TERMS & CONDITIONS:

Note: The Purple Movement will be referred to as "TPM" or "TPM's" in the following document.
Updated July 2020

1. ACCEPTANCE OF TERMS

The Site is made available by TPM subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice, and/or offer opportunities to some or all users of the Site. You agree that neither TPM nor any of its affiliates, nor any of the TPM’s or its affiliates’ respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

 

2. JURISDICTIONAL ISSUES

The Site is controlled and operated by TPM from the United States, and is not intended to subject TPM to the laws or jurisdiction of any state, country or territory other than that of the United States. TPM does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, including Campaigns (as defined below) available through the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with and ensuring that your Campaigns (if any) comply with all local laws, rules and regulations.

 

3. DESCRIPTION OF THE SERVICES

We provide users with access to a community of content and ideas that are intended to unite the voice of the people to procure new policy or reformation to bring about reconciliation and important real-world changes between politics and people, which may include: (a) services such as profiles, forums, the ability to submit ideas and post ideas, registration functionality, RSS feeds of news, tools, photos, video, blogs, reviews, ratings and links to third party web sites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other similar content (such content and services, collectively, the “Services”).

 

4. INFORMATION SUBMITTED THROUGH THE SITE

Your submission of information through the Site is governed by TPM’s Privacy Policy, which is currently located at www.thepurplemovement.org/privacy (the “Privacy Policy”), which is hereby incorporated into this Agreement by this reference. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site or any Services.

5. RULES OF CONDUCT

While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:

  • Upload, post, transmit, share, store or otherwise make available, through or in connection with the Site:

    • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

    • Any virus or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

    • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” or investment opportunity, or any other form of solicitation.

    • Anything that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

  • Use the Site for any fraudulent or unlawful purpose.

  • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

  • Harvest or collect e-mail addresses, phone numbers, or any other personal information about other Site users from the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications.

  • Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).

  • Use the Site to advertise or offer to sell or buy any goods or services without TPM’s express prior written consent.

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

6. REGISTRATION; USER NAMES AND PASSWORDS

You may be required to register with TPM in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify TPM of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

7. LICENSE

You retain ownership of your Submissions, including information, ideas, content and/or materials protected by copyright, trademark, trade secret, right of publicity or other proprietary right. However, please note that we need certain rights to your Submissions in order to make them available on the Site. As such, you hereby grant to TPM, the Affiliated Entities and their respective service providers and designees a worldwide, non-exclusive, transferable, sub-licenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for any purpose in connection with the Site, including to use your Submission in connection with TPM campaigns or advertisements and to publicize your Campaign through any media.

This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sub-licenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site. TPM truly desires and looks to credit any individual(s) who spark ideas of change but is by no means obligated to do so at any time.

 

8. LIMITATION OF LIABILITY

TPM will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, TPM will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any content or campaign posted on the Site by TPM or any third party. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. The maximum liability of TPM for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall not exceed one hundred U.S. dollars.

 

9. INDEMNITY

You agree to defend, indemnify and hold harmless TPM from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; (c) your Submissions.

 

10. TERMINATION

This Agreement is effective until terminated. TPM, in its sole discretion, may terminate your access to or use of the Site or this Agreement, at any time and for any reason, including if TPM believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that TPM may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that TPM shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. 

 

11. CONTACT US

If you have any questions regarding the meaning of application of this Agreement, please direct such questions to info@thepurplemovement.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

 

12. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send TPM a notice requesting that TPM remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send TPM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to info@thepurplemovement.org.

 

13. ABILITY TO ENTER INTO THIS AGREEMENT

By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

 

14. MISCELLANEOUS

This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TPM.  The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TPM will not be responsible for failures to fulfill any obligations due to causes beyond its control.

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