The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.
- Account Registration
In order to access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. Purearts reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. Purearts reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Purearts of any unauthorized use of your Account.
- User Submitted Content
Notwithstanding the above, if you submit Content to Purearts, in its sole discretion, to consider using for its own purposes, you may be asked to agree to a separate license agreement that will supersede this provision with respect to such Content. You acknowledge and agree that Purearts has no obligation to use any Content that you submit and that you have no obligation to agree to license terms other than those presented here.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Service or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Purearts the rights in such Content, as contemplated here; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Purearts’s use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Idea or Proposal Submissions/Feedback
For any proposals or ideas that you submit to Purearts, in addition to any other representations or warranties, you represent and warrant that you have the right to disclose such ideas or proposal to Purearts and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend Purearts from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.
By submitting your idea or proposal you acknowledge and recognize that Purearts has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, Purearts may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing shall be construed as a representation or inference that Purearts will not independently develop or authorize the development of products, services or ideas, for itself or for others, that may compete with or be similar to the proposals or ideas you submit. Moreover, Purearts assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to Purearts product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that Purearts’s willingness to review any proposals or ideas is not an admission by Purearts of novelty, priority, or originality and does not impair Purearts’s right to contest existing or future patents or copyrights claiming the ideas. You agree that Purearts assumes no liability in reviewing these proposals or ideas.
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of Purearts and you hereby irrevocably assign to Purearts and agree to irrevocably assign to Purearts all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
- General Prohibitions
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Service, or any individual element within the Service, Purearts’s name, or the layout and design of any page or form contained on a page, without Purearts’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Purearts’s computer systems, or the technical delivery systems of Purearts’s providers;
- Attempt to probe, scan, or test the vulnerability of any Purearts system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Purearts or any of Purearts’s providers or any other third party (including another user) to protect the Service or Content;
- Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Purearts or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Purearts trademark, logo URL or product name without Purearts’s express written consent;
- Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted here;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Purearts will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Purearts may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOU. You acknowledge that Purearts has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Purearts reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that Purearts, at its sole discretion, considers to be objectionable for any reason, in violation of these TOU or otherwise harmful to the Service.
The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that Purearts is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Purearts of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Purearts reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. You may also be asked to re-acknowledge and re-accept the TOU following any material changes. If the modified TOU are not acceptable to you, your only recourse is to cease using the Service.
- Termination and Account Cancellation
If you breach any of these TOU, Purearts will have the right to suspend or disable your Account or terminate these TOU, at its sole discretion and without prior notice to you. Purearts is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service. Your rights under these TOU will terminate immediately and automatically, with or without notice in Purearts’s sole discretion, if Purearts ceases to support the Service. Purearts reserves the right to revoke your access to and use of the Service and Content at any time, with or without cause. You may cancel your Account at any time by contacting Purearts Support.
THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PUREARTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Purearts MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Purearts MAKES NO WARRANTY THAT PUREARTS WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND PUREARTS RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE WITHOUT NOTICE TO YOU. Purearts MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUREARTS OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.
You agree to defend, indemnify, and hold Purearts, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Content, or your violation of these TOU.
- Controlling Law and Jurisdiction
These TOU and any action related thereto will be governed by the laws of the Province of Manitoba without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
- Entire Agreement
These TOU constitute the entire and exclusive understanding and agreement between Purearts and you regarding the Service and Content, and these TOU supersede and replace any and all prior oral or written understandings or agreements between Purearts and you regarding the Service and Content.
You may not assign or transfer these TOU, by operation of law or otherwise, without Purearts’s prior written consent. Any attempt by you to assign or transfer these TOU, without such consent, will be null and of no effect. Purearts may assign or transfer these TOU, at its sole discretion, without restriction. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these TOU, will be in writing and given by Purearts (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Purearts to enforce any right or provision of these TOU will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Purearts. Except as expressly set forth in these TOU, the exercise by either party of any of its remedies under these TOU will be without prejudice to its other remedies under these TOU or otherwise. If for any reason a court of competent jurisdiction finds any provision of these TOU invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TOU will remain in full force and effect.