TERMS OF SERVICE
This site contains adult oriented material and may be objectionable to some people. This material is intended for adults (18 years and older) only.
This purplepomp.com/ppomp.co Website Agreement (the "Agreement") is between you and the purplepomp.com/ppomp.com, LLC ("Company"). Use of the purplepomp.com/ppomp.com Website (the "Website") signifies your agreement to the terms and conditions of use set forth below in the Agreement and that you are of the age of majority in your jurisdiction.
1. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
2. Company may monitor your use of this Website and may freely use and disclose any information and materials received from you or collected through your use of the Website for any lawful reason or purpose.
3. Company reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
4. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, -commercial use. materials contained on the Website are protected by copyright, are owned, or controlled by Company or the party credited as the provider of the content. You will abide by all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company, or the copyright holder identified in the individual content's copyright notice.
5. If you believe that specific content on the Website infringes upon your copyrighted materials, please provide Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the URL’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company's Designated Agent for copyright claims can be contacted as follows:
PurplePomp.com/PPomp.com DMCA Agent
PO Box 24
Junciton City, KS 66441
DMCA@purplepomp.com
6. Company may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
7. You represent, warrant and covenant that: (a) shall not upload, post or transmit to, distribute, otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e. Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) that you are at least eighteen (18) years old, or twenty-one (21) years old if that is the age of majority in your jurisdiction; (c) you will not redistribute content to anyone, nor will you permit any minor, or anyone who would find the content offensive, to view the content; and (d) you will not use or access the Website in any jurisdiction in which doing so would be unlawful.
8. The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.
9. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
10. Company does not and cannot review all materials posted to the Website by users, and Company is not responsible for any such materials posted by users. However, Company always reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, in Company's sole discretion, are objectionable or in violation of this Agreement.
11. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.VCOMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
12. By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively "Communications") to the Website, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
13. You maintain sole responsibility for your interactions with purplepomp.com/ppomp.com members. You understand that Company does not in any way screen its members or verify any statements made by its members. Company makes no representations or warranties of any kind as to the conduct of members. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEBSITE OR PERSONS YOU MEET THROUGH THIS WEBSITE.
14. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
15. You may at any time request to have your account, and or, membership cancelled by simply sending an email to admin@purplepomp.com and clearly defining the account that is to be cancelled. Company also reserves the right to refuse or cancel the account, and or, membership of any member found to be defrauding the system in any way, or in any case where Company feels that the member is not acting in the best interests of the Website.
16. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEVADA, COUNTY OF CLARK.
17. This Agreement constitutes the entire agreement between Company and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.