TOU last updated: April 20, 2015
Welcome to the Big Purple Dot™ website and mobile platform (the “Site”), which is owned and operated by BigPurpleDot LLC (“Big Purple Dot”). Big Purple Dot also operates its Facebook page at facebook.com/BigPurpleDot, Twitter feed at @BigPurpleDot, Pinterest Page at pinterest.com/bigpurpledot, Google Plus page at plus.google.com/113829514598127514284/posts, and Instagram Page at instagram.com/bigpurpledot, all of which are deemed within the definition of the “Site.” We want your experience on our Site to be enjoyable, useful and secure.
You are reading the most current version of the TOU, which was posted as the date listed at the end. We may update the TOU at any time by posting a new version here without prior notice. Your continued use of the Site after any such update constitutes your acceptance of and agreement to such changes.
Big Purple Dot tries to be as accurate as possible with respect to its Site Content, but does not warrant that the Content is accurate, complete, reliable, current or error-free. While we strive for excellence, the Site may include typographical or other errors and inaccuracies.
The Site features various types of content, including streaming video and audio, text, logos, icons, images, graphics, photos, designs, layouts, screen displays and menus, as well as underlying code in various formats and software (collectively, “Content”). Unless otherwise specified in the these TOU, all Content is owned and controlled by Big Purple Dot, its affiliates, advertisers or licensors, and is protected by the copyright and trademark laws of the United States, international conventions, and other countries. The Site itself is protected by Big Purple Dot as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other copyright laws. You may download and print out pages and static information from this Site only for your personal use, provided you retain all copyright, trademark and other proprietary notices. You are prohibited from using any technology or other means to simultaneously or otherwise record or make a copy of any Content. Except to the extent you as a registered end-user of the Site retain any intellectual property rights in specific Content, as provided under these TOU, you may not otherwise use, modify, reproduce, distribute, republish, upload, create derivative works from, post or transmit, or reverse engineer in any way any Content or functionality of the Site except as expressly permitted by these TOU or with the express prior written consent of Big Purple Dot.
All registered user names and passwords shall, with respect to this Site, be deemed confidential information of Big Purple Dot and shall not be shared with, or disclosed by you to, anyone else. Big Purple Dot has the absolute right to disable or suspend any user names and passwords for any violation of these TOU.
Big Purple Dot grants you a limited, revocable, non-assignable, non-exclusive license to access and make personal use of this Site, subject to all the terms of these TOU. This license prohibits any use of data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any Content on the Site without the express written consent of Big Purple Dot. You may not use or embed in any other Internet site or blog any meta tags or other non-visible meta-data that incorporates any trademarks, service marks, logos or trade names of Big Purple Dot or any Big Purple Dot affiliates without the express written consent of Big Purple Dot. Any unauthorized use of this Site or any Content will immediately terminate the license granted by Big Purple Dot. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site as long as the link does not portray Big Purple Dot, its affiliates, or their Content or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Big Purple Dot logo or other graphic or design Content as part of the link without express written permission from Big Purple Dot.
To access any paid Content on the Site, you must first register. To register, you must provide your name, a valid email address that you are authorized to use, your phone number, and a password. You will not be permitted to register and access any paid content unless you expressly “accept” these TOU.
You may be presented with additional terms relating to specific purchases before you confirm the transaction. Those additional terms will also govern that transaction.
BIG PURPLE DOT MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SITE. ANY PRODUCTS SOLD ON THE SITE WILL BE SUBJECT TO THEIR RESPECTIVE MANUFACTURERS’ OR DISTRIBUTORS’ WARRANTIES, IF ANY.
You are prohibited from using this Site and using, posting, creating or uploading any Content to: (i) transmit, store, embed, upload or otherwise make available any material or Content that infringes any intellectual property or other proprietary rights of Big Purple Dot, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity; (ii) transmit, store, embed, upload or otherwise make available material or Content that disrupts or corrupts the Site or any Content, imposes an unreasonable or disproportionately large load on the Site’s servers or infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (iii) transmit, store, embed, upload or otherwise make available material or Content that is false or defamatory, obscene, threatening, abusive, pornographic or sexually explicit, profane, derogatory, discriminatory, or which constitutes hate speech or contains excessively graphic language, or adversely affects Big Purple Dot’s or its advertisers’ and affiliates’ business, or is otherwise objectionable in Big Purple Dot’s sole discretion; (iv) transmit, store, embed, upload or otherwise make available material that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, provincial or international laws or regulations; (v) transmit, store, embed, upload or otherwise knowingly or negligently inject into the Site or its backend systems any virus, Trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store, embed, upload or otherwise make available material or Content that contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or other solicitations of any kind; (vii) transmit, store, embed, upload or otherwise make available material that constitutes or contains false or misleading indications of origin or statements of fact; (viii) exploit, harm, personally attack or impersonate other Site end-users, Big Purple Dot management or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) use or attempt to use another person’s personal information, account data or password except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; and (xi) use automated scripts to collect information from or otherwise interact with the Site.
This Site may provide links to other third party sites and resources. Because Big Purple Dot does not have control over such sites and resources, you acknowledge and agree that Big Purple Dot is not responsible for the content or availability of such sites or resources, and does not sponsor, endorse or assume any liability for any content, advertising, products, services or other materials offered by or made available through such third party sites and resources. You further acknowledge and agree that Big Purple Dot shall not be responsible or liable in any way for any loss or damage you may incur as a result of your use of any such third party site or resources.
Big Purple Dot may offer as a convenience through the Site certain advertising and links to promotional offers from its advertising and business affiliates that may be of interest to you. Because Big Purple Dot has no control over such advertisements and promotional offers, you agree that Big Purple Dot shall have no liability for the content and offerings of any such advertisements or promotional offers. Your communication and business dealings with, or participation in promotions of, such advertisers or business partners, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations concerning such dealings, are solely between you and such advertiser or business affiliate. You agree that Big Purple Dot shall not be responsible or liable in any way for any loss or damage you may incur as the result of any such advertisements or your participation in any such promotional offers.
All posted comments must comply with the foregoing Site Restrictions and Prohibited Content, Conduct and Activities provisions and all other provisions of these TOU. You hereby grant Big Purple Dot and its affiliates a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license and right to publish, copy, modify for Site formatting and technical requirements, display, stream, transmit, publish and use any comments you post to any portion of the Site, including without limitation the right to use comments for any purposes relating to the current and future business and services of Big Purple Dot or its affiliates. In addition to the foregoing rights, you also grant to Big Purple Dot under said license the following rights, without limitation, with respect to such comments: (i) the right to use, perform or post, in whole or in part, such Content in Big Purple Dot’s marketing, advertising and promotional materials in any medium or means of publication or transmission, whether now known or hereafter invented; (ii) the right to reproduce, copy or create derivative works thereof; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in whole or in part; (iv) the right to add or remove from the Site; and (iv) the right to use or incorporate all or any part of such Content in any products or services that may be offered for sale by Big Purple Dot or otherwise through the Site.
You hereby waive all rights to any claim against Big Purple Dot or its affiliates 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.
Any email you send to Big Purple Dot must identify the sender and not use a false name or anyone else’s name. Your e-mail address and the content of any e-mail you send will be used to communicate with you and to satisfy our legal and regulatory requirements with regard to customer communications.
The information contained in any email or other communication you send to Big Purple Dot shall be deemed to be non-confidential and non-solicited, and Big Purple Dot assumes no obligation to protect such information from disclosure. Subject only to any protections to which such information may be entitled under valid intellectual property or other laws or regulations, Big Purple Dot’s receipt of such information shall not restrict Big Purple Dot in any way from engaging in any business or venture, or offering any products or services, that may relate or be similar to any information, ideas or concepts you may disclose to Big Purple Dot, and Big Purple Dot shall be free to reproduce, use, disclose and distribute such information to others without restriction. You acknowledge that transmissions sent to and from this Site are not confidential and may be read or intercepted by others. You acknowledge that by communicating with Big Purple Dot or its business affiliates, no confidential, fiduciary, contractually implied or other relationship is created between you and Big Purple Dot or its business affiliates other than pursuant to this Agreement.
Big Purple Dot has the right, in its sole discretion and without notice or liability to you or any third party, to terminate any registration or account you may open on this Site for cause, without limitation, based upon (a) any breach or violation of these TOU or any applicable laws and regulations, (b) requests by law enforcement or government agencies, (c) discontinuance of such services or modification of the Site, and (d) unexpected technical or security issues or problems. Termination of your account(s) may include removal of access to all services requiring registration.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BIG PURPLE DOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, ADVERTISERS AND OTHER BUSINESS AFFILIATES, FROM ANY LOSSES, DAMAGES OR ANY OTHER LIABILITIES, INCLUDING ATTORNEYS' FEES AND EXPENSES, ARISING FROM ANY CLAIM, ACTION OR DEMAND MADE BY ANY THIRD PARTY CONCERNING OR ARISING OUT OF YOUR USE OF THIS SITE, YOUR CONNECTION TO THE SITE, YOUR UPLOADING OR POSTING ANY CONTENT TO THE SITE, YOUR VIOLATION OF THESE TOU, AND YOUR VIOLATION OF LAW OR OF ANY RIGHTS OF A THIRD PARTY.
If you are using the Site or any Content on behalf of a business, that business accepts these TOU. IT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS BIG PURPLE DOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, ADVERTISERS AND OTHER BUSINESS AFFILIATES, FROM ANY LOSSES, DAMAGES OR ANY OTHER LIABILITIES, INCLUDING ATTORNEYS' FEES AND EXPENSES, ARISING FROM ANY CLAIM, ACTION OR DEMAND MADE BY ANY THIRD PARTY CONCERNING OR ARISING OUT OF YOUR USE OF THIS SITE, YOUR CONNECTION TO THE SITE, YOUR UPLOADING OR POSTING ANY CONTENT TO THE SITE, YOUR VIOLATION OF THESE TOU, AND YOUR VIOLATION OF LAW OR OF ANY RIGHTS OF A THIRD PARTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. THE SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIG PURPLE DOT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR LATENCY OF THE SITE, AND NON-INFRINGEMENT. BIG PURPLE DOT EXPRESSLY DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, RELEVANCY OR QUALITY OF, OR THE DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE, ANY CONTENT, MATERIALS OR SERVICES, OR TO STORE ANY PERSONALIZED USER SETTINGS OR INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BIG PURPLE DOT MAKES NO WARRANTIES OF ANY KIND THAT THE SITE AND ANY SERVICES OR MERCHANDISE PURCHASED OR OBTAINED THROUGH THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL BE ERROR FREE. 2. ANY CONTENT OBTAINED OR VIEWED THROUGH THE SITE IS USED AT YOUR SOLE DISCRETION AND RISK . 3. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIG PURPLE DOT OR THROUGH YOUR USE OR ACCESS TO THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.
YOU AGREE AND ACKNOWLEDGE THAT NEITHER BIG PURPLE DOT NOR OR ANY OF ITS AFFILIATES OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIG PURPLE DOT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER BASED IN TORT, CONTRACT OR OTHERWISE), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE OR ACCESS THE SITE, ANY CONTENT, OR ANY LINKS EMBEDDED WITHIN THE SITE; (ii) ANY TRANSACTION FOR GOODS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS WITH THE SITE OR OTHER DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND CONTENT. IN NO EVENT SHALL BIG PURPLE DOT BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE THROUGH THE SITE OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE TOU AND THE RELATIONSHIP BETWEEN YOU AND BIG PURPLE DOT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS AND POLICIES. IN CONNECTION WITH ANY DISPUTE, CLAIM OR BREACH RELATING IN ANY WAY, ARISING OUT OF, OR CONCERNING THE SITE, ANY CONTENT, YOUR USE OF THE SITE, THESE TOU AND/OR THE RELATIONSHIP BETWEEN YOU AND BIG PURPLE DOT, YOU AND BIG PURPLE DOT AGREE TO (1) TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN THE CENTRAL DISTRICT OF CALIFORNIA, AND (2) WAIVE ANY AND ALL DEFENSES TO JURISDICTION AND VENUE IN SUCH COURTS, INCLUDING WITHOUT LIMITATION ANY DEFENSE OR OBJECTION BASED ON INCONVENIENCE OF SUCH FORUM.
Big Purple Dot controls the Site from its offices within the United States. You acknowledge and agree that you use and access the Site on your own volition and are solely responsible for compliance with applicable local laws.
Under California Civil Code Section 1789.3, California users of the Site are entitled to receive contact information in order to resolve a complaint regarding any services offered through the Site or to receive further information regarding use of any such service. Please submit any such complaints or questions to the following:
BigPurpleDot LLC 222 Goddard Avenue Irvine, CA 92618 U.S.A. Attention: Support Email: firstname.lastname@example.org
Currently there are no charges to the consumer for use of the Site, except for accessing paid Content and any applicable taxes, shipping fees and other charges associated with any purchases. You are also entitled to this specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Big Purple Dot’s failure to exercise or enforce any of it rights or any provisions of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the you and Big Purple Dot agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision, and the other provisions of the TOU shall remain in full force and effect. You agree that there are no third party beneficiaries to this Agreement. The section headings used in these TOU are for convenience only and shall not be given any legal import.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, UNLESS A SHORTER PERIOD IS OTHERWISE SPECIFIED IN THESE TOU, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TOU MUST BE FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR IT WILL BE FOREVER WAIVED AND BARRED.