Terms and Conditions
Availability and access
We will use reasonable means to ensure that the Service is available 24 hours
a day 7 days a week. There will be times when the Service is interrupted for
maintenance, upgrades and repairs or as a result of telecommunications and equipment
failure that are beyond our control. We will take steps to minimize such disruption
where it is within our control. You agree that we will not be liable to you
for any modification, suspension, discontinuance or lack of availability of
the Service.
You are responsible for obtaining access to the Service and for the equipment
required to achieve this. To do so may also require the involvement of third
parties (such as Internet Service Providers). You are responsible for all fees
charged by third parties in this regard.
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Privacy
We are committed to protecting your privacy. We invite you to review our Privacy
Policy on the following link – Privacy
Policy
Communications and advertising
You understand that the Service may include advertisements. We may from time
to time send messages to you relating to the Service. Furthermore we may send
messages concerning other service and product offerings.
Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that we shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
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Links
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because we have no control over such sites and
resources, you acknowledge and agree that we are not responsible for the availability
of such external sites or resources, and do not endorse and are not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such site or
resource.
Proprietary rights of the Company
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by the Company or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
The Company grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by the Company for use in accessing the
Service.
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Amendment of Terms
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that we shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
Applicable law and jurisdiction
This Agreement shall be deemed to be made in the state of Florida, USA, and
shall in respects be interpreted, construed, and governed by and in accordance
with the laws of the state of Florida, USA.. Any legal action initiated in relation
to this Agreement must be brought in Palmbeach County Court System, Florida,
USA,.
Advice for international use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the country in which you reside.
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Registration
To purchase from or register as a member of the Service you must be 18 years
of age or over. You agree that the information that you provide to us on registration
and at all other times will be true, accurate, current and complete. You also
agree that you will ensure that this information is kept accurate and up to
date at all times. This is especially important with respect to your email address,
as this is the primary method by which we will communicate with you.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or we have any reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or
any portion thereof).
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Account, Password and security
You will receive a password and be assigned an account upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password and/or account. You agree to (a) immediately notify
us of any unauthorised use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. We are not liable for any loss or damage arising from your failure
to comply with this clause. We reserve the right at our sole discretion to require
you to alter your password if we believe that your password and/or account are
no longer secure.
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Right to return
There is no right of return on any transaction undertaken on this Service. All
purchases are final no Refunds whatsoever.
Copyright of Materials
We do claim ownership rights in any materials contained in purpleumpkin.com.
Reporting copyright violations
All copyright violations will be investigated and prosecuted.
You further agree that you shall not:
Interfere with or disrupt (or attempt to interfere with or disrupt) this Service
or servers or networks connected to this Service, or to disobey any requirements,
procedures, policies or regulations of networks connected to this Service; or
Provide any information to us that is false or misleading, that attempts to
hide your identity or that you do not have the right to disclose.
Monitoring of service
We do not control the content of members' accounts and do not have any obligation
to monitor such content for any purpose. You acknowledge that you are solely
responsible for all content and material you provide to the Service.
You acknowledge that we may or may not screen content, but that we have the
right (but not the obligation) at our sole discretion to screen, refuse, or
move any content that is available via the Service. Without limiting the foregoing,
we shall have the right to remove any content that violates these Terms or is
otherwise objectionable.
You acknowledge, consent and agree that we may access, preserve, and disclose
your account information and content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims
that any Content violates the rights of third parties; (d) respond to your requests
for customer service; or (e) protect the rights, property, or personal safety
of our employees and associates, users and the public.
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Suspension and termination of accounts
You agree that we may at any time without notice:
a. refuse to accept your application to become a member of the Service;
b. move or suspend any part of the Service; or
c. refuse to fulfil any order, or any part of any order or terminate your account
and delete any Content stored in your account if, at our sole discretion, you
fail to comply with any of these Terms or if a competent regulatory authority
requires us to do so.
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DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE - DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
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LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your violation
of these Terms, or your violation of any rights of another.
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No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there
shall be no third party beneficiaries to this Agreement.
Notice
We may provide you with notices, including those regarding changes to the Terms,
by email, regular mail, or postings on the Service.
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General
Entire Agreement
These Terms constitute the entire agreement between the Company and you (the
“Agreement”) with respect to your use of the Service and supersede any previous
agreements.
Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect.
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No Right of Survivorship and Non-Transferability
You agree that your account is non-transferable and any rights to your account
or contents therein terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the Terms
must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Titles
The section titles in the Terms are for convenience only and have no legal or
contractual effect.
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References
Within these Terms the Company is also referred to as “We”, “Us” and “Our”.
References to the Singular include the plural and vice versa.
Assignment
The Company may assign its ownership in this Service without prior written notice
to you.
Content
Content refers to images and text used within the Service.
Comments
We are always interested to receive feedback on the Service.
Return Policy for Printed Books:
Within 30 days of shipment, you may return any of the Printed Books purchased in their original condition: unopened with the original packing. You will receive a full refund .( Return shipping not included). All refunds will be made within 30 days of books returned and received.
We will also pay the new shipping costs to the customer if the book is a defective item. All defective returns must be within 15 days of original shipment to the customer. We will mail you a new book at no cost to you. We will also pay the customer’s return shipping cost if the return is a result of our error. (You received an incorrect or defective book.) Shipping cost reimbursement will be equal to original shipping costs of the book to the customer.
There are no book returns after 30 days, and no returns for defective books
after 15 days.