Terms of Service

PurpleFlock offers a community and platform for users to interact and communicate with one another (the “Service”). By registering as a member and creating an account or otherwise using the Service in any way, you agree to the Terms of Service (the “TOS”).

The TOS governs your access to and use of the Service and sets forth the terms and conditions under which the Service is made available to you. The TOS, along with any other rules and policies that PurpleFlock may post from time to time within the Service (incorporated herein by reference), will govern your use of the Service. If you do not agree to comply to the TOS, then you may not access or use the Service.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in the TOS. If you are using the Service as a representative of a company or legal entity, you represent and warrant that you: (i) have the authority to enter into the TOS on behalf of that company or entity and grant all licenses set forth in the TOS on behalf of that company or entity; and (ii) agree that the terms "you" and "your" in the TOS refers to your company or legal entity.

ELIGIBILITY
By using the Service, you agree that you: (i) can form a binding contract with PurpleFlock or your parent or legal guardian has read, reviewed and agreed to accept the TOS; (ii) will comply with these TOS and all applicable local, state, national, and international laws, rules, and regulations.; and (iii) are at least 13 years of age.

LICENSE TO USE SERVICES
PurpleFlock grants you a limited, non-exclusive license to access and use the Service. This license is personal to you and may not be assigned or sublicensed to anyone else or any other entity.

Except as expressly permitted by PurpleFlock in writing, you may not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service in any way, nor will you take any measures to interfere with or damage the Service, in whole or in part. All rights not expressly granted by PurpleFlock herein are reserved.

LICENSE GRANTED BY YOU
As between you and PurpleFlock, you own all content that you create and submit to the Service. You grant PurpleFlock a worldwide, perpetual, non-exclusive, and royalty-free license to distribute, edit, host, modify (in whole or in part), store, transmit, use, and publicly display your content through all media now known or hereafter created. You further grant all users of the Service permission to view and use your content.

If you make suggestions to PurpleFlock on improving or adding new features to the Service, PurpleFlock shall have the right to use your suggestions without any compensation or obligation to you.

MEMBERSHIP AND ACCOUNTS
To fully use the Service, you need to register as a member and create an account by providing a valid e-mail address and other information. You must provide complete and accurate registration information to PurpleFlock and update your information when it changes. If you are a business, government, or nonprofit entity, the person whose e-mail address is associated with the account must have the authority to bind the entity to the TOS.

By using the Service, you agree that you will not: (i) create more than one account for yourself; (ii) create another account if PurpleFlock has already disabled your account, unless you have PurpleFlock's written permission to do so; (iii) buy or sell access to your account without PurpleFlock's written permission; (iv) share your account password; and (v) log in or attempt to access the Service through unauthorized third-party applications or clients.

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you become aware of unauthorized access to your account, you agree to change your password and notify PurpleFlock immediately.

TERM AND TERMINATION
The TOS begins on the date you create your account or first use the Service and continues as long as you have an account with PurpleFlock and continue to use the Service.

PurpleFlock may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submit to PurpleFlock via the Service if PurpleFlock determines that you have violated any provision of the TOS or for any other reason. If PurpleFlock disables or deletes your account for the foregoing reasons, you may not create a new account on the Service. PurpleFlock may block your e-mail address and Internet protocol address to prevent further registration and account creation.

Upon termination, all licenses granted by PurpleFlock will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. PurpleFlock shall not be responsible for the loss of such content.

CONTENT RESTRICTIONS
You may not upload, post, or transmit (collectively, "submit") any text, images, videos, sounds, or other works (collectively, "content") that: (i) Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) Contains sexually explicit content or pornography; (iii) Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) Exploits minors; (v) Depicts unlawful acts or extreme violence; (vi) Depicts animal cruelty or extreme violence towards animals; (vii) Promotes fraudulent or dubious business schemes; or (viii) Violates any law.

CODE OF CONDUCT
In using the Service, you agree that you will behave in a civil and respectful manner at all times. Further, you agree that you will not: (i) Act in a deceptive manner by, among other things, impersonating any person; (ii) Harass or stalk any other person; (iii) Harm or exploit minors; (iv) Distribute "spam"; or (v) Collect information about others.

Furthermore, by using the Service, you agree that: (i) You will not use the Service for any purpose that is illegal or prohibited in these TOS; (ii) You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other user’s information; (iii) You will not use or develop any third-party applications that interact with other users’ content or the Service without PurpleFlock's written consent; (iv) You will not use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service; (v) You will not use another user’s account, username, or password without their permission; (vi) You will not solicit login credentials from another user; (vii) You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence; (viii) You will not upload viruses or other malicious code or otherwise compromise the security of the Service; (ix) You will not attempt to circumvent any content-filtering techniques PurpleFlock employ, or attempt to access areas or features of the Service that you are not authorized to access; (x) You will not probe, scan, or test the vulnerability of the Service or any system or network; and (xi) You will not encourage or promote any activity that violates the TOS.

PurpleFlock has the right, but not the obligation, to monitor all content submitted to the Service. If PurpleFlock believes you are abusing the Service in any way, PurpleFlock may limit, suspend, or terminate your account and access to the Service, remove any content you have submitted to the Service, remove any special status associated with your account and take technical or legal steps to prevent you from using the Service.

PurpleFlock may cancel unconfirmed accounts or accounts that have been inactive for a long time. PurpleFlock may also modify or discontinue the Service at any time. Additionally, PurpleFlock reserves the right to refuse access to all or part of the Service to you for any reason.

PURCHASES AND REFUNDS
You agree that you will pay for all products you purchase from PurpleFlock through the Service, and that PurpleFlock may charge your payment method for any products or services purchased from PurpleFlock through the Service. All gifted purchases to other users may not be used as a form of currency or trade. These are gifts, not a currency or middleman for your transactions. Prices for products and services offered by PurpleFlock via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. Any purchase made from PurpleFlock via the Service is non-refundable. If your account is suspended or terminated due to your breach of the TOS, you will not be refunded for any purchase made from PurpleFlock via the Service.

BRANDING GUIDELINES
PurpleFlock permits you to use its name, logo, screenshots and other brand features (“Brand Features”) only in limited circumstances and as specified in this TOS.

PurpleFlock’s name and logo may not be used in connection with any third-party service or product unless otherwise agreed upon in writing. In addition, PurpleFlock’s name and logo may not be used on manufactured products, such as T-shirts, packaging, or other merchandise. PurpleFlock’s logo may not be used in a way that suggests a common, descriptive, or generic meaning. PurpleFlock’s logo may not be used in a way that implies a relationship or affiliation with, or endorsement by, PurpleFlock.

You may use a standard screenshot of the Service in digital formats for an instructive, educational or illustrative purpose. You may not superimpose graphics, photos, or ad copy on the screenshot or otherwise change the look of the screen-captured image.

REPRESENTATIONS AND WARRANTIES BY YOU
For each piece of content that you submit, you represent and warrant that: (i) you own the content you submit to the Service and are able to grant the licenses set forth in the TOS; (ii) PurpleFlock will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with the TOS and all applicable laws.

INDEMNIFICATION
You will indemnify, defend, and hold harmless PurpleFlock and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Service; (ii) assert a violation by you of any term of the TOS; or (iii) assert that any content you created using the Service or submitted to PurpleFlock violates any law or infringes any third party right, including any intellectual property or privacy right.

DISCLAIMERS
PurpleFlock has no obligation to screen or monitor any content and does not guarantee that any content available on the Service complies with the TOS or is suitable for all users.

PurpleFlock provides the Service on an "as is" basis. You, therefore, use the Service at your own risk. PurpleFlock 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, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, PurpleFlock make no representations or warranties: (i) Concerning any content submitted by any user; (ii) Concerning any third party's use of content that you submit to the Service; (iii) That any content you submit to the Service will be made available on the Service or will be stored by PurpleFlock; (iv) That the Service will be permitted in your jurisdiction; (v) That the Service will be uninterrupted or error-free; (vi) That the Service will meet your business or professional needs; (vii) That PurpleFlock will continue to support any particular feature of the Service; or (viii) Concerning sites and resources outside of the Service, even if linked to from or within the Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of ninety (90) days after the date on which you first used the Service, and no warranties shall apply after such period.

LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) PurpleFlock shall not be liable 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; and (ii) PurpleFlock's total liability to you shall not exceed the amounts paid by you to PurpleFlock over the one (1) year period preceding your claim(s).

MODIFICATIONS
PurpleFlock reserves the right to modify or revise the TOS at any time and for any reason. PurpleFlock will use reasonable efforts to notify you of any significant changes to the TOS. Any revised version of the TOS will be effective as of the date it is posted within the Service. Use of the Service after any such revision of the TOS has been posted shall constitute your agreement to the terms and conditions outlined in the revised TOS.

COMMUNICATIONS AND NOTICES
You consent to receive all communications including notices, agreements, disclosures, or other information from PurpleFlock electronically. PurpleFlock may provide all such communications by e-mail and by posting them on or within the Service. You may send notices of a legal nature to PurpleFlock via electronic mail at [email protected]

THIRD-PARTY BENEFICIARIES AND ASSIGNMENT
The TOS is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign the TOS without PurpleFlock's prior written consent. No third party shall have any rights hereunder.

RESERVATION OF RIGHTS AND WAIVERS
PurpleFlock reserves all rights not expressly granted to you herein. No failure or delay by PurpleFlock in exercising any right hereunder constitutes a waiver of any further exercise of that right. PurpleFlock’s rights and remedies hereunder are cumulative and not exclusive. Nothing herein shall limit PurpleFlock's right to object to subpoenas, claims, or other demands.

GENERAL PROVISIONS
The TOS shall be governed by the laws of Perth, Australia without regard to principles of conflicts of law. If any provision of the TOS is found to be invalid or unenforceable, then that provision will be severed from the TOS and not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and shall not be used to construe the terms of the TOS. The TOS constitutes the entire agreement between PurpleFlock and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same, whether oral or written.

PRIVACY POLICY
By registering as a member and creating an account on the Service, you consent and agree to the collection and use of information collected from you by PurpleFlock in accordance with our Privacy Policy, which is as follows. PurpleFlock may change this policy from time to time.

It is PurpleFlock's policy to respect your privacy regarding any information we may collect while operating the Service. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• We will collect and use personal information solely for the purpose of operating and providing the Service, unless we obtain your consent or as required by law.
• We will collect personal information by lawful and fair means and, where appropriate, with your knowledge or consent.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will provide information to users about our policies and practices relating to the management of personal information upon request.