Privacy Policy and Terms of Use
Last Modified: May 24, 2020
As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, tablet, smart phone or other similar device, subjecting the information to statistical or any other analysis and using or handling information in any way, including but not limited to collecting, storing, evaluating, altering, deleting, combining, disclosing and transferring information within Purple News or among any of our affiliates whether within the United States or internationally.
In this Policy, we will refer to Purple News.com as “Purple News”, “our”, “us” or “we.”
Purple News respects the privacy of our Users and is fully committed to protecting it through our compliance with this Policy. As such, this Policy describes the types of information we may collect from you or that you may provide when you visit Purple News.com as well as our practices for collecting, using, maintaining, storing, protecting, and disclosing that information.
Note that this Policy may be amended and/or modified from time to time in Purple News’s sole discretion. All Users of Purple News should refer to this Policy on a consistent basis and we will notify Users of any changes to the Policy by including the modifications into this Policy and maintaining the “last modified” date at the top of this page.
This Policy applies to information we collect: *On Purple News.com. *In e-mail, text and other electronic messages between you and Purple News.com. *Through mobile and desktop applications you download from us, which provide dedicated non-browser-based interaction between you and Purple News. *When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy. It does not apply to information collected by: *us offline or through any other means, including on any other website operated by Purple News or any third party (including, if applicable, our affiliates and subsidiaries); or *any third party (including, if applicable, our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on Purple News.com
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use Purple News.com. By accessing or using Purple News.com, you agree to this Privacy Policy. This Policy may change and/or be updated from time to time and thus it is beneficial for you to review it on a frequent basis. Your continued use of Purple News.com after we make changes is deemed to be your acceptance of those changes.
Children Under the Age of 18
Purple News is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any information (personal or otherwise) to or on Purple News.com. We do not knowingly collect personal information from children under eighteen (18). If you are under eighteen (18), do not use or provide any information on Purple News.com or on or through any of its features, register on Purple News.com, make any purchases through Purple News.com, use any of the interactive or public comment features of Purple News.com or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under eighteen (18) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under eighteen (18), please contact us at purplenewsmedia@gmail.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of Purple News, including information:
about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Information You Provide to Us
The information we collect on or through Purple News.com may include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of Purple News.com, or transmitted to other Users of Purple News.com or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we may, from time to time, limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other Users of Purple News with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Furthermore, Purple News allows Users to create Secret Boards that are visible to you and other participants in the board, and any participant may choose to make the contents of the board available to anyone else. Purple News cannot and does not guarantee that content, images, personal information, or anything else placed on a Secret Board will be securely hidden or unavailable on public areas of the Website.
Usage Details, IP Addresses And Cookies and Other Technologies
As you navigate through and interact with Purple News.com, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
Details of your visits to Purple News.com, including traffic data, location data, logs and other communication data and the resources that you access and use on Purple News.com.
The information we collect automatically is statistical data, and is not used to identify any individual. It helps us to improve Purple News and to deliver a better and more personalized service by enabling us to:
The technologies we use for this automatic data collection may include:
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Third-party Advertiser Use of Cookies and Other Tracking Technologies
Some advertisements on Purple News.com are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our Users. This may include information about Users’ behavior on this and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information: *To present Purple News.com and its contents to you. *To provide you with information, products or services that you request from us. *To fulfill any other purpose for which you provide it. *To provide you with notices about your account including expiration and renewal notices and any other notifications we deem necessary to keep Purple News.com operating at optimal levels. *To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. *To notify you about changes to Purple News.com or any products or services we currently, or will subsequently, offer or provide through it. *To allow you to participate in interactive features on Purple News.com. *In any other way we may describe when you provide the information. *For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your User preferences in your account profile.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
For any other purpose disclosed by us when you provide the information. *With your consent.
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
The fact that we may link to a website or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not control third parties’ collection or use of your information and these third parties may place their own cookies or other files on your computer and collect data or solicit personal information and non-identifying information from you. As such, Purple News recommends that you read the privacy policies or statements of the other websites you visit before providing any information or using such websites or services. Additionally, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into Purple News.com and visiting your account profile page.
You may also send us an e-mail at webmaster@Purple News.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Purple News Users. Proper access and use of information provided on Purple News.com, including User Contributions, is governed by our Terms of Use below.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of Purple News.com, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Furthermore, we urge you to be careful about giving out information in public areas of Purple News. The information you share in public areas may be viewed by any User of the Purple News.com.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to Purple News.com. Personal information includes, but is not limited to, your email address, name, birth date, any images which may be designated by you as private or any or images or personal information which you place upon any Secret Board or other non-public area of the Website. Purple News Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on Purple News.com.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our Users’ personal information, we will notify you by e-mail to the e-mail address specified in your account or through a notice on Purple News’s homepage. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting Purple News.com and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: purplenewsmedia@gmail.com.
Terms of Use
TERMS OF SERVICE
Last Modified: May 24, 2020
Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively these “Terms of Service”), govern your access to and use of Purple News.com, including any content, functionality and services offered on or through Purple News.com (the “Website” or “Purple News”), whether as a guest or a registered user.
Please read this Terms of Service carefully before you start using the Website. By using the Website you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, whether or not you are a registered user of the Website. These Terms of Service apply to all visitors, registered users, and anyone else who accesses the Website. If you do not want to agree to these Terms of Service, or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who can form a legally binding contract with Purple News, and only in compliance with these terms and all applicable local, state, national, and international laws, rules and regulations. Users of the Website must be eighteen (18) years of age or older and any use or access of the Website by anyone under the age of eighteen (18) is strictly prohibited. By using this Website, you represent and warrant that you are of legal age to form a legally binding contract with Purple News and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update these Terms of Service periodically in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use fo the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Service means that you accept and agree to the changes made. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing Purple News and Account Security
We reserve the right to withdraw or amend Purple News, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We may, periodically, restrict access to some or all parts of the Website to users, registered users, guests, or any other individual accessing Purple News.
Your are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
To access Purple News or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with Purple News or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You are solely responsible for the activity that occurs on your account and you agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You understand that by using Purple News and any of its resources and/or services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Purple News cannot guarantee that unauthorized third parties will not be able to usurp our security measures and thus you acknowledge that your provide your information at your own risk.
Please be aware that you are solely responsible for any interactions you have with other users of Purple News. We reserve the right, but are not required, to monitor disputes between you and other users. Purple News shall have no liability for any interactions between you and any other user of the Website and/or its services. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by Purple News, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Intellectual Property Rights in these Terms of Service, shall mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, sell, license, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not: *Modify copies of any materials from this Website. *Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompany text. *Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by Purple News. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and/or other laws.
Trademarks
The Website name, the terms “Cooler Heads Prevail” the Website logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Purple News. All other names, logos, product and service names, designs and slogans on Purple News are the trademarks of their respective owners.
Prohibited Uses
You may use Purple News for only lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: *In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). *For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. *To send, knowingly receive, upload, download, use or re-use any material which does not comply with this Terms of Service. *To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. *To impersonate or attempt to impersonate any aspect of Purple News, a Purple News employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). *To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Purple News or users of the Website or expose them to liability.
Additionally, you agree not to:
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and any other interactive features available on the Website (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards of this Terms of Services as hereinafter defined.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and any of our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, sell, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and any of our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You further represent and warrant that all of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Purple News, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to
Without limited the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HAMRLESS Purple News AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTATIONG BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding no liability or responsibility to anyone for performance of nonperformance of the activities described in this section.
Content Standards
These content standards (“Content Standards”) apply to any and all User Contributions and use of any and all Website services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
You further agree not to engage in any of the following prohibited activities: *Access, interfere with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; or *Attempt to probe, scan, or test the vulnerability of any Purple News system or network or breach any security or authentication measures.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Purple News to terminate the user accounts of repeat copyright infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the information presented on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by your or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including, but not limited to, materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all other content, other than the content provided by Purple News, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Purple News and we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to Purple News
All information we collect on Purple News is subject to our Privacy Policy. By using the Website, you consent to all actions taken by use with respect to your information in compliance with the Privacy Policy.
Linking to Purple News and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Purple News may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links From Purple News
If Purple News contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may rise from your use of them. If you decide to access any of the third party websites linked to Purple News, you do so entirely at your own risk and subject to the terms and conditions of use for sub websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Purple News NOR ANY PERSON ASSOCIATED WITH Purple News MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Purple News NOR ANYONE ASSOCIATED WITH Purple News REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Purple News HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL Purple News, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Purple News, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule, whether of the State of New Jersey or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey [in each case located in the City of Newark and County of Essex although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Purple News of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Purple News to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and Privacy Policy and Copyright Policy, constitute the sole and entire agreement between you and Purple News with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.