The use of PurpleLab website (the "SITE") or any of the products or services offered on the SITE (collectively, known as the "SERVICE") are subject to these Policies ("POLICY"). These POLICY may be modified at any time without notice to you by posting a revised POLICY on this page. Your use of the Site constitutes your binding acceptance of these POLICY, including any modifications that we make to the POLICY.
Some of the SERVICE may be subject to additional posted conditions. Your use of SERVICE is subject to those conditions, which are incorporated into this POLICY by reference. In the event of an inconsistency between POLICY and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our SERVICE;
- Change, suspend, or discontinue all or any part of our SERVICE;
- Refuse, move, or remove any material that you submit to the SITE for any reason;
- Refuse, move, or remove any content that is available on the SITE;
- Deactivate or delete your membership and all related information and files in your profile; and/or
- Establish general practices and limits concerning use of the SITE.
You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our SERVICE may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the SERVICE. You will not be able to opt out of receiving these messages. You also understand that our SERVICE may include advertisements.
Content on the Site
The SITE includes a combination of content that we, our partners and our members create. All materials published on the SITE, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the SITE in whole or in part except where expressly permitted to, such as the link partner programme. If you would like to request permission to use any of the content on our SITE, please contact us for permission prior to use.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the SITE ("Your Content" which includes but not limited to Profile & Profile Gallery, Posts, etc). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of:
- displaying Your Content on the SITE;
- distributing Your Content, either electronically or via other media, to members seeking to download or otherwise acquire it; and/or
- storing Your Content in a remote database accessible by members and users, for a charge.
This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
The SITE contains content that we create as well as content provided by third parties. This content includes, among other things, event news, promotions, information, etc. It also includes information about products and services offered by parties other than PurpleLab, such as information from our Partners. We do not guarantee the accuracy, the integrity, or the quality of the content on the SITE, and you may not rely on any of this content. Without limitation, we are not responsible for postings by members in the Gallery, Forum, members' Profile pages or feedback of members and/or users of the SITE.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate the POLICY or that is otherwise objectionable. Please contact us directly if you do find any content that is offensive, indecent, or objectionable or that is inaccurate so that we can assess your submission. We will endeavour to consider your feedback seriously and act accordingly.
Third-party Sites, Products, and Services
The SITE may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on the SITE of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
We may not sell, resell, or license any of the products or the services that we review, list, or advertise on the SITE, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Privacy policy
All of the information that we collect from you, such as registration information, is subject to our Privacy Policy.
Your conduct on the SITE
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your registration information. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your account at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying the SITE and SERVICE are the property of PurpleLab, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the SITE or the SERVICE. You agree not to modify the software underlying the SITE in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the SITE. Without limiting the foregoing, you agree that you will not use our SITE to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the SITE, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; - Restrict or inhibit any other user from using and enjoying any public area within the SITE;
- Collect or store personal information about other end users;
- Interfere with or disrupt the SITE, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a PurpleLab Team Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on the SITE;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
You agree to use our forums or communication facilities (the "Forum") only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to the SITE, or any combination of these options.
Unauthorized access to the SITE is a breach of POLICY and a violation of the law. You agree not to access the SITE by any means other than through the interface that is provided by PurpleLab for use in accessing the SITE. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the SITE, except those automated means that we have approved in advance and in writing.
Use of the SITE is subject to existing laws and legal process. Nothing contained in POLICY shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the SITE.
Requests to remove certain content from our sites If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us directly with a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; an address, a telephone number, and an e-mail address where PurpleLab can contact you and, if different, an e-mail address where the alleged infringing party, if not PurpleLab, can contact you.
Indemnification
You hereby agree to indemnify, defend and hold PurpleLab and all of our officers, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "PurpleLab Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any PurpleLab Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
- Your use of the SITE;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of content that you submit to the SITE;
- Your connection to the SITE;
- Your violation of POLICY; or
- Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from the SITE. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies the SITE, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
PurpleLab may elect to resolve any controversy or claim arising out of or relating to POLICY or the SITE by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Miscellaneous
PurpleLab may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the SITE or delivering them to you through e-mail. You may update your e-mail address by visiting the SERVICE where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of POLICY shall not constitute a waiver of such right or provision. 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 SITE or POLICY must be filed within one (1) month after such claim or cause of action arose or be forever barred.
The POLICY, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and PurpleLab and govern your use of the SITE, superceding any prior agreements that you may have with us.
The POLICY shall be construed in accordance with the laws of Malaysia, and the parties irrevocably consent to bring any action to enforce the POLICY before a court of competent jurisdiction in Malaysia. If any part of the POLICY is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the POLICY shall continue in effect.
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