Published December 20th, 2020
Welcome to the website (the “Site”) operated by Purple Eternity Records. The Site is provided as a service to our visitors. Please review the following terms and conditions, which govern your use of the Site (the “Agreement”).
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you access or use the Site. If you do not agree to these terms, please do not use the Site.
A. Acceptance of Terms
B. About Purple Eternity Records’ Services
Purple Eternity Records is responsible for the hosting, operation and maintenance of the Site, and does also provide the download of digital audio files through the site.
C. Right to Change Site
We reserve the right at any time to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer opportunities to some or all users of the Site. You agree that we are not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.
D. Site Contents
Unless otherwise noted, the Site and all features and materials on the Site, including text, images, illustrations, designs, icons (excluding the icons and logos from third parties, which are: Bandcamp, Dailymotion, Instagram, Mixcloud, Routenote, Soundcloud, Spotify, The Prince Estate (for the sketch of the “O(+>” logo, visible on our Site’s “About Us” page, and any other Prince-related content), Tumblr, Twitter, Vimeo, and Youtube), photographs, audio files, video clips and any other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned and/or controlled by Purple Eternity Records. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed or available on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of the Site. Unless otherwise specified, the Site and the Contents are intended to promote products and services. Patents may apply to the Site.
The Content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Purple Eternity Records is not responsible for any medical or health problems that may result from you engaging in any activities described on this Site or from any information you obtain from this Site or its digital files that you download from the Site. If you ever feel discomfort or pain, you should not continue.
E. Information of digital files provided for download
All digital files downloaded on or through the Site are not subject to any applicable warranties. Purple Eternity Records disclaims all warranties of any kind, either expressed or implied, including, any implied warranties with respect to the digital files and services listed or downloaded on or through the Site, or the accuracy of any description of the digital files. Without limiting the generality of the foregoing, Purple Eternity Records hereby expressly disclaims all liability for defect or failure of the digital files, their download, and the claims that are associated with such defect or failure, that are due to non-compliance with any codes, no functional connection with our databank, faulty data storage (therefore loss and unavailability of the data), or failed data transfer.
F. Personal Information and Other Information Submitted Through the Sites
G. Use Restrictions
Each time you use a password or log-in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with Agreement. You agree that you will not under any circumstances:
- interfere or attempt to interfere with the proper functioning of the services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the services or use any software, technology, or device to scrape, spider, or crawl the services or harvest or manipulate data
H. Copyright Complaints
Purple Eternity Records respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, then please contact us via E-Mail at email@example.com, with the subject “Copyright Complaint”.
I. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to any kind of descriptions, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information.
J. Links to Other Web Sites and Services
The Site may contain links to other websites that are not under the control of Purple Eternity Records. Purple Eternity Records has no responsibility for those linked websites nor does linking constitute an endorsement of any. If you use such links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites’ visitors.
The Site and all postings and digital files are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, expressed or implied, or any guaranty or assurance the Site will be available or perform as described. You understand and agree that neither Purple Eternity Records, or any of its affiliates, partners, and service providers, are liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Site and the download of any digital file through the Site, or from this Agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special, or punitive damages.
You agree to defend, indemnify and hold Purple Eternity Records harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any provision of the Agreement.
Informal Dispute Resolution: Mindful of the high cost of legal disputes, not only in money but also in time and energy, both you and Purple Eternity Records agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by E-Mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent to firstname.lastname@example.org, with the subject “Notice of arising Dispute”. Both you and Purple Eternity Records agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.