The purpose of this Agreement is to
describe the terms and conditions for
use of the Purple Cow websites. In order
to better serve the public, this
Agreement may be amended at any time by
posting the change(s) on the primary
Purple Cow ProductionZ
website. The changes shall be
automatically effective 30 days after
said posting.
Purple Cow ProductionZ LLC ("WE" or "US"
or ”OUR”) grants full and complete
access to, and the subsequent use
of, the Purple Cow websites, its
products and services, and any
additional future additions ("PURPLE
COW"). By such access and use of the
PURPLE COW, user accepts and agrees to
be bound by the following Terms of
Service (“TERMS”).
OWNERSHIP: WE, along with suppliers,
advertisers, sponsors, shippers, hosts,
website resourcers, and the marketing
partners ("ALLIANCE") have placed on the
PURPLE COW certain trademarks, logos,
and service marks ("MARKS") that are
owned by US and/or by the ALLIANCE as
well as by other entities. Use of and
access to the PURPLE COW does not grant
any license or right to use any of those
MARKS. User will not copy, reproduce,
republish, upload, post, transmit,
distribute, sell, give away, share,
transfer, or modify any of the content,
data, information, or materials found on
the PURPLE COW and will
not in
any way hotlink to, or cause to be
hotlinked to, download or retrieve any
text, graphics, audio/video, or other
types of content in any way from the
PURPLE COW.
ACCESS: User will not use any device,
software, script, or other component
that interferes or attempts to interfere
with the normal operation of the PURPLE
COW or take any action that imposes an
unreasonable load on the servers,
communications equipment, Internet
interface, or any other hardware,
software, or support systems that
create, store, deliver, and support the
contents of the PURPLE COW (NETWORK).
No user may access and/or use the
NETWORK or the PURPLE COW to post or
transmit unlawful, libelous, defamatory,
obscene, threatening, indecent,
inflammatory, pornographic or profane
material or other material that could
constitute or encourage conduct that
could be considered a criminal offense,
give rise to civil liability, or
otherwise violate any law; or for any
other purpose that is unlawful or
prohibited by these TERMS. At any time,
and without any advance notice or
liability, WE may terminate or restrict
any user’s access to any or all
components of the PURPLE COW. We will
use reasonable, customary, and
commercial means to keep the PURPLE COW
available on a 24/7/365 basis, subject
to necessary scheduled downtime for
maintenance, unscheduled maintenance,
and system outages. Access to the PURPLE
COW may not be uninterrupted or
available at all times. There is no
guarantee, either expressed or implied,
that the PURPLE COW will be totally
error-free, or that defects and errors
will be corrected, or that either the
PURPLE COW or the NETWORK are free of
viruses or other harmful components.
PRIVACY:
The use of the PURPLE COW is subject to OUR
Privacy Policy. User has read that
Policy and declares it to be reasonable
and acceptable, and the acceptance of
these TERMS is also user’s consent to
the information practices as defined in
that Policy.
EXTERNAL
LINKS:
The
PURPLE COW may contain links to other
websites and business entities (“LINKS”)
that WE do not operate or control or
condone. WE provide such LINKS for
user’s reference and convenience, but do
not endorse the contents therein as WE
are not responsible for the LINKS. Those
LINKS are not an indication of our
association with the owners or operators
of any such LINKS, and WE are not
responsible for the privacy practices,
cookie policy, or of the content of the
LINKS. User is free to access the LINKS,
but does so at his or her own risk.
PURPLE COW WARRANTY DISCLAIMER: WE and the ALLIANCE make no
warranty of any kind regarding the
PURPLE COW and/or any content, data,
information, products, materials, or
services provided on the PURPLE COW, all
of which are provided on an "as is"
basis. WE further disclaim any warranty
as to the accuracy, completeness, and
timeliness of any content or information
found on the PURPLE COW. WE and the
ALLIANCE expressly disclaim all
warranties and conditions, including
implied warranties and conditions of
merchantability, fitness for a
particular purpose, title,
non-infringement, and those arising by
statute or otherwise in law or from a
course of dealing or usage of trade.
LIMITATION OF LIABILITY: WE and the ALLIANCE will not be
responsible or liable for (a) any
damages to or viruses that may infect
computer equipment or other property
owned by user as the result of user’s
access to, use of, or browsing within
the PURPLE COW or downloading of any
content, information, materials, data,
text, images, video, audio, or any other
type of data from the PURPLE COW or (b)
any injury, loss, claim, damage, or any
type of special, exemplary, punitive,
indirect, incidental or consequential
damages of any kind (including without
limitation lost profits or lost
savings), whether based in contract,
tort, strict liability or otherwise,
that arises out of or is in any way
connected with (i) any use of our site
or content, data, materials or
information found therein, (ii) any
failure or delay (including without
limitation the use of or inability to
use any component of the PURPLE COW), or
(iii) the performance or non-performance
by US or the ALLIANCE, even if WE or the
ALLIANCE has been advised of the
possibility of damages to such parties
or any other party. This disclaimer of
liability applies to any damages or
injury caused by any failure of
performance, error, omission,
interruption, deletion, defect, delay in
operation or transmission,
communications failure, computer virus,
theft or destruction or unauthorized
access to, alteration of, or use of
record, whether for breach of contract,
tortious behavior, negligence, or under
any other cause of action. If, despite
the limitation above, WE or any member
of the ALLIANCE is found liable for any
loss or damage which arises out of or is
in any way connected with any of the
occurrences described in the limitation
above, then OUR liability and said
member of the ALLIANCE’s liability will
in no event exceed, in total, the sum of
US$100.00..
INDEMNIFICATION: User will defend and indemnify
US and the ALLIANCE and each of OUR
officers, directors, employees and
agents from and against any claim, cause
of action or demand, including without
limitation reasonable legal and
accounting fees, brought by user or on
user’s behalf in excess of the liability
described above or by third parties as a
result of user’s breach of these TERMS
or the documents made part of these
TERMS by reference, user’s violating any
law or the rights of a third party or
user using the PURPLE COW.
PLATFORM COMPATIBILITY: The PURPLE
COW endeavors to
provide the greatest compatibility
possible so that the products/services
it promotes are accessible to the
greatest number of potential users and
customers. But due to restrictions in
access, pricing, marketing,
compatibility, and especially
capability, there will be limitations on
total PLATFORM COMPATIBILITY. Any
products/services promoted by the PURPLE
COW that are not deemed to be 100%
compatible with both PC and Mac
platforms shall be duly annotated in any
materials used in their sales,
marketing, and/or support. To
review the Platform Assessment Policy
(which by virtue of its nature and
content is an official adjunct to this
TERMS)
for an in-depth explanation of the
reasoning behind which products/services
are selected by the PURPLE COW, please
click here.
COMMISSION PAYMENTS: Affiliates
using the ClickBank processing platform
will be paid according to the defined
payment policies of that organization.
For the
Affiliates using the PURPLE COW
processing platform (Fantasos®),
all Commissions earned during a
calendar month will we paid on the 15th
of the following month via the payment
method (check/PayPal) selected
by the User in the Profile of the
Affiliate account.
REFUND POLICY: WE provide products and
services that have been developed to be
totally professional and of the best
quality, which are governed by the
Purple Cow Disclaimer. Once a product is
downloaded there is no way to validate
its continued use. Once a membership
account has been activated, there is no
way to stop the use of any techniques
learned. Therefore WE do not offer
refunds under any circumstances. User
must be sure about the decision to
purchase before committing to the
transaction.
GENERAL: The headings in these TERMS are
for user’s convenience, ease of use, and
reference. These headings do not limit
or affect these TERMS. User’s acceptance
of these TERMS and the use the PURPLE
COW does not create any type of joint
venture, partnership, employment or
agency relationship with US. User may
not assign, delegate or transfer user’s
rights or obligations under these TERMS.
If WE fail to act with respect to user’s
breach or anyone else's breach on any
occasion, WE are not waiving our right
to act with respect to future or similar
breaches. If a Court finds any of these
TERMS to be unenforceable or invalid,
that TERM will be enforced to the
fullest extent permitted by applicable
law and the other TERMS will remain
valid and enforceable. These TERMS,
together with those items made a part of
these TERMS by reference, make up the
entire Agreement between US and user
relating to the use of the PURPLE COW
and replaces any prior understandings or
Agreements (whether oral or written)
regarding the use of the PURPLE COW. The
laws of the State of Florida (USA) will
govern these TERMS and conditions, as
well as user’s and OUR observance of
them. If the user takes any legal action
relating to the use of the PURPLE COW or
these TERMS, user agrees to file such
action only in the State and Federal
Courts located in Tampa, Florida (USA).
In any such action or any action that WE
may initiate, the prevailing party will
be entitled to recover all legal
expenses incurred in connection with the
action, including but not limited to
costs, both taxable and non-taxable, and
reasonable attorneys' fees. User agrees
not to bring and will not participate in
any class action against US from or
relating to the use of the PURPLE COW.
