1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This document defines the Purplecoo.co.uk Terms of Service ("TOS"). The TOS comprises the entire agreement between the individual or company registering a Purplecoo.co.uk account ("User") and Purplecoo.co.uk, ("Purplecoo.co.uk "). By registering an account at the Purplecoo.co.uk site, you agree with the terms and conditions of the TOS.
2. MODIFICATIONS TO TERMS OF SERVICE
Purplecoo.co.uk may change the terms and conditions of the TOS without prior notice nor posterior notification to User. Changes to the TOS will be signalled to the user upon login at the Purplecoo.co.uk site on a good faith principle.
3. SERVICE DESCRIPTION
Purplecoo.co.uk provides a hosted blog service. A hosted blog service is composed of two parts:
(i) Web application for online editing of blog contents.
(ii) Hosting of the webserver needed for publishing the weblog content.
The provided service allows for editing and publishing of the blog content, namely: posts, categories, photo albums, post/photo comments, blogrolls, personal profiles. Storage or bandwidth limits are applied to content, according to account levels, further described in the pricing policy.
4. MODIFICATIONS TO SERVICE
Purplecoo.co.uk may change the provided service without prior notice nor posterior notification to User. Changes to the service will be signaled to the user upon login at the Purplecoo.co.uk site on a good faith principle.
5. USER IDENTIFICATION
Purplecoo.co.uk identifies User by the provided email and password provided during registration phase. After successful login, all actions are considered to be taken by User.
5a. The guarantee of confidentiality of the email and password used to login at Purplecoo.co.uk is sole responsibility of User.
5b. In the event of loss of the password by User, Purplecoo.co.uk may send a password recovery message to the email provided during registration. The guarantee that only User may read this message is the sole responsibility of User.
7. CONTENT OWNERSHIP
7.1 LICENCE TO REPRODUCE
Content published by the User via Purplecoo.co.uk services is owned by User.
You agree to indemnify and hold Purplecoo.co.uk, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Content published by User is not pre-screened by Purplecoo.co.uk. Purplecoo.co.uk shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by User.
Purple Coo is authorised to insert advertisements into content published by its users. Advertisement could take the form of banners or text links. All advertisements will be clearly marked on its published pages.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Purplecoo.co.uk EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Purplecoo.co.uk WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Purplecoo.co.uk IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. BLOG.COM DOES NOT WARRANT THAT:
(i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Purplecoo.co.uk 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 (EVEN IF Purplecoo.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.