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Terms and Conditions

 

 

By signing up for a PURL CC Account provided by Scarlett Vision Media Inc. (as defined in Section 1) or by using any PURL CC Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “PURL CC” means the applicable PURL CC Contracting Party.

The services offered by Scarlett Vision Media hereby referred to as "PURL CC" under the Terms of Service include various products and services to help you sell goods and services to buyers online. Any such services offered by PURL CC are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.purlcc.com/terms. PURL CC reserves the right to update and change the Terms of Service by posting updates and changes to the PURL CC website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, before becoming a customer. By signing your contract you agree to abide by these terms and conditions as well as the terms and conditions in the contract.

 

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using PURL CC or any PURL CC services, you are agreeing to these terms. Be sure to occasionally check back for updates.

 

 

1. Account Terms

  1. To access and use the PURL CC services, you must have a signed contract on file and have approved the design of your project. At which time you will be provided access to your PURL CC account. PURL CC may cancel an existing Account, for any reason, at our sole discretion.
  2. You confirm that you are receiving Services provided by PURL CC to carry on a business activity and not to try and copy the features of PURL CC. Copying, reproducing, or using any other "customizer" features in the same way as PURL CC will warrant prosecution to the fullest extent permitted by applicable law.
  3. You are responsible for keeping your password secure. PURL CC cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  4. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, svg files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  5. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of PURL CC may result in an immediate termination of your Services.
  6. Terminating services for any reason by either party doesn't forfeit your obligation to fulfill the minimum committed term of your contract (24 or 36 months). You will be invoiced for all remaining payments due upon account termination.
  7. PURL CC is not liable for incorrectly configured products, SVG files, product options, product attributes, fonts, logos, etc. Using our service, it is understood that incorrectly configured products, SVG files, product options, product attributes, fonts, logos, etc., will prevent the website from working as desired. It is understood that this doesn't mean the website is broken. It means something is wrong with your files or PURL CC admin configuration. 

 

WHICH MEANS

You are responsible for your Account and any materials you upload to the PURL CC Service. If the site doesn’t work, you did something wrong. Remember, if you violate these terms, we may cancel your service. If your service is canceled for any reason by your choosing or ours, you are still obligated to fulfill the financial obligation agreed to in your contract.

If we need to reach you, we will send you an email.

 

 

 

 

2. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, before you may become a PURL CC User.

  1. Technical support in respect of the Services is only provided to PURL CC Customers.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of California. 
  3. You acknowledge and agree that PURL CC may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on PURL CC’s website, available at https://www.PURL CC.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to PURL CC’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the PURL CC Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or intellectual property that makes the service work.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PURL CC or PURL CC trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to"> PURL CC Support.
  8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  9. You acknowledge and agree that your use of the Services, including information transmitted to or stored by PURL CC, is governed by its privacy policy at https://www.PURL CC.com/privacy
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and PURL CC’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.PURL CC.com/terms will prevail.
  11. All the terms and provisions of the Terms of Service shall be binding upon and insure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. PURL CC shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without PURL CC’s prior written consent, to be given or withheld in PURL CC’s sole discretion.
  12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

 

 
WHICH MEANS

The PURL CC service belongs to us. You are not allowed to rip it off, attempt to clone it, or use it for any other purpose. Doing so will warrant prosecution to the fullest extent allowed by law.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

 

 

 

 

3. PURL CC Contracting Party

If the billing address of your Store is located in the United States, this Section 3(1) applies to you:

  1. “PURL CC Contracting Party” means Scarlett Vision Media Inc., a United States corporation, with offices located at 17705 Hale Avenue Suite F-3, Morgan Hill, California 95037
  2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of  California with respect to any dispute or claim arising out of or in connection with the Terms of Service.

 

WHICH MEANS

If a dispute arises you may bring an action, depending on your location, in California (United States).

 

 

4. PURL CC Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
  4. Verbal or written unprofessionalism of any kind (including threats, of abuse or retribution, insults, or unprofessionalism) of any PURL CC customer, PURL CC employee, member, or officer will result in immediate Account termination.
  5. PURL CC does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that PURL CC employees and contractors may also be PURL CC customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
  8. PURL CC retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, PURL CC reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
 
WHICH MEANS

We can modify, cancel or refuse the service at any time.

In the event of an ownership dispute over a PURL CC account, we can freeze the account or transfer it to the rightful owner, as determined by us.

 

 

5. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. PURL CC’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
 
WHICH MEANS

Both you and PURL CC agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

 

 

6. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, PURL CC 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 resulting from the use of or inability to use the Service.
  2. To the extent permitted by applicable laws, in no event shall PURL CC or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PURL CC partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. PURL CC does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. PURL CC does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. PURL CC does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
 
WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

 

 

7. Waiver and Complete Agreement

The failure of PURL CC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and PURL CC and govern your use of the Services and your Account, superseding any prior agreements between you and PURL CC (including, but not limited to, any prior versions of the Terms of Service).

 
WHICH MEANS

If PURL CC chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and PURL CC don’t apply if they conflict with these terms.

 

 

 

8. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the PURL CC Service. All Materials you upload remain yours. You can remove your PURL CC Store at any time by notifying that you wish to terminate your account.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow PURL CC to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that PURL CC can, at any time, review and delete all the Materials submitted to its Service, although PURL CC is not obligated to do so.
  3. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  4. PURL CC shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

 

WHICH MEANS

Anything you upload remains yours and is your responsibility.

 

9. Payment of Fees

  1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to your service and or additional support hours. Together, the Subscription Fees, and Support Fees are referred to as the “Fees”.
  2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. PURL CC will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and PURL CC will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. Failure to have a current billing card on file may result in a termination of your account for lack of timely payment. 
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Support Fees and Additional Fees will be charged from time to time at PURL CC’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Fees.
  4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 20 days following the date of suspension, PURL CC reserves the right to terminate your Account.
  5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  6. PURL CC does not provide refunds.
 
WHICH MEANS

A valid credit card is required for all Accounts, if you don't have one on file you risk having your account terminated. You will be billed for your Subscription Fees every 30 days. Any Additional Fees will be charged to your credit card. If payment of Fees is unsuccessful after three attempts, PURL CC may freeze your Store, repeated failed attempts may result in account termination. We do not provide refunds.

 

10. Cancellation and Termination

  1. You may cancel your Account and terminate the Terms of Service at any time by contacting PURL CC Support and then following the specific instructions indicated to you in PURL CC’s response.
  2. Upon termination of the Services by either party for any reason:
    1. If at the date of termination of the Service, there are any outstanding Fees owing by you (including your 24 or 36 month minimum payments), you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
    2. We reserve the right to modify or terminate the PURL CC Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
  3. Fraud: Without limiting any other remedies, PURL CC may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
 
WHICH MEANS

To initiate a termination contact Support. PURL CC will respond with specific information regarding the termination process for your account. If you cancel in the middle of your billing cycle, or before your 24 or 36 month minimum contract you’ll be invoiced for the remaining balance. 

We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.

 

 

 

11. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days’ notice from PURL CC. Such notice may be provided at any time by posting the changes to the PURL CC Site (PURL CC.com) or the administration menu of your PURL CC Store via an announcement.
  2. PURL CC reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
  3. PURL CC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
 
WHICH MEANS

We may change or discontinue the service at any time, without liability.

 

12. Third Party Services, and Experts

  1. PURL CC may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
  2. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that PURL CC has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on PURL CC’s websites, including the recommendation, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with PURL CC. PURL CC does not guarantee the availability of Third Party Services and you acknowledge that PURL CC may disable access to any Third Party Services at any time in its sole discretion and without notice to you. PURL CC is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. PURL CC strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
  3. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. PURL CC is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  4. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
  5. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and PURL CC is not obligated to intervene in any dispute arising between you and a Third Party Provider.
  6. Under no circumstances shall PURL CC be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if PURL CC has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PURL CC partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

 

WHICH MEANS

We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the PURL CC platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

 

13. Beta Services

From time to time, PURL CC may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which PURL CC will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered PURL CC Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without PURL CC’s prior written consent. PURL CC makes no representations or warranties that the Beta Services will function. PURL CC may discontinue the Beta Services at any time in its sole discretion. PURL CC will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. PURL CC may change or not release a final or commercial version of a Beta Service in our sole discretion.

 

 

15. DMCA Notice and Takedown Procedure

PURL CC supports the protection of intellectual property and asks PURL CC merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to PURL CC’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

 

WHICH MEANS

PURL CC respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send PURL CC a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

 

 

 

16. Rights of Third Parties

Save for PURL CC and its affiliates, PURL CC Users or anyone accessing PURL CC Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

 

WHICH MEANS

Only PURL CC, PURL CC Customers and persons accessing PURL CC Services have any rights under these Terms of Service.

 

17. Privacy & Data Protection

PURL CC is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that PURL CC’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, PURL CC’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

 

 
WHICH MEANS

PURL CC’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, PURL CC’s use and collection of European personal information is further governed by our Data Processing Addendum.

 

 

PURL CC (A division of Scarlett Vision Media, Inc.)

17705 Hale Ave Suite F-3

Morgan Hill, California 95037

United States