Terms of Service
Terms of Service
This Seller Agreement (“Agreement”) is a legal agreement between you (“you,” “your”) and Cookee Inc.
Cookee Inc., a Delaware corporation provides Purity – the online platform for art and design students to share their projects, display and sell their work, and connect with other creatives around the world located at www.purity.co. We will refer to any or all of this as the “Service.”
When you access or use the Service, you are agreeing to the following terms and conditions (“Terms”) and acknowledge that they are a binding legal agreement between you and Purity.
By accessing or using the Service on behalf of an organization, like a company, you are also agreeing to these Terms on behalf of that organization and saying that you are authorized to do that.
- When you add content to the service you are NOT giving us ownership of what you added. Likewise, we are not giving you ownership of anything belonging to Purity. You are giving us (and other Purity users) certain rights to use things you add to the Service as part of the Service and we are giving you the right to use the Service.
- Other users can save your content. Saving content shared by others is allowed and encouraged. Images and content you upload to the Service may be saved by others on the Service (but not on other sites or in other ways not related to using the Service). The only way to prevent this is not to upload content in the first place or to remove it if you’ve changed your mind about having it be available.
- Be nice. Make friends. The Service is only provided for lawful purposes and not for engaging in or promoting illegal activity. Also, don’t do things that would harm the Service or make it less enjoyable for others. If something you want to do on the Service violates the Terms or the law, don’t do it.
Who Can use Purity?
The Service is intended solely for persons who are 18 or older. If you are not 18 or older, do not use the Service. If you use or access the Service you are telling us that you are 18 or older. Purity’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Can I connect the Service to my account on a social network like Twitter, Facebook or Google?
What happens when I add something to the Service?
Your User Content is yours and User Content added by others is theirs. By adding something to the Service you are not giving Purity or anyone else ownership of that User Content.
When you put User Content on the Service, you give us (and our service providers, partners and other users) free and unlimited rights to use your User Content as part of the Service including as the Service may evolve in the future. This means we can use, including copying, modifying etc…, what you put on the Service as part running the Service worldwide and including things like enabling it or making it available on different devices and platforms. For example, this license allows us to make your images and related information available to others as part of their use of the Service. This also means that other users of the Service can use your publicly available content as part of their use of the Service. For instance, this means if you upload an image another user could like it and save it on Purity.
You are responsible for what you do on the Service.
You are responsible for your use of the Service and all of your User Content; we are not responsible or liable for any use of your User Content. Your User Content may be used by us, other users, and our partners. If you don’t have the right to submit your User Content for such use, it may subject you to liability. When you add content to the Service you are representing that you have all the necessary rights to do so and to enable others to use the content as described in these Terms.
Can I remove content I add to the Service?
Yes, you may remove your User Content from the Service at any time by specifically marking it for deletion. If you remove an image then that image and associated information relating to that image like tags, titles, and descriptions will be removed from the Service. If you choose to remove your User Content or to terminate your Account, your User Content will be removed from our systems in a commercially reasonable amount time (e.g., time enough to allow our services to update); provided however, we may retain an archived copy as required by law. In addition, in certain instances, copies of your User Content may continue to exist beyond our control. For example, to the extent that search engines or others archive pages it’s possible your content will remain available through those search engines even though it’s not available on the live version of our site (or even in any cached versions we maintain).
Should I back-up my content?
Yes. While we do not anticipate an event where a user’s information would be lost, we cannot guarantee it will never happen. Therefore, it’s your responsibility to back-up your User Content. You agree that Purity is not responsible or liable for the deletion of, or the failure to store or to transmit any User Content. Users whose accounts have been terminated by Purity as allowed in these Terms will need to contact Purity directly if they wish to obtain a copy of the User Content they added. Purity will consider such requests on a case-by-case basis and is under no obligation to grant such request or provide such information.
We do not monitor.
Purity has no obligation to monitor your access to or use of the Service or to review or edit any User Content you choose to add and we do not do so as part of our normal operations; however, Purity has the right to do these things for the purpose of operating the Service and/or to ensure your compliance with these Terms, the Purity Community Guidelines and applicable laws. Purity reserves the right, at any time and without prior notice, to remove or disable access to any content on the Service that Purity, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Service.
We want you to be careful.
Purity does not control the Content provided by users that is made available on Purity. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Purity contains text, images, videos and other information that our users have shared which may include links to other sites. If you choose to view user submitted content, or click on a link you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. If you aren’t sure if user submitted content is safe and inoffensive to you, don’t click on it. We’re not responsible for the content of other sites and we’re not responsible for the text, images, videos or links users share on the Service. Just because a user has shared a link, text, image or video does not mean it’s safe or inoffensive and the fact that the link, image or video is on the Service does not mean we have checked it, endorsed it or otherwise determined it’s ok for you to visit. You assume all risk from visiting sites linked to, reading text, viewing images or watching videos shared on the Service.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Purity, you agree to accept such risks and that Purity (and Purity’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Purity. Please use caution, common sense, and practice safe buying and selling when using Purity.
Third-Party Links, Sites, Services, and Disputes
The Service may contain links to third-party websites, advertisers, products, services, special offers, or other events or activities that are not owned or controlled by Purity.
You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Service and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Purity has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Purity will not and cannot monitor, verify, censor or edit the content of any Third Party Website.
By using the Service, you expressly relieve and hold harmless Purity from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Purity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Purity is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Purity, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Amazon Services LLC Associates Program
Purity is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Recommended products by Purity that are sold on Amazon are in accordance with the program rules and regulations: Associates Program Participation Requirements.
Prices from Amazon may fluctuate over time. Purity will not be responsible for price accuracy on recommended products featured on the Service. Purity will also not be responsible for product availability, purchasing from Amazon and subsequent shipping and distribution.
Purity is not responsible for accuracy, usefulness, safety or intellectual property rights of or relating to any products from Amazon, on Purity.
The images made available to you by Amazon.com, Inc. or its affiliates and Purity are protected by copyright and trademark laws of Canada, the United States and other countries. Before using product images for any purpose other than saving or liking them on Purity, you may need to obtain the authorization of the original owner of the materials. It is your responsibility to obtain authorizations to use product images or text that may be required; Purity cannot and will not give you this authorization.
If a product image is disclosed as a third party vendor’s exclusive intellectual property, it will be removed immediately upon request sent directly to [email protected]
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Copyrights and Trademarks: Don’t Infringe Other People’s Rights!
Purity respects copyright and trademark laws and expects its users to do the same. Purity has adopted and implemented a policy that tells copyright owners how to notify us if they believe content on the Service infringes their rights. Please see the Purity Copyright Policy for further information.
We have the right to and will terminate users’ accounts if they repeatedly infringe or are believed to be repeatedly infringing other people’s rights. We also reserve the right to require a user to change their username for any reason including infringement of someone’s rights.
Usernames containing the words Purity or Admin cannot be claimed. No account names can contain Purity or Admin unless they are official Purity accounts.
Copyright and trademark laws also protect the Service and Purity exclusively owns all rights to the Service except as expressly provided in these Terms. All trademarks, service marks, logos, slogans, taglines, trade names and any other proprietary designations of Purity used herein are trademarks or registered trademarks of Purity. You may not use or imitate a Purity slogan or tagline. For example: “Creatives of Today Designing the Future” Any other trademarks, service marks, logos, slogans, taglines, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
What Not To Do
Please take a look at the Purity Community Guidelines to understand what we consider acceptable. Violating those guidelines may be a violation of these Terms in our sole discretion. In addition to the guidelines, here’s a list of some other things most of which should be obvious to make sure people are clear about what it’s not ok to do on the Service:
- Post, submit or transmit any User Content that constitutes a direct, specific threat of violence against another or which advocates harming oneself;
- Post, submit or transmit any User Content that constitutes sexually explicit material or pornography;
- Use the Service for an unlawful purpose or for promotion of illegal activities;
- Post any artwork and objects that promote, support, or glorify hatred;
- Post any artwork and objects derived from or created using hazardous materials, recalled items, and weapons;
- Post any illegal items, items promoting illegal activity, and highly regulated items;
- Post artwork and objects derived from or created using any animal species designated as threatened or endangered;
- Publicly disparage a specific member, artwork or an object;
- Impersonate others through the Service in a manner that does or is intended to mislead, confuse or deceive others;
- Access, tamper with, or use non-public areas of the Service, Purity’s computer systems, or the technical delivery systems of Purity’s providers;
- Attempt to probe, scan, or test the vulnerability of any Purity system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Purity or any of Purity’s providers or any other third party (including another user) to protect the Service or any content on the Service;
- Attempt to access or search the Service or any content on the service or download any content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Purity or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, intentionally linking to malicious content, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission; or
- Encourage or enable any other individual to do any of the foregoing.
When it’s Over
If you violate any of these Terms, your permission to use the Service may be suspended or permanently revoked. We reserve the right to suspend, disable or terminate your Account, in our sole discretion and without prior notice to you, with or without cause. You may cancel your Account at any time.
The Service is Available “AS-IS”
Your access to and use of the Service and any content available on or through the Service is at your own risk. You understand and agree that the Service and content available on or through the Service are provided to you on an “AS-IS” and “AS-AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, PURITY EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty (i) that the Service or any content available on or through the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Purity or through the Service will create any warranty not expressly made herein.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PURITY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PURITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PURITY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGHT THE SERVICE EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PURITY AND YOU.
We may make Modifications or Changes
Purity may, at its sole discretion, choose to modify, discontinue or terminate the Service, at any time and without prior notice. Purity may also choose to modify the Terms. If we choose to modify the Terms, we will notify you, post the updated Terms, and revise the “Last Updated” date above. We encourage you to review these Terms whenever you use our Services to stay informed. Your continued use of the Service will mean you agree to be bound by the new terms. If you don’t agree then you need to stop using the Service.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Purity (i) via email (in each case to the address that you provide); or (ii) by posting on the Site or via the Service. For notices made by e-mail or posting, the date of receipt will be deemed the date on which such notice is transmitted or posted, whichever is earlier.
These Terms constitute the entire and exclusive understanding and agreement between Purity and you regarding the Service and Service Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Purity and you regarding the Service and Service Content.