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Terms

Last Updated: March 1, 2019

Welcome to the Purple Yak website located at www.purpleyak.co.uk (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (Purple Yak Privacy Policy) carefully because they govern your use of our Site and the professional social network (“Purple Yak Community”). To make these Terms easier to read, the Site and Purple Yak Community are collectively called the “Services.”

  1. Agreement to Terms
     

    By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
     

  2. Privacy Policy
     

    Please refer to our Privacy Policy (Purple Yak Privacy Policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
     

  3. Changes to Terms or Services
     

    We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.


    Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. For example, we may remove a feature that users don’t use very often. We will notify you of significant changes to the Services that may affect you by sending you an email or posting on the Services.
     

  4. Who May Use the Services
     

    You may use the Services only if you are 16 years or older and capable of forming a binding contract with Purple Yak and are not barred from using the Services under applicable law.
     

  5. Registration
     

    If you want to use certain features of the Services you’ll have to create an account (“Account”), which you can do through the Site. As part of the Account registration process, you may be requested to provide information about yourself in order to use the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. We may use the information you provide in addition to information about you that is publicly available on the Internet—such as posts on any third-party social networking service, such as Facebook or LinkedIn (each, an “SNS Account”), that the privacy settings on and terms governing our access to such SNS Account permit us to access—in order to auto-generate parts of your Account profile. As noted below, you can terminate your Account at any time.
     

    Certain features of the Services may permit or require you to link your Account with one or more SNS Accounts. If you do so, the Services will provide you with the functionality permitted by the settings on such SNS Account.
     

    You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorised use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
     

    Individuals who create an Account for the Services (which include you and third party Account holders) are collectively referred to as “Members” throughout these Terms
     

  6. Data Maintenance and Backup Procedures
     

    In the event of any loss or corruption of any data associated with the Services, Purple Yak will use commercially reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Purple Yak. Except for the foregoing, Purple Yak will not be responsible for any loss, destruction, alteration, unauthorised disclosure or corruption of any such data.
     

  7. Content
     

    1. Content Ownership

      Purple Yak does not claim any ownership rights in any Community Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Member Content. Subject to the foregoing, Purple Yak and its licensors (including other Members) exclusively own all right, title and interest in and to the Services and any text, graphics, images, works of authorship of any kind, and information or other materials created by or licensed to Purple Yak to be made available through the Services (“PY Content”), including all associated intellectual property rights. PY Content may include original content created by Purple Yak for Purple Yak Community, such as growth studies or public Projects. You acknowledge that the Services, PY Content and Member Content are protected by copyright, trademark, and other laws of the United Kingdom.
       

  8. General Prohibitions and Purple Yak Enforcement Rights


    You agree not to do any of the following:
     

    • Post, upload, publish, submit or transmit any Member Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
       

    • Use, display, mirror or frame the Services or any individual element within the Services, Purple Yak’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Purple Yak’s express written consent;
       

    • Access, tamper with, or use non-public areas of the Services, Purple Yak’s computer systems, or the technical delivery systems of Purple Yak’s providers;
       

    • Attempt to probe, scan or test the vulnerability of any Purple Yak system or network or breach any security or authentication measures;
       

    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Purple Yak or any of Purple Yak’s providers or any other third party (including another user) to protect the Services or Member Content;
       

    • Attempt to access or search the Services or Member Content or download Member Content from the Services 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 Purple Yak or other generally available third-party web browsers;
       

    • Send any advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation in violation of any applicable law or regulation;
       

    Although we’re not obligated to monitor access to or use of the Services or Member Content or to review or edit any Member Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Member Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Member Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
     

  9. Termination
     

    We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at hello@purpleyak.co.uk. If we terminate your access to and use of the Services due to your breach of these Terms, you will not receive a refund for any partial-term cancellation or termination.
     

  10. General Terms
     

    These Terms constitute the entire and exclusive understanding and agreement between Purple Yak and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Purple Yak and you regarding the Services and Content. You may not assign or transfer these Terms, by operation of law or otherwise, without Purple Yak's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Purple Yak may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
     

    Any notices or other communications provided by Purple Yak under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
     

    Purple Yak's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Purple Yak. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
     

  11. Contact Information
     

    If you have any questions about these Terms or the Services, please contact Purple Yak at hello@purpleyak.co.uk.