Terms of Service
Last updated on: September 1, 2022
1. Your Account
- To access and use the Services, you must register for a Purple Pachyderm account (“Account”) by providing your full legal name, the name of the organization you represent (if applicable), phone number, email address, and any other information requested by Purple Pachyderm in the signup process.
- You must be 18 years or older to use the Services.
- If you are creating an Account for an organization (e.g. a company, corporation or society), you represent and warrant that you are authorized by the organization to do so.
- Purple Pachyderm may reject your application for an Account for any reason in its sole discretion.
- You acknowledge that Purple Pachyderm will use the email address you provide as the primary method for communication with respect to your Account.
- You are responsible for keeping the password for your Account secure. Purple Pachyderm will not be liable for any loss or damage resulting from your failure to maintain the security of your Account and password.
2. Use of the Services
- You are responsible for all activity on your Account and all content that is uploaded to your Account, including text, data, graphics, photos, and links (the “Store Content”).
- You retain ownership over all Store Content, however, by making your store public you agree to allow others to view your Store Content. You are responsible for compliance of the Store Content with all applicable laws or regulations.
- You shall ensure that the Store Content does not infringe on the intellectual property rights of third parties.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and may 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.
- You shall ensure that your use of your Account and the Services complies with all applicable laws and regulations.
- You shall not use your Account or the Services to sell any product that is prohibited by law.
- You shall ensure that your use of your Account and the Services complies with all applicable laws regarding the sale of alcohol, including restrictions on the sale of alcohol to minors.
- You agree to abide by this Agreement and all applicable laws and regulations, including but not limited to Title III of the Americans with Disabilities Act (“ADA”) and New York’s state and city level Human Rights Act. You agree not to transfer, use or export the services in violation of any laws or regulations of any government or governmental agency.
- Purple Pachyderm may, but has no obligation to, remove Store Content and Accounts containing content that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
- You shall not use your Account to transmit worms, viruses, or any code of a malicious or destructive nature.
- You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of Claypool Cellar’s software or the Services without the express written permission of Purple Pachyderm.
- In the event that you choose to use the email features, you represent and warrant that you have a current relationship with each person to whom an email is to be sent and that opt-outs are provided pursuant to applicable law, rule or regulation. You are solely responsible for ensuring that the email feature(s) are utilized in a manner that complies with local, state, and federal laws, rules and regulations.
- Technical support is only provided to paying Account holders and is only available via email.
3. Intellectual Property
- You hereby grant Purple Pachyderm a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use and share all customer data that Purple Pachyderm may obtain through accessing your websites, accessing the websites of your customers, providing the Services, and accessing data from third parties regarding your customers’ use of third party applications or third party web services or other third-party content (including analytics data and any unique account identifiers) for the limited purposes of: (a) providing support services and other services to your customers; (b) improving Purple Pachyderm’s software and the Services; (c) performing analyses related to Purple Pachyderm’s Software and your customers’ use of Purple Pachyderm’s software and the Services; and (d) conducting marketing and/or advertising campaigns. The foregoing license includes the right for Purple Pachyderm to develop and publish insights regarding aggregated data but only when the data has been aggregated or de-identified so that such insights cannot reasonably be used to identify end-users or your customers.
- You hereby grant Purple Pachyderm a non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your store to promote the Services.
- You acknowledge and agree that Purple Pachyderm (or its licensors) own all right, title and interest in and to the Services, including any intellectual property rights in the Services (whether those rights are registered or not, and wherever in the world those rights may exist). Purple Pachyderm or its licensors) own all right, title and interest in and to any enhancements, modifications, design changes, software updates, and supplements related to the Services, even if paid for by you.
4. Payment Gateways
- You acknowledge and agree that your choice of payment gateways is limited to those offered by Purple Pachyderm.
- You acknowledge and agree that it is your responsibility to keep your payment gateway accounts active and to deactivate them if necessary.
5. Limitation of Liability
THE SITE AND ANY CONTENT OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS AND Purple Pachyderm EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. IN NO EVENT SHALL Purple Pachyderm OR ANY OF ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) 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 Purple Pachyderm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS SITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO Purple Pachyderm (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF Purple Pachyderm), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF Purple Pachyderm. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THIS AGREEMENT ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Purple Pachyderm’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO Purple Pachyderm IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY.
You agree to indemnify and hold harmless Purple Pachyderm and its affiliates, directors, officers, employees, contractors, and suppliers 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 your violation of any law or the rights of a third party.
- A breach or violation of the Terms of Service, as determined in the sole discretion of Purple Pachyderm, will result in an immediate termination of your Account.
- Purple Pachyderm reserves the right to terminate your Account at any time in its sole discretion.
- You may terminate your Account at any time by emailing email@example.com and then following the specific instructions provided to you by Purple Pachyderm’s.
- Upon termination of your Account by either party for any reason: (a) Purple Pachyderm will cease providing you with the Services and you will no longer be able to access your Account; (b) you will not be entitled to any refunds of any fees paid to Purple Pachyderm, pro rata or otherwise; and (c) any outstanding balance owed to Purple Pachyderm for your use of the Services through the effective date of such termination will immediately become due and payable in full.
- If at the date of termination of your Account, there are any outstanding fees payable to Purple Pachyderm, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
7. Changes to Services and Fees
- Purple Pachyderm may change the fees charged for the Services upon 30 days’ notice. Such notice may be provided at any time by posting the changes to Purple Pachyderm’s website at ClaypoolCellars.com or through the administration menu of your ClaypoolCellars store via an announcement.
- Purple Pachyderm reserves the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.
- Purple Pachyderm shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
- The Services are offered in the form of different plans each with its own features and fees (“Plans”). You may change your Plan no more than once every six months.
- You shall be solely responsible for and agree to pay, indemnify, and hold Purple Pachyderm harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on Purple Pachyderm’s net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the Services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.
8. Marketing and Promotions
- You agree to participate in Purple Pachyderm’s marketing and promotions, including, for example: (a) assisting Purple Pachyderm in drafting and issuing press releases that identify you as a user of the Services; (b) participating in reference calls with analysts and customers; and (c) participating in surveys or case studies (either written or by video) or other co-marketing activities which may be distributed via Purple Pachyderm’s webpage, social media channels, sales presentations, etc.
- You hereby agree that Purple Pachyderm may use your trademarks, brands, and logos (or if you are acting as a representative of your employer, your employer’s trademarks, brands, and logos) in connection with Purple Pachyderm’s marketing and promotions, including in Purple Pachyderm’s webpage, social media channels, sales presentations, etc.