Last Updated: These Website Terms of Service were last revised and are effective as of July 7, 2020
The following Terms and Conditions (the “Terms”) apply to all users of georginabloomberg.com (the “Website”), which is owned and/or operated by Purple Road LLC (“Purple Road,” “We,” or “Us”). The Terms (as defined above) for the Website represent a legally binding agreement between you, an individual or entity (“User,” or “You”), and Purple Road regarding Your use of the Website. Together, Users and Purple Road are each referred to herein individually as a “Party” or collectively as the “Parties”.
BEFORE USING THE WEBSITE, PLEASE READ THE FOLLOWING CAREFULLY. BY ACCESSING, BROWSING, AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND REPRESENT THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR ACCESS, BROWSING, AND/OR USE OF THE WEBSITE.
License Grant. You may use the Website as set forth in these Terms, provided that: (a) You use the Website solely for Your personal use; (b) You do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Website in any medium without Purple Road’s prior written consent; (c) You do not engage in any of the prohibited activities described in these Terms; and (d) you otherwise fully comply with these Terms.
Ownership of Materials. The Website, including the content, text, visual interfaces, audio-visual material, information, graphics, design, compilation, computer code, copyright, products, software, service marks, trademarks, trade names, trade dress, and all other elements of the Website (collectively, “Materials”), are owned and/or licensed by Purple Road. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or the Materials. Purple Road reserves all rights not expressly granted in these Terms.
Third Party Content and Advertisements. You understand that when using the Website, You may be exposed to third-party advertising, links to third-party website, and other third party content (together, the “Third-Party Content”). Such Third-Party Content may be inaccurate, offensive, indecent, or otherwise objectionable. Purple Road does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein. UNDER NO CIRCUMSTANCES WILL Purple Road BE LIABLE IN ANY WAY FOR THE THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OM ISSIONS IN ANY THIRD-PARTY CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION WITH REGARD TO ANY THIRD-PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY THIRD-PARTY CONTENT DISPLAYED OR TRANSMITTED THROUGH THE WEBSITE. Third parties may use non-personal information about Your visit to the Website to display ads for goods and services which may be of interest to You.
Prohibited Uses. As a condition of your use of the Website, You hereby represent and warrant that You will not use the Website for any purpose that is unlawful or prohibited by these Terms. Any use by You of any of the Materials and Website other than for Your personal use is strictly prohibited. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website. You agree not to utilize framing techniques to enclose any trademark, logo, or other Materials without Our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing Georgina Bloomberg’s name or trademarks without Purple Road’s express prior written consent. You agree not to use any Purple Road or Georgina Bloomberg logos, graphics, or trademarks as part of the link without Our express prior written consent. You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
DISCLAIMERS AND LIMITATIONS OF LIABILITY. PURPLE ROAD DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THIRD-PARTY CONTENT, AND MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GEORGINA BLOOMBERG, PURPLE ROAD, OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE. IN NO EVENT SHALL PURPLE ROAD OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100).
LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON, OR DISCLAIMERS OF, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS, DISCLAIMERS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS, DISCLAIMERS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Copyright. If you are a copyright owner or an agent thereof, and believe that any Materials or other Third-Party Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Website and that is to be removed or access to which is to be disabled, including information reasonable sufficient to allow use to located such material on the Website (such as a link or URL);
(iv) Information reasonably sufficient to permit Purple Road to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that you as the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Purple Road’s designated Copyright Agent to receive notifications of claimed infringement is:
c/o Geller Advisors
909 Third Avenue, 15th Floor,
New York, NY 10022
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR INFRINGEMENT NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
If We receive proper notification of claimed copyright infringement, We will respond by removing, or disabling access to, the material that is claimed to be infringing.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Website shall be filed only in the state or federal courts in and for the County of New York and State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.