Terms of Service

By using the purlem.com web site (“Service”) of NOOK Web, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

NOOK Web reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://purlem.com/terms/service

Violation of any of the terms below will result in the termination of your Account. While NOOK Web prohibits such conduct and Content on the Service, you understand and agree that NOOK Web cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. NOOK Web cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. If you are using a free account you are not permitted to block ads.
8. One person or legal entity may not maintain more than one free account.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Email Terms

1. The Service may not be used for the sending of unsolicited email (sometimes called "spam").
2. You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Service.
3. You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. Mere agreement of a person or entity to participate in a survey is not consent to receive correspondence from you. For respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the "Join My Mailing List" link in the course of responding to your survey. You hereby covenant that you shall not use any other lists in connection with your use of the Service
4. You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.
5. Every email message sent by you in connection with the Service must contain the Purlém "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
6. You will comply with the restrictions on content of email messages and activities using the Service as set forth or referenced in this Terms of Service.
7. You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Products.
8. You agree that the "from" line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service.
9. You agree that the "subject" line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
10. You agree that in any email message sent by you using the Products you will not include any incentives (e.g., coupons, discounts, awards) that encourage a recipient to forward the email message to another recipient.

API Terms

Customers may access their Purlém account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Purlém, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that NOOK Web 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 (even if NOOK Web has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Purlém via the API may result in the temporary or permanent suspension of your account's access to the API. NOOK Web, in its sole discretion, will determine abuse or excessive usage of the API. NOOK Web will make a reasonable attempt via email to warn the account owner prior to suspension.
3. NOOK Web reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
4. If you are accessing or using the Service through a third party service or web site ("Third Party Service"), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. NOOK Web retains the right to change the terms of free accounts at any time include usage restrictions, or to completely remove the free service all together.
3. An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. NOOK Web does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Account tab in dashboard at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. NOOK Web, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other NOOK Web service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. NOOK Web reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. NOOK Web reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Purlém Site (http://purlem.com) or the Service itself.
3. NOOK Web shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
3. NOOK Web does not pre-screen Content, but NOOK Web and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright©2009 NOOK Web. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from NOOK Web.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders.
3. You understand that NOOK Web uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any NOOK Web customer, employee, member, or officer will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, including your Content, 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.
7. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by NOOK Web) of other Purlém customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
10. NOOK Web does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that NOOK Web 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 (even if NOOK Web has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. The failure of NOOK Web 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 constitutes the entire agreement between you and NOOK Web and govern your use of the Service, superceding any prior agreements between you and NOOK Web (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to support at Purlem dot com.