Terms & Conditions

The following Terms of Use (henceforth 'Terms") pertain to the Service (henceforth 'Service') offered through Purple Fire Publications (henceforth 'we', 'our', or 'us') on https://purplefirepublications.ca ('the Site'). Please read the Terms of Use to ensure you understand that by using this site on behalf of any entity, organization, company, (henceforth 'organization') or for any purpose of business, you agree that your use of this site also binds your organization and in such an event, "you" also means your organization. If you or your organization does not agree to these terms, you are not authorized to use https://purplefirepublications.ca

Ownership and Intellectual property

Purple Fire Publications owns the Site, the Service, all aspects of those items, and all intellectual property rights associated with them. Users of the Site have the following license:

  • A license to use the Site that is non-transferable and non-exclusive, enabling you to view information contained on this Site, and to interact with this site.

Submitted content

You retain rights to Content you submit. By submitting any material including Content of any property (including, but not limited to, written, auditory, visual, video) to any Public area of the Site (including, but not limited to, blogs, user commenting, social media, competitions), you automatically grant, or warrant that the owner of such material has expressly granted Purple Fire Publications and the Site the worldwide, perpetual, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, and distribute such material, whether in whole or in part, and/or, to incorporate it in other works in any form, media or technology now known or hereafter developed. You retain Ownership of Content unless you give express, written consent to an Organization to use Content in any form. 

All logos and trademarks appearing on the site are the property of their respective owners. 

During the Term of this Agreement, you hereby agree that Purple Fire Publications shall have the right, but not the obligation, to include your Organization name and logo as a customer who uses the Service on the Site and in other materials promoting the Service. Your logo and name can be removed upon request. 

We require that our users respect the intellectual property of others. If you believe your intellectual property has been copied and/or provided to us in a way that constitutes infringement of intellectual property protections (for example copyright), please provide Purple Fire Publications with the following written information by e-mailing contact@purplefirepublications.ca

  • An electronic signature of the person authorized to act on behalf of the owner of the infringed intellectual property
  • An explicit description of the infringed upon work that is being claimed and where this work is located on the Site
  • Your name, address, telephone number, and e-mail address
  • A statement by you that the disputed work is not authorized for use by the intellectual property owner, its agent, or the law
  • A statement by you, under penalty of perjury, that all information included in your notice is accurate and that you are the intellectual property owner of the disputed work or are authorized to act on the intellectual property owner's behalf. 

Data OnSITE

Purple Fire Publications strives to maintain accurate and current data, but because of the methods in which data is received and derived, we cannot guarantee accuracy and completeness of the content.

Our data is supplied through recorded media and through the internet. In cases where data is received through the Internet, we cannot guarantee that the source servers or our servers will be operational 24 hours a day, 7 days a week to supply current data. Therefore, the data is provided as reference only and the Service must not employed in operational use.

Our hosting site servers may experience planned or unplanned down time and may not be available 24 hours a day, 7 days a week.

We have the right, but not the obligation, to monitor the content and usage of the Site (including discussion spaces, chat rooms and forums), to, among other things, determine compliance with these conditions of use and any operating rules established by us and to satisfy any law, regulation or authorized government request. We also have the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Use of the Site and Associated services

Downloads

Permission is granted to temporarily download one copy of the materials (information or software) on Purple Fire Publications' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;

  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on Purple Fire Publications' website;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Purple Fire Publications at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Illegal Use

Our Site and all associated Services may only be used for lawful purposes. The collection, transmission, distribution, retrieval, or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:

  • Infringes any copyright, trademark, trade secret, patent or other intellectual property right.
  • Constitutes an illegal threat made against any person or organization.
  • Violates export control laws or regulations.
  • Is obscene, pornographic, indecent, or defamatory.
  • Constitutes an attempt to defraud others.

Neither the Site nor the Service may be used in a manner which purposely alters or forges any user’s identity. Users may not engage, without limitation, in the following activities:

  • Sending any message or transmitting any electronic communication using a name or address other than user’s own for purposes of deception.
  • Impersonating someone else by altering user’s source IP address or by using forged headers or other identity information.
  • Fraudulently concealing, forging or otherwise falsifying user’s identity in connection with any use of the web site(s) or services.

Neither the Site nor the Services may be used to violate system or network security; such behavior may result in criminal or civil liability. No user may engage, without limitation, in the following activities:

  • Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
  • Engaging in any activities that may interfere with the ability of others to access or use the Site, the Services or the Internet (i.e., Denial of Service attacks).
  • Monitoring any data, information or communications on any network or system not owned by user without authorization.
  • Gaining unauthorized access to the user accounts or passwords of other users of any system.
  • Attempting to intercept, redirect or otherwise interfere with communications intended for others.
  • Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.

Neither the Site nor the Services may be used to distribute electronic mail in an improper or illegal manner. Users may not engage, without limitation, in the following activities:

  • Transmitting unsolicited mass or commercial e-mail (i.e., spamming) for any purpose.
    Enlisting a third party to transmit unsolicited mass or commercial e-mail on the user’s behalf.
  • Collecting responses from unsolicited mass or commercial e-mail, or advertising any website or the user’s identity in such e-mail.
  • Transmitting a large amount of e-mail to a recipient with the intent to disable their system (i.e., mailbombing).
  • Using another party’s electronic mail server to relay e-mail without express permission.
  • Any e-mail message containing informational or commercial content is considered unsolicited unless it is sent to a recipient who expressly requested receipt of such e-mail via an “opt-in” process. It is each user’s responsibility to prove that the recipient explicitly requested inclusion on an e-mail list by direct action, preferably with evidence of confirmation by the recipient (i.e. “double opt-in”). In the absence of positive, verifiable proof to the contrary, we will consider a complaint by an e-mail recipient to be de-facto proof that the recipient did not request the e-mail about which a complaint was generated.

Links

Purple Fire Publications has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Purple Fire Publications of the site. Use of any such linked website is at the user's own risk.

Limitations

In no event shall Purple Fire Publications or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Purple Fire Publications' website, even if Purple Fire Publications or a Purple Fire Publications authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Disclaimer

The materials on Purple Fire Publications' website are provided on an 'as is' basis. Purple Fire Publications makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Purple Fire Publications does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICE. THE SITE AND THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR SUPPLIERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL WE, OUR SUPPLIERS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER THAN THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE AND THE SERVICE.

Third Party Disclosure

We do not sell, trade, or otherwise transfer PII or account information to outside parties. This does not include website hosting partners and other parties who provide operating services for our Website, enable our ability to conduct business, or provide services to users; those parties agree to keep this information confidential. Also, this does not include business transfers via acquisition, merger, asset transfer, or bankruptcy proceeding; all of which will include confidential protection of PII by the third party. Purple Fire Publications may also release PII information when it is necessary to comply with the law, enforce our site policies, or protect the rights, property, or safety of ourselves or others. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

We utilize a third party to provide hosting for the Service. All access to the Services will be subject to the terms and conditions required by the Hosting Provider (“Hosting Provider Terms”).

We utilize a third party to provide Submission Platform software for the Service. All access to this Service will be subject to the terms and conditions required by the Submission Platform Provider found at www.jotform.com.


Third party links

At times, Purple Fire Publications may include or offer third party products or services on our Website. These third parties have separate and independent policies. We therefore have no responsibility or liability for the content and activities of these linked parties. Above all, Purple Fire Publications seeks to protect the integrity of our users and our Website and welcomes feedback about third party links. 

INDEMNIFICATION

You agree to indemnify and hold Us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site or Services and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

Submissions

In connection with User Submissions, you agree that you will not:

  • (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Us all of the license rights granted herein;
  • (b) publish falsehoods or misrepresentations that could damage Us or any third-party;
  • (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party’s rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • (d) post advertisements or solicitations of business;
  • (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates Our Acceptable Use Policy;
  • (g) or impersonate another person.

We do not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and We will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. You acknowledge that We and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. We also reserve the right to terminate a User’s access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

These Terms will be construed, and their performance enforced, under the applicable laws without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Saskatoon for local court causes of action and in the Province of Saskatchewan for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. We may assign the Terms, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

Terms & Conditions UPdates

Purple Fire Publications reserves the right to change these Terms at any time and for any reason. Users will be notified of any Terms changes on the first page of our Terms.