The Walk of Shame

No One Is Safe Anymore

TERMS OF SERVICE AGREEMENT

I.  TERMS OF SERVICE:

(Effective: August 4, 2012)  The Walk of Shame site, (http://www.thewalkofshame.net) web site and any derivative web site on which these Terms of Service are posted are owned and operated by The Walk of Shame, Inc., a Illinois corporation, ("The Walk of Shame"). The Walk of Shame has adopted these Terms of Service ("Terms of Service" or "Agreement") to make you aware of the terms and conditions of your use of thewalkofshame.net web site, any derivative web sites on which these Terms of Service are posted and any Content or other products or services that are offered or provided via the aforementioned web sites (collectively, the "Web Site").  In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to "you," "your" or "User" shall include such entity or person in addition to such representative, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.  By using the Web Site, you unequivocally agree to be bound by this Agreement, whether you are a "visitor" that simply browses the Web Site without registering an account or you are a "member" that registers an account on the Web Site.  The Walk of Shame reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting such changes to this page.  You understand that you have the affirmative obligation to check these Terms of Service periodically for changes, and you hereby agree to periodically review these Terms of Service for such changes.  The continued use of the Web Site following the posting of changes to these Terms of Service will constitute your acceptance of those changes.  BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE.  IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE.  YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT.  YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO THE WALK OF SHAME OR ACCESSING THE WALK OF SHAME CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT.  YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND THE WALK OF SHAME.  

 

General Terms of Service and Restrictions on Use: Unless otherwise expressly provided herein, The Walk of Shame hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Service.  All rights not otherwise expressly granted by these Terms of Service are reserved by The Walk of Shame.  You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site.  You may not obscure or remove any proprietary rights notices contained in or on the Content. The Walk of Shame may discontinue or alter any aspect of the Web Site, modify, alter or remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at The Walk of Shame's sole discretion and without prior notice or liability.  You agree that The Walk of Shame may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site or any part thereof.  Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Service or other agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities.  You further agree that such measures shall be taken in The Walk of Shame 's sole discretion and without liability to you or any third party. 

 

The Walk of Shame Intellectual Property:  Unless otherwise specifically noted in these Terms of Service, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, The Walk of Shame (trademark,) are the property of The Walk of Shame and/or its licensors and may not be used without The Walk of Shame's prior written consent.  Trademarks and copyrighted materials owned by third parties are the property of those respective third parties.  The Web Site is the copyrighted property of The Walk of Shame, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Service.  Any unauthorized use of any Content, whether owned by The Walk of Shame or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.  You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so.   Accounts To take advantage of certain functionality and capabilities of the Web Site (e.g., to upload and/or manage Content), you may be required to register an account.  In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process (or The Walk of Shame may assign initial registration information that you will have the option to change).  You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify The Walk of Shame in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.  You also agree that you will provide truthful and accurate information during the registration process. The Walk of Shame may refuse to grant a particular username to you for any reason, including, without limitation, in the event The Walk of Shame determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.  

 

Content: You acknowledge that the Web Site contains or provides access to information, photos, video, text, graphics, music, sounds or other material provided by The Walk of Shame or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  The Content posted by users via the Web Site ("User Content") is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any.  Users who upload User Content to The Walk of Shame represent and warrant that they are the owners or authorized licensees of that User Content and legally entitled to distribute it through The Walk of Shame service.  The Walk of Shame does not claim any ownership rights in such User Content.  You are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Web Site.  By posting User Content via the Web Site, however, you hereby grant to The Walk of Shame a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.  For the avoidance of doubt, references to Content shall include User Content.  If You upload User Content for which you are not the owner or an authorized licensee, You agree that the damages The Walk of Shame suffers as a result of your material misrepresentation of ownership and potential liability to third parties would be difficult to calculate, and agree that The Walk of Shame shall be entitled to liquidated damages of $10,000 per infringing file, piece or item of User Content.  You further agree to release and The Walk of Shame harmless for all uses of User Content you submit to The Walk of Shame, and agree to indemnify The Walk of Shame for all costs and legal expenses arising from, related to or in connection with Your misrepresentations as to the ownership and/or licensing of Your User Content.  For the avoidance of doubt, references to Content shall include User Content.

 

The Walk of Shame's Privacy Policy: The Walk of Shame collects, stores and uses data collected from you in accordance with The Walk of Shame's Privacy Policy.  The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Service as though set forth in full herein.  

 

Links: The Web Site and/or Content accessed or downloaded via the Web Site may contain links to other web sites, content or resources on the Internet.  Because The Walk of Shame has no control over such websites, content or resources, you acknowledge and agree that The Walk of Shame is not responsible for the availability of such external web sites, content or resources. The Walk of Shame does not endorse and is not responsible or liable for any advertising, products, or other information or materials contained therein or for any privacy or other practices of the third parties operating such web sites, content or resources.  You further acknowledge and agree that The Walk of Shame shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such information, materials, goods or services available on or through any such web site, content or resource. The Walk of Shame strongly encourages you to review any separate terms of service and privacy policies governing use of the foregoing.  

 

Purchases: The Walk of Shame may allow users to place Orders for Content, products and/or services via the Web Site or through its third-party affiliates.  "Order" shall mean any order placed by a user for Content, products and/or services via the Web Site that is accepted by The Walk of Shame.  In the event that you are a user placing an Order, you are subject to the additional terms of this section.  Please note that in some cases, you may be directed to a third-party web site to make purchases.  In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site.  By making such purchases, you hereby agree that The Walk of Shame has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.  Upon placing an Order, you shall pay to The Walk of Shame the purchase price as set forth in the "Shopping Cart" or similar ordering mechanism. The Walk of Shame may utilize the services of certain third party payment processors to process payments of credit cards and other accepted methods of payment.  Your purchase is subject to any additional terms and conditions imposed by such third party payment processors.  The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.  Prices and availability of Content, products and/or services are subject to change without notice.  Errors will be corrected where discovered, and The Walk of Shame reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged.  In the event your payment method has been accepted and charged, The Walk of Shame will issue you the appropriate credit within a reasonable time after your Order has been revoked.  You agree to the following restrictions regarding your Order(s): (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sub license or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) decompile, reverse engineer, disassemble or otherwise reduce any object code relating to the Content to human perceivable form, (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; (e) you will not obscure or remove any proprietary rights notices contained in or on the Content; and (f) you will not export the Content in violation of applicable laws. Content is licensed and not sold.  

 

User Representations: You hereby represent and warrant to The Walk of Shame that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) you are an authorized signatory of the credit or debit card or other method of payment that you provide to The Walk of Shame or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your Orders; (c) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof or any Order(s) that you place via the Web Site; (d) you have provided and will maintain truthful, accurate and complete information to The Walk of Shame, including, without limitation, your legal name, address, email address, and any other registration information The Walk of Shame may reasonably require; (e) your access to and use of the Web Site or any part thereof and/or purchase and use of any Content, products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify The Walk of Shame in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (g) you will promptly report to The Walk of Shame any violation of these Terms of Service by any other user; (h) you will not use the Web Site in order to gain competitive intelligence about The Walk of Shame, the Web Site or any product or service offered via the Web Site or to otherwise compete with The Walk of Shame or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.  In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to The Walk of Shame: (1) you are owner of such User Content or otherwise have the right to grant The Walk of Shame the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties'; rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE WALK OF SHAME WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES.  

 

Prohibited Uses: You are solely responsible for all content or information you publish or display (hereinafter, "post") on the Web Site.  You will NOT post on the Web Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person.  You will use the Web Site in a manner consistent with any and all applicable laws, regulations, rulings and orders.  By posting information on the Web Site, you warrant and represent that the information is truthful and accurate.  You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law. The Walk of Shame does not and cannot review each message posted by users of the Web Site and The Walk of Shame is not responsible for the information, message or contents of such Content. The Walk of Shame reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm or damage to property, and (iv) private financial information such as social security numbers and credit card information.  Additionally, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer  network; (b) use of the Web Site to post or store viruses, Trojan horses or  any other malicious code or programs designed to interrupt, destroy or limit  equipment; (c) use of the Web Site to post or store any unsolicited or unauthorized  advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes  or other fraudulent schemes, or any other form of solicitation; (d) use of any  manual or automated software, devices or other processes to "crawl" or "spider" any  web pages contained in the Web Site (including, without limitation, the use of  robots, bots, spiders, scrapers or any other means to extract pricing, product,  service or other data from the Web Site); (e) use of the Web Site to gain competitive intelligence about The Walk of Shame, the Web Site or any product or service  offered via the Web Site or to otherwise compete with The Walk of Shame or its affiliates; (f) framing or otherwise simulating the appearance or functions of the Web Site or  any portion thereof; (g) harvesting or otherwise collecting any information about  other users, including, without limitation, email addresses or other contact  information of other users or (h) use of the Web Site to engage in any activity that,  as determined by The Walk of Shame, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the  spirit or intent of these Terms of Service. 

 

Disclaimer:  The Walk of Shame shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms of Service. The Walk of Shame uses reasonable efforts to maintain the Web Site, but The Walk of Shame is not responsible for any defects or failures associated with the Web Site, any part thereof, any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.  The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which The Walk of Shame may undertake from time to time, or (c) causes beyond the control of The Walk of Shame or which are not foreseeable by The Walk of Shame.  In addition, The Walk of Shame makes no guarantees as to the Content or as to web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site or any Content made available thereon, including as to the accuracy, content, or quality of any such Content, sites and information or the privacy or other practices of any such Content provider or site. The Walk of Shame does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. The Walk of Shame reserves the right, but has no obligation, to monitor, modify, alter or otherwise remove User Content after it is posted on the Web Site, including as required or permitted by law or otherwise in the sole discretion of The Walk of Shame.  Despite the fact that it has no monitoring obligations, The Walk of Shame reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Service.  Because the User Content offered via the Web Site is provided by other users, and because The Walk of Shame does not monitor or exercise control over the User Content, The Walk of Shame does not make any warranties or representations regarding any of the Content offered via the Web Site or the quality thereof. The Walk of Shame does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content.  You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall The Walk of Shame be liable under any theory for such exposure.  The Walk of Shame is not a backup service for storing User Content, and The Walk of Shame shall have no liability regarding any loss of User Content.  You are solely responsible for creating backups of any User Content you post using the Web Site.  PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WALK OF SHAME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CURRENTNESS AND NON-INFRINGEMENT.  WITHOUT LIMITATION, THE WALK OF SHAME MAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.  UNDER NO CIRCUMSTANCES WILL THE WALK OF SHAME BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WALK OF SHAME WEB SITE, OR TRANSMITTED TO OR BY ANY USERS.  ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION. 

 

Limitation of Liability:  YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WALK OF SHAME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WALK OF SHAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT OR PRODUCTS OR SERVICES.  IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WALK OF SHAME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, PURCHASING ANY CONTENT OR PURCHASING THE WALK OF SHAME'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY THE WALK OF SHAME FOR PROVIDING THE SERVICES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

 

Release; Indemnification:  You agree to release The Walk of Shame, its parents, affiliates, successors and assigns together with their respective officers, members, directors, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Web Site.  If at any time you are not happy with the Web Site or object to any material within the Site, your sole remedy is to cease using them.  You further agree to defend, indemnify and hold harmless The Walk of Shame, its parents, affiliates, successors and assigns together with their respective officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys'; fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site or any part thereof, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of The Walk of Shame or third parties by you, (e) any negligence or willful misconduct by you, (f) your use of any Content, services or products provided by The Walk of Shame, or (g) any other claim related to your performance under this Agreement. 

 

Term and Termination:  This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated.  You agree that The Walk of Shame, in its sole discretion, may terminate your use of the Web Site or any part thereof upon prior notice, and remove and discard any User Content, in the event you violate these Terms of Service.  You agree that The Walk of Shame may immediately suspend your account and your access to the Web Site or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Service or if it determines that you are a repeat infringer of another's intellectual property or other rights. The Walk of Shame may also, in its sole discretion and at any time, discontinue providing the Web Site, any part thereof, any User Content or any products advertised thereon, with or without notice.  You agree that The Walk of Shame shall not be liable to you or any third- party for any termination or suspension of your access to the Web Site or any part thereof, removal of User Content or sale of any products.  You may terminate this Agreement at any time by immediately discontinuing all access to the Web Site and by providing notice to The Walk of Shame of such discontinuance.  Termination or cancellation of this Agreement shall not affect any right or relief to which The Walk of Shame may be entitled at law or in equity.  Upon termination of this Agreement, you shall terminate all use of the Web Site and any Content provided thereby.  In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement. 

 

Governing Law and Other Miscellaneous Terms:  The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.  You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein.  You shall not make a claim against The Walk of Shame, and The Walk of Shame shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.  The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to The Walk of Shame, which would be both difficult to ascertain and which would not be compensable by damages alone.  As such, the parties agree that The Walk of Shame has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies The Walk of Shame may have for your breach of this Agreement.  The parties expressly and unequivocally agree that any claim arising from the Web Site or this Agreement (excluding claims for injunctive or other equitable relief) shall be decided by binding nonappearance-based arbitration.  The parties shall endeavor to mutually agree to use the services of an established alternative dispute resolution ("ADR") provider.  In the event the parties cannot mutually agree to an ADR provider, the services of the American Arbitration Association shall be used to resolve the claim.  The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  In the event the foregoing arbitration provision does not apply, is found inapplicable or otherwise not given full force and effect, the parties agree that the sole and exclusive jurisdiction and venue for any and all unresolved disputes related to this Agreement shall be in any trial or appellate court located in or serving Cook County, Illinois, U.S.A., and in such event the parties expressly, explicitly and unequivocally waive any and all right to a trial by jury.  If any action at law or in equity or any arbitration proceeding is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.  The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.  The controlling language of this Agreement is English. Any translations of this Agreement that may have been provided by The Walk of Shame have been provided for convenience only and shall have no binding effect.  If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such cause.  This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site, Content, and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site, Content, and products and services sold via the Web Site.  The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Web Site, through the registration process or contained in other express agreements entered into between you and The Walk of Shame. In the event of an express conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or any separate agreement entered into between you and The Walk of Shame, such additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or separate agreement shall control to the extent of such conflict.  If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision.  As so reformed or modified, the court shall fully enforce this Agreement.  The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.  The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Walk of Shame makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States.  You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws. 

 

Copyright and Copyright Notices: The Walk of Shame respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Walk of Shame 's Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  Please contact The Walk of Shame 's Agent for Notice of Claims of copyright infringement at: info@thewalkofshame.net.  Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice. 

 

Counter-Notice: If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to The Walk of Shame Agent: your physical or electronic signature; identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.  If The Walk of Shame Agent receives a counter-notice, The Walk of Shame may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Walk of Shame's sole discretion. 

 

 

II.  Privacy Policy:

 

(Effective: August 4, 2012).  This Privacy Policy governs the manner in which The Walk of Shame, Inc., a Illinois corporation,  (“The Walk of Shame”) collects, uses, maintains and discloses information collected from users  (“you,” “your” or “User”) of its thewalkofshame.net web site and any derivative or affiliated web sites on which this Privacy Policy is posted (collectively, the “Web Site”).  The Walk of Shame reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page.  You understand that you have the affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes.  The continued use of the Web Site following the posting of changes to this Privacy Policy constitutes an acceptance of those changes.  Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in The Walk of Shame Terms of Service.  

 

Privacy: The Walk of Shame is committed to safeguarding the information you entrust to The Walk of Shame and believes that every User should know how it utilizes the information collected from Users.  Please note that the Web Site may contain links to other web sites, and the Web Site allows Users to download or otherwise access Content (including software), controlled by third parties.  The Walk of Shame is not responsible for the privacy practices of these or any other web sites or content controlled by third parties, and you access and utilize such content and web sites entirely at your own risk.  The Walk of Shame recommends that you review the privacy and other practices governing any other web sites that you choose to visit and any Content you wish to download or otherwise access. The Walk of Shame is based, and this web site is hosted, in the United States of America.  If you are from the European Union, Canada or other regions of the world with laws governing data collection and use that may differ from U.S. law and you are registering an account on the Web Site, visiting the Web Site, purchasing products or services from The Walk of Shame or the Web Site, or otherwise using the Web Site, please note that any personally identifiable information that you provide to The Walk of Shame may be transferred to or utilized by The Walk of Shame or its affiliates in the United States.  Any such personally identifiable information provided may be processed and stored in the United States by The Walk of Shame or a service provider acting on its behalf. 

 

The Information The Walk of Shame Collects:  Users browsing the Web Site without registering an account or affirmatively providing personally identifiable information to The Walk of Shame do so anonymously; however, certain non-personally identifying information is collected, as provided below.  Users may provide and The Walk of Shame may collect personally identifiable information from Users in a variety of ways.  Personally identifiable information may include, without limitation, (i) contact data (such as a User’s name, mailing and e-mail addresses); (ii) demographic data (such as a User’s zip code or age);  (iii) financial information collected to process Orders and purchases made from The Walk of Shame via the Web Site or otherwise (such as credit card, debit card or other payment information); (iv) other information requested during the account registration process; and (v) information about the individual you would like to be notified about in the  event of a posting, such as their first/last name and last known City/State of residence. The Walk of Shame does not collect social security numbers.  If you communicate with The Walk of Shame by e-mail or otherwise, post User Content to the Web Site, post messages to any forums, complete online forms, surveys or entries, provide information outside of the account registration process, or otherwise interact with or uses the features on the Web Site, any information you provide may be collected by The Walk of Shame.  The Walk of Shame may also collect information about how Users use the Web Site, for example, by tracking the number of unique views received by the pages of the Web Site, or the domains and Internet Protocol (“IP”) addresses from which Users originate.  While not all of the information that The Walk of Shame collects from Users is personally identifiable, it may be associated with personally identifiable information that Users provide The Walk of Shame through the Web Site or otherwise.  Additionally, certain information regarding your computer systems, network locations, IP address and software may be communicated to The Walk of Shame in certain circumstances by the digital rights management systems associated with certain Content that you download or access via the Web Site in order to prevent unauthorized use or distribution of the associated Content.  Non-personally identifiable information collected by The Walk of Shame (such as patterns of utilization) is exclusively owned by The Walk of Shame and may be used as it sees fit in accordance with applicable law. 

 

Cookies:   Like most web sites, the Web Site uses cookies and web log files to track site usage.  A cookie is a tiny data file that resides on your computer that allows The Walk of Shame to recognize you as a User when you return to the Web Site using the same computer and web browser.  Like the information you enter during account registration, cookie and log file data is used to customize your experience on the Web Site.  One type of cookie, known as a  persistent” cookie, is set once you have logged in to your Web Site account.  The next time you visit our Web Site, the persistent cookie will allow us to recognize you as an existing User so you will not need to log in before using the Web Site.  In order to access or change any of your private information, you must log in with your password even if your computer contains your persistent cookie.  Additionally, if you log out of the Web Site you will need to re-enter your password the next time you visit in order to log in to your account.  Another type of cookie, called a “session” cookie, is used to identify a particular visit to the Web Site.  Session cookies expire after a short time or when you close your web browser.  You can choose to disable cookies on your browser or allow your browser to notify you when a cookie is being sent, however this may prevent you from utilizing certain features of the Web Site.  IP Addresses Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the web site from which you came and the web site to which you proceed once you leave the Web Site.  We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP).  This information is used to analyze overall trends to help us improve the Web Site.  The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this Privacy Policy. 

 

Web Beacons and Ad Networks:  We may allow other companies, called ad networks, to serve advertisements to Users via the Web Site.  Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.  The Walk of Shame may  target” some ads to Users that fit a certain general profile.  To deliver these ads properly, the Web Site may include a file, called a web beacon, from these ad networks within pages served by the Web Site or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other web sites.  These general targets may also be used by ad networks to display targeted ads on other web sites as a substitute for random, irrelevant ads.  In addition, the Web Site may use the technology of ad networks to serve ads only when you visit this Web Site.  Ad networks may use non-personal information, such as your state or zip code, in order to provide advertisements about goods and services that may be of particular interest to you while you visit this Web Site.  Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.  

 

How The Walk of Shame Uses Information: The Walk of Shame may use personally identifiable information collected through the Web Site for the specific purposes for which the information was collected, to process Orders made via the Web Site, to contact Users regarding Content, products and services offered by The Walk of Shame, and otherwise to enhance Users’ experience with The Walk of Shame.  The Walk of Shame may also use information collected through the Web Site for research regarding the effectiveness of the Web Site and the business planning, marketing, advertising and sales efforts of The Walk of Shame, its trusted affiliates, independent contractors and business partners. Information collected from you may also be used to ensure compliance with certain terms and conditions and agreements entered between you and The Walk of Shame as well as to prevent unauthorized use or disclosure of Content downloaded or otherwise accessed via the Web Site.  The Walk of Shame will communicate with you through email and notices posted on this Web Site.  These may include a series of welcome emails which help inform new Users about various features of the Web Site, emails and confirmations regarding actions taken by you on the Web Site or Orders placed by you through the Web Site, and notices relating to the proper functioning of the Web Site or your account.  The Walk of Shame may use your personal information to send you promotional information relating to the Content, products and services offered by third parties that The Walk of Shame feels may be of interest to you.  The personal information you provide will allow us to alert you to new developments, new products, features and enhancements; special offers; upgrade opportunities; and surveys, contests and events of interest.  We strive to limit use of the information you provide to those offers that we think you would appreciate receiving.  To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly.  We may send The Walk of Shame emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party. 

 

Disclosure of Information: The Walk of Shame may disclose personally identifiable information collected from Users to its parent, subsidiary and other related companies, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, as necessary to provide the services offered by the Web Site and the Web Site itself, and for the specific purposes for which the information was collected. The Walk of Shame may disclose personally identifiable information at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise The Walk of Shame’s legal or other rights, to defend against a legal claim or as otherwise allowed by law.  The Walk of Shame may disclose personally identifiable information in order to protect the rights, property or safety of a User or any other person.  The Walk of Shame may disclose personally identifiable information to investigate or prevent a violation by User of any contractual or other relationship with The Walk of Shame or where The Walk of Shame has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of The Walk of Shame, its users or the public or the perpetration of any illegal or harmful activity. The Walk of Shame may also disclose aggregate, anonymous data based on information collected from Users to Content developers, investors, advertisers and potential partners.  Finally, The Walk of Shame may disclose or transfer personally identifiable information collected from Users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business. 

 

Personal Information Provided as Part of User Content:  If a User includes such User’s personally identifiable information as part of the User Content that such User posts to the Web Site, such information may be made available to any parties using the Web Site and/or such User Content.  The Walk of Shame does not edit or otherwise remove such information from User Content before it is posted on the Web Site.  If a User does not wish to have such User’s personally identifiable information made available in this manner, such User must remove any such information from the User Content before posting.  User contact information (which may include, without limitation, a User’s username and email address) may be included with any User Content that a User posts via the Web Site.  The Walk of Shame is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manners.  

 

Security of Information:  Information about Users that is maintained on The Walk of Shame’s systems is protected using industry standard security measures.  In order to secure your personal information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Web Site.  However, no security measures are perfect or impenetrable, and The Walk of Shame cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure.  The Walk of Shame is not responsible for the circumvention of any privacy settings or security measures contained on the Web Site by any Users or third parties. 

 

Updating Personal Information; Opt-Out:  If your personally identifiable information changes, The Walk of Shame will endeavor to provide a way to correct, update and/or remove your previously provided personal data.  This can be done by emailing a request to The Walk of Shame at info@thewalkofshame.net.  When you sign up for our updates or receive e-mail messages from thewalkofshame.net, you will always be given the chance to opt-out of special offers and site updates.  You may change your preferences at any time and will only be contacted in manners consistent with your stated preferences.  All retained personally identifiable information will continue to be subject to the terms of the Privacy Policy to which you have previously agreed. 

 

Contacting The Walk of Shame:  If you have any questions or comments about this Privacy Policy, you may contact The Walk of Shame via any of the following methods:  The Walk of Shame, Inc. info@thewalkofshame.net.     

 

 

III.  POSTING POLICY:

 

All posts are User Content as defined in The Walk of Shame Terms of Service and should reflect and be limited to your personal point of view.  Because you are legally responsible for your postings, you may be subject to liability if your posts are found to be defamatory, harassing, or in violation of any applicable law.  You may also be liable if you make postings, which include any material or information (e.g., music, videos, text) that belongs to a third party and is used without permission or authorization.  You explicitly agree that you will abide by the Terms of Service, Privacy Policy, this Posting Policy and all relevant policies and procedures established by The Walk of Shame.  When posting your point of view, you should neither claim nor imply you are speaking on anyone else’s behalf, including The Walk of Shame, unless you are authorized in writing to do so.  Your postings should not include other company’s logos or trademarks, and should comply with all copyright, privacy, fair use, financial disclosure, and other applicable laws.  All of The Walk of Shame posts will automatically include a legal disclaimer stating that all posts by the author, guest author and visitors reflect personal thoughts and opinions, which are not necessarily those of the company.  The Walk of Shame may monitor, edit or remove posts containing certain subject matter if it believes that doing so will help ensure compliance with applicable laws and regulations, and The Walk of Shame reserves the right, in its sole and absolute discretion, to modify or remove any posted comment on its websites.  You agree that The Walk of Shame shall not be liable, under any circumstance, for any error, omission, loss or damage claimed or incurred due to any of your postings on the Web Site.  The Walk of Shame reserves the right to suspend, modify, or withdraw this Posting Policy, and your continued use of thewalkofshame.net website is your explicit representation that you have reviewed such modification and unequivocally agree with the requirements set forth therein. 

 

The Walk of Shame Posting Code of Ethics:  You agree, without reservation, to tell the truth and do your best to write deliberately and accurately.  You will thoroughly review your content and correct your mistakes promptly before final posting.  If commenting on a prior post, you will preserve the original post, using notations to show where you have made changes so as to maintain the integrity of the original post language.  You will refrain from posting material or links that you have not read thoroughly and carefully.  You   will strive for high quality with every post including spell checking.  You will stay on topic.  If you disagree with other opinions, please do so respectfully.  You agree to respect the privacy of others and refrain from discussing sensitive topics.  You will not post any material that is unlawful, inaccurate, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable or violates any law.  You will not post any copyrighted material (or intellectual property owned by others) unless (a) you are the owner, (b) have the express, written permission of the owner to post this material, or (c) you have a reasonable, good faith belief that the use or disclosure of any such material constitutes “fair use” or is otherwise permitted by law.  You will not post any material or links that contain viruses, Trojan horses, worms, time bombs, cancel bots or any other program routines that would damage or interfere with systems, data or information.  We welcome and encourage your participation and comments on The Walk of Shame or other social media venues.  You are fully responsible for everything that you post.  The Walk of Shame does not discriminate against any views.  Nevertheless, The Walk of Shame reserves the right to monitor user-generated content as it chooses and may modify, edit or remove content for any reason whatever, without consent and in its sole and absolute discretion.  You agree that you have read, understand and will adhere to the following policies when participating on our social media site:  1.  We will only post comments from users 18 years of age or older that relate to the topics on the pages.   2.  We reserve the right to modify, alter or remove comments that contain abusive, vulgar, offensive, threatening or harassing language, personal attacks of any kind, or offensive terms that target specific individuals or groups.  3.  We reserve the right to modify, alter or remove comments that contain personal information (your own or someone else’s), including home address, home or cell phone number, or personal email address in order to protect privacy of our users.  4.  We reserve the right to modify, alter or remove spam, comments that are clearly off-topic, that promote services or products, or involve political campaigning or lobbying.  5.  Gratuitous links to sites are viewed as spam and may result in the comment being removed.  6.  Do not post anything you do not have the right to post.  We will follow a notice and takedown procedure for complaints of copyright violation under the Digital Millennium Copyright Act.  7.  Communications made through social media posts, e-mail, and messaging systems will in no way constitute a legal or official notice or comment to The Walk of Shame or any employee of The Walk of Shame for any purpose.