Paper & String, Inc. Terms of Use

Last Updated September 28, 2010

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. Paper & String, Inc’s Site (defined below) is a Site offered by Paper & String, Inc. d/b/a paperandstring.com. (collectively, “Paper & String,” “we” or “us”). This Terms of Use Agreement (the “Terms of Use” or “Agreement”) contains the terms and conditions applicable to your access and use of the web pages and Sites located at http://www.paperandstring.com (collectively, the “Paper & String Site” or “Site”), whether accessed via the internet, wirelessly or through any other method. You accept this Agreement by using the Site or accessing any content available through the Site. Paper & String may amend this Agreement at any time by posting the amended Terms of Use on the Site, and you agree that your use of the Site after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively. For your convenience, the date of last revision is included at the top of this page. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE SITE.

1. Paper & String’s Proprietary Rights and Permitted Use

The Site is the sole and exclusive property of Paper & String and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site other than as expressly authorized by Paper & String in writing. Use of the Site in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.

So long as you comply with the terms of this Agreement, you are permitted to view and use the Site solely for your own use; provided, however, that you may not duplicate, publish, modify, distribute or create derivative works from any content located on the Site unless expressly authorized by Paper & String in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site.

You hereby acknowledge and agree that, as between Paper & String and you, all right, title, and interest in and to the Site, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Paper & String.

You agree not to access the Site by any means other than through the interface that is provided by Paper & String. You further agree that you will not collect any information from or through the Site using any automated means, including without limitation any script, spider, “screen scraping,” or “database scraping” application. You will not damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of it. If Paper & String makes software available to you for download or access in any way, your download of, access to and use of such software shall be subject to a separate license agreement.

2. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PAPER & STRING, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, TRUSTEES, REPRESENTATIVES, AGENTS, SITE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT (a) YOUR USE OF THE SITE; OR (b) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.

3. Account Password and Security

The Site may contain some features that require registration. At the time you register for online account access, you will select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately to notify Paper & String of any unauthorized use of your password or account or any other breach of security. Paper & String cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4. Payment [not currently applicable]

You acknowledge and agree that Paper & String is authorized, but not required, to act on payment instructions received from you or anyone using your email address and password.  You authorize Paper & String to (a) initiate payments from or debits against your credit card and financial account(s) periodically for the amount then due; and (b) initiate any other payments or debits authorized by you or anyone using your email address and password. This authorization will remain in force until thirty (30) days after you change your payment preferences.   All payments must be made in U.S. dollars from a U.S. bank.  You acknowledge that transactions are facilitated by TBD (the “Processor”), and agree that Paper & String may share your information, including information about your financial accounts, with the Processor for this purpose.  You understand and agree that no transaction is final until you receive a confirmation from Paper & String.  Please print and save the confirmation displayed on the Site after making a purchase.

5. Links to Other Websites and Search Results

The Site may contain links to websites operated by other parties. Paper & String provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Paper & String, and Paper & String is not responsible for the content available on these third party sites. Such links do not imply Paper & String’s endorsement of information or material on any other site and Paper & String disclaims all liability with regard to your access to and use of such linked websites.

6. Links to the Site or Paper & String Content

Unless otherwise set forth in a written agreement between you and Paper & String, you must adhere to Paper & String’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Paper & String, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Paper & String, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website, and (iv) Paper & String reserves the right to revoke its consent to the link at any time and in its sole discretion.

7. Trademarks

Paper & String and related names and logos are trademarks and trade names of Paper & String. Unauthorized use of any Paper & String trademark, trade names or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of Paper & String by the respective trademark owners.

8. Endorsements and Consideration

The Site may from time to time contain reviews or what could appear to be endorsements of products and/or retailers. Retailers whose retail outlets appear on the Site of which sell products that may appear on the Site may make payments to Paper & String, that may relate to the appearance of those retail outlets or products. Retailers featured on the site, however, have been assessed by Paper & String staff or their representatives prior to their appearance on the site.

9. Modifications to Site

Paper & String reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Paper & String shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

10. Suspension and/or Termination Rights

Paper & String reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your account and/or your ability to access the Site for any or no reason, including without limitation any breach by you of this Agreement or conduct by you that Paper & String determines in its sole and absolute discretion to be inappropriate. You agree that Paper & String shall not be liable to you or any third-party for any such suspension or termination.

11. Notice of Claims for Copyright Infringement; Copyright Policy

If you are a copyright owner or agent thereof and believe that content posted on the Site by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) 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 (f) 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. Our Copyright Agent can be reached by mail at: [fill in information].

12. Privacy Policy

We believe that your privacy and the privacy of all of our users is important. Please review our Privacy Policy. If you do not agree with our Privacy Policy, you may not use the Site.

13. Wireless Access

You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the Site, and you agree that you are solely responsible for such fees.

14. Disclosure of Personal and Financial Information

Without limitation of any of the rights granted to Paper & String herein under its Privacy Policy, or under law, you acknowledge and agree that Paper & String may preserve and disclose information about you, your account and transactions made through the Site if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, good name, reputation, or personal safety of Paper & String any individual or the public.

15. Children

The Site is not directed toward children under 13 years of age nor does Paper & String knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to the Site.

16. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PAPER & STRING MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPER & STRING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NEITHER PAPER & STRING NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAPER & STRING DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF PAPER & STRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PAPER & STRING’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PAPER & STRING DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

18. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

19. Governing Law

Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

20. Force Majeure.

Paper & String shall not be liable for any delay or failure to perform resulting from causes outside the control of Paper & String, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Paper & String’ control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet site providers and web hosting providers), cancellation of any performance by the omission or action of a performer, or shortages of transportation facilities, fuel, energy, labor, or materials.

21. Miscellaneous

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Paper & String’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Paper & String’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and Paper & String with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Paper & String, and any assignment or transfer in violation of this provision shall be null and void.
Please direct any questions you may have about the Terms of Use, or any other legal matters, to the following e-mail address: info@paperandstring.com.

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