PaperNiche.com Terms of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”), WHICH IS OWNED AND OPERATED BY PAPER NICHE, LLC (“Paper Niche”). By using the Site you are agreeing to comply with and be bound by the following terms of use, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with Paper Niche). The term “User” refers to a Visitor or a Member. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from the Site. PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON THE SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to the Site. This Agreement constitutes the entire and only agreement between Paper Niche and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by Paper Niche at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Membership. When you register as a Member, you will create a username and password. The username selected must be unique and acceptable to Paper Niche, and each Member may only have one username. No username may contain any store name, trade name, website domain name, or company name. Anonymous accounts are prohibited and Paper Niche may delete any such account in its sole discretion. Each Member is responsible for maintaining the confidentiality of the username and password, and is fully responsible for all activities that occur under the username and password. Paper Niche reserves the right to delete or refuse the registration of any account at any time for any or no reason or to refuse service to anyone at anytime without notice for any reason. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age
3. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You agree that you will not use any robot, spider, or other automated device to monitor or copy any content from the Site. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Paper Niche and the developers of the Site disclaim all liability related to the unauthorized copying, reproduction or other misuse of the images and products displayed.
4. Fraud. By registering as a Member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of Use of the Site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of Use have been violated, or other abuses have occurred as determined by Paper Niche in its sole discretion. If membership has been revoked, Paper Niche reserves the right to refuse application or readmission to the membership program.
5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree that you are responsible for your own use of the Site, for any posts you make, and for any consequences thereof. You agree that you will use the Site in compliance with applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Please choose carefully the information you post on the Site and that you provide to other Users. Your Paper Niche profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Paper Niche assumes no responsibility or liability for this material. If you become aware of misuse of the Site by any person, please contact Paper Niche. Prohibited content includes, but is not limited to, content that Paper Niche determines in its sole discretion:
- contains any advertising or soliciting including without limitation, advertisements, store announcements, for sale or trade, coupons, sales, consultants, and eBay postings. Links or references to other sites or stores are not permitted. We reserve the right to delete any thread or posting containing any of these mentioned prohibitions. Accounts may be deleted without warning due to this infraction;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- provides any private and confidential information such as names, telephone numbers, street addresses, credit card numbers or Social Security Numbers;
- infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
- contains any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
- interferes with the ability of others to enjoy our site.
The Site is for the personal use of Users only and may not be used in any commercial manner. You will not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services nor may you use any of the content on the Site for commercial purposes. Chain letters, pyramid schemes and the solicitation of other members to join or become members of any commercial online service or other organization are also prohibited on the Site. You also agree to be respectful of Paper Niche and its staff and other posters.
6. Editing, Deleting and Modification. Paper Niche reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
7. Indemnification. You agree to indemnify, defend and hold Paper Niche and its owners, partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
8. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
9. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PAPER NICHE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, PAPER NICHE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PAPER NICHE. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPER NICHE THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. PAPER NICHE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. Paper Niche’s maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Use of Information. Paper Niche reserves the right, and you authorize Paper Niche, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with Paper Niche’s Privacy Policy. Paper Niche reserves the right to reveal your identity (or whatever information we know about you) in the following limited circumstances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you, or (iv) the health or well-being of you or another member or visitor is threatened. Paper Niche reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Paper Niche.
12. Third-Party Services. Paper Niche allows access to or advertises third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that Paper Niche does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Paper Niche is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY PAPER NICHE, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS PAPER NICHE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANTS SITES OR ANY OTHER SITE LINKED TO PAPER NICHE’S SITE.
13. Third-Party Merchants Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. Paper Niche is not responsible for information provided by you to Merchants. Paper Niche and Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Privacy Policy. Paper Niche’s Privacy Policy, as it may change from time to time, is a part of this Agreement.
15. Payments. You represent and warrant that if you are purchasing something from Paper Niche or from Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
16. Securities Laws. The Site may include statements concerning Paper Niche’s operations, prospects, strategies, financial condition, future economic performance and demand for Paper Niche’s products or services, as well as Paper Niche’s intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond Paper Niche’s control. When used on the Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Paper Niche’s securities-related filings or documents.
17. Links to Other Web Sites. The Site contains links to other Web sites. Paper Niche is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Paper Niche. Inclusion of any linked Web site on the Site does not imply approval or endorsement of the linked Web site by Paper Niche. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
18. Posting. By displaying or publishing ("Posting") any information, data, messages, text, graphics, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on the Site, you hereby grant to Paper Niche, a non-exclusive, royalty-free, worldwide license to use, copy, modify (to the extent required for formatting purposes), publicly display, store, reproduce, transmit, and distribute such Content on and through the Site, including a right to sublicense the Content to Paper Niche Users to permit them to copy and use the Content for their private, non-commercial use. A back-up or residual copy of the Content posted by you may remain on the Paper Niche servers after you have removed the Content from the Site, and Paper Niche retains the rights to hold those copies for its records. You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Site. You agree that Paper Niche has no responsibility or liability for the deletion of, or failure to store or to transmit, any Content and other communications maintained by the Site. Paper Niche retains the right to create limits on use and storage at its sole discretion at any time with or without notice.
19. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to Paper Niche (collectively, "Submissions") shall be deemed and shall remain Paper Niche’s sole property and shall not be subject to any obligation of confidence on the part of Paper Niche. Without limiting the foregoing, Paper Niche shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions. Paper Niche is most often a passive conduit for the information Users submit. We cannot and do not review every Submission a User may make. Paper Niche does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Site or endorse any opinions expressed via the Site. You acknowledge that any reliance on material posted via the Site will be at your own risk. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of the Site if we believe you are violating any of the terms of this Agreement and to remove, edit, or relocate any Submission as we see fit, whether for legal or other reasons. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Paper Niche and its Affiliated Parties from any claim or demand, including reasonable attorneys’ fees, made or threatened by any third party due to or arising out of your use of or conduct on the Site or a breach of this Agreement, including without limitation, with respect to any claim based upon transmission of your message(s) or your violation of any rights of another.
20. Return Policy. Returns must be made within 30 days of original purchase date. Returned items must be unopened and unused. Credit for returned items will be offered the same way it was charged on the original order. There will be no refund on shipping charges with the exception of shipping errors. If you receive a damaged item we will gladly issue a credit or replace the damaged item.
21. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT FT. LAUDERDALE, FLORIDA OR THE DISTRICT OF FLORIDA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Paper Niche, LLC, in the State of Florida, USA. As such, the laws of Florida will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
22. Lapsed Accounts: In order to keep Paper Niche’s membership roster current, if a Member does not access his or her account for a period of 190 days or more, Paper Niche may, in its sole discretion, terminate such Member's account. Paper Niche will endeavor to notify a Member of Paper Niche’s intent to terminate such Member's account by notice to such Member's provided email address at least 190 days prior to deactivation. If the Member fails to respond to such email notice within 190 days after the day it is sent by Paper Niche, such Member's account will be terminated as noted above. Therefore, Paper Nice strongly recommends that all Members keep their accounts and contact data current and in use. While Paper Niche desires to prevent active accounts from being terminated prematurely, Paper Niche has no obligation to maintain accounts that appear to Paper Niche to have been abandoned. Each Member agrees that failure to access his or her account for 190 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
|