Terms Of Use
Date of Last Revision: March 13, 2008
1. YOUR ACCEPTANCE
1.1 This Terms Of Use (''TOS'') is a contract between you (''You'') and Papervitamins LLC (''Company''). The Papervitamins service and network (collectively, “Papervitamins” or “the Service”) are operated by Company. By accessing or using this website - including all content and functionality available through the Papervitamins.com domain name, the "Papervitamins Website", "Website" or “Papervitamins” – You signify that you have read, understand and agree to be bound by these TOS as well as Company’s Privacy Policy, whether or not You are a registered member of Papervitamins.
1.2 Company reserves the right to make changes to this TOS agreement. Company shall make reasonable efforts to notify you of such changes. Posting on the Papervitamins.com site a change notice or a new agreement is considered sufficient notice. However, you agree to be bound by any superseding TOS agreements, even if you have not received notice of such a change. It is Your responsibility to periodically review the TOS to ensure compliance with the terms and conditions in effect. If changes in the TOS are not acceptable to You, Your only recourse is to terminate this agreement. Your continued use of Papervitamins after posting of a revised TOS constitutes ratification of Your acceptance of any new terms or conditions.
2. RIGHT TO ACCESS
2.1 Company reserves the right to prevent and/or prohibit access to the papervitamins.com system by anyone for any reason, consistent with applicable law. To assist in enforcing Company's rights and responsibilities, You agree to allow Company to uniquely identify any computer you use to access Papervitamins as the source of data transaction made on Papervitamins. You acknowledge that use of Papervitamins is a privilege granted under this agreement and that Your rights to free speech will not be considered abridged in the event that You are denied access to Papervitamins. If these terms and conditions are not acceptable to You, do not use Papervitamins.
3. ELEGIBILITY
3.1 Membership in Papervitamins is void were prohibited. Papervitamins is for users who are over 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent. By use of Papervitamins, You represent that you are 13 years old or older. Users that are under the age of 13 cannot use Papervitamins. Any use of Papervitamins by those under the age of 13 are in violation of the TOS.
4. GENERAL USE
4.1 By accessing or using Papervitamins, You agree to the following general usage guidelines: (a) You will not redistribute (via any medium including, but not limited to print, web, TV) without Company’s explicit written authorization; (b) You will not attempt to modify any service associated with Papervitamins; (c) You will not attempt to access Papervitamins via technology or other means other than the by the Website itself or other explicit methods authorized by Company; (d) You will not use any content associated with Papervitamins for commercial purposes without Company’s explicit written authorization except for intended purpose of promotion and distribution on the Website itself;
5. MEMBERSHIP
5.1 By requesting membership in Papervitamins (“User Membership”), You agree to (a) provide accurate, current and complete information about You (b) maintain the security of your password and identification; (c) maintain and promptly update any information You provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your membership and for any actions that take place using Your membership.
5.2 Although Company will not be liable for your losses caused by any unauthorized use of your membership in Papervitamins, You may be liable for the losses of Company or others due to such unauthorized use.
5.3 By requesting membership in Papervitamins as an Author (“Author Membership”),You agree that (a) You have written as least one published work; (b) You have already successfully completed and are currently maintaining a User Membership; (c) You are the owner or authorized user of any content sent to Papervitamins on behalf of an Author Membership (“Your Content”) throughout the world and have obtained all necessary rights, clearances, consents, releases, waivers, and authorizations in respect of Your Content; (d) There is no present or prospective claim or litigation in respect of Your Content; (e) You have cleared all rights and made all payments due to any authors, artists, organizations, publishers, collecting society, company, or contributor to Your Content that such payments are equitable in accordance with relevant legislation and that no further payments shall be payable by Company nor by Papervitamins.
5.4 By requesting membership in Papervitamins as a Publisher (“Publisher Membership”), You agree that (a) You have already successfully completed and are currently maintaining a User Membership; (b) You currently are employed by the company you are representing on Papervitamins and have been given written permission to do so, which, at any time, may be requested by Company; (c) You are the owner or authorized user of any content sent to Papervitamins on behalf of a Publisher Membership (“Your Content”) throughout the world and have obtained all necessary rights, clearances, consents, releases, waivers, and authorizations in respect of Your Content; (d) There is no present or prospective claim or litigation in respect of Your Content; (e) You have cleared all rights and made all payments due to any authors, artists, organizations, publishers, collecting society, company, or contributor to Your Content that such payments are equitable in accordance with relevant legislation and that no further payments shall be payable by Company nor by Papervitamins.
6. USER SUBMISSIONS
6.1 With a proper User Membership, You may (a) submit new books, new authors, new publishers, new awards, new awarders, new contributors, new editions, and other new entities, set forth by Papervitamins, associated with the written word ("User Submitted New Entities"); (b) submit new content of type set forth by Papervitamins (“User Submitted Entity Content”) relevant to books, authors, publishers, awards, contributors, editions and other entities set forth by Papervitamins(“Entities”); (c) submit edits and fixes and amendments to both User Submitted New Entities and Entities; (d) submit new comments, votes, opinions, and other types set forth by Papervitamins (“User Submitted Opinionated Content”) relevant to Entities and User Submitted Entity Content; (e) submit any other pieces of data, text, information, images, html, or other allowed content type (specified by Papervitamins) relevant to content set forth by Papervitamins as permissible (“User Submitted Content”). Collectively, User Submitted New Entities, User Submitted Entity Content, User Submitted Opinionated Content and User Submitted Content, constitute “User Submissions.” You agree to acknowledge that some User Submissions will not be published and. You agree that Company does not guarantee any confidentiality in regards to User Submissions.
6.2 You shall be solely responsible for your own User Submissions and the consequences associated with submitting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Papervitamins and these TOS.
6.3 By publishing, or requesting to publish, User Submissions to any part of Papervitamins, You automatically grant, represent, and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with Papervitamins or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Submissions, and to grant and authorize sublicenses of the foregoing. You acknowledge that the Company may retain archived copies of your User Submissions even if You choose to remove Your User Submissions from Papervitamins.
6.4 You agree that You will not submit material, via User Submissions, that is copyrighted, protected by trade secret, subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.
6.5 You agree to adhere to the Community Guidelines in Section 7 with respect to Your User Submissions.
6.6 Company does not endorse any User Submissions. Company disclaims any and all liability in associated with User Submissions. Company will remove particular User Submissions in violation of copyright, if properly notified that such User Submission is an infringement of intellectual property rights. Company reserves the right to remove User Submissions along with other general content associated with Papervitamins (“Content”) without prior notice.
6.7 In regards to User Submissions, You will not attempt to submit any malicious code, contaminated files, viruses, worms, Trojan horses, or other similar harmful or destructive code or program. Any attempts to do so will result in legal action.
7. COMMUNITY GUIDELINES
7.1 You will be in violation of the Community Guidelines if You submit or attempt to submit any content associated with: (a) hate speech (speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race, gender, age, ethnicity, nationality, religion, sexual orientation, gender identity, disability, language ability, moral or political views, socioeconomic class, occupation or appearance -such as height, weight, and hair color-, mental capacity and any other distinction-liability); (b) pornography or explicit content; (c) threatening behavior, invasion of privacy, stalking, harassment, or any other predatory behavior; (d) spam, intentionally misleading content, deceptive content; (e) intentionally unnecessarily violence; (e) copyrighted material; (f) other content Company may deem removable.
7.2 Any violation of the Community Guidelines can result in User Account termination.
8. COPYWRIGHT
8.1 If You are a copyright owner or an agent thereof and believe that any User Submissions or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (email legal @ papervitamins.com) with the detailed information in writing (see 17 U.S.C 512(c)(3) for further detail).
9. ACCOUNT TERMINATION
9.1 Company has the right to terminate any User Account Publisher Account, Author Account (“Any Account”) that Company deems in violation of the TOS. Company has the right to terminate Any Account that Company deems to be a repeat infringement
10. WARRANTY
10.1 YOU AGREE THAT YOUR USE OF PAPERVITAMINS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH PAPERVITAMINS AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PAPERVITAMINS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PAPERVITAMINS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIMITATION OF LIABILITY
11.1 IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PAPERVITAMINS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH PAPERVITAMINS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE PAPERVITAMINS WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11.2 Papervitamins is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Papervitamins is appropriate or available for use in other locations. Those who access or use the Papervitamins from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. INDEMNIFICATION BY YOU
12.1 You shall indemnify and hold Company, its owners, representatives, and their successors, heirs and assigns, harmless and defend Company and such parties from any claims or lawsuits (including attorneys fees, legal costs, judgments and settlements) that arise or result from the use of Papervitamins. You have full responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Company, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have encoded, copied, compressed, enabled, used, published, displayed, or transmitted any content or materials (other than materials provided by Company specifically for Your use) in connection with Papervitamins in violation of another party's rights.
13. MISCELLANEOUS
13.1 You shall indemnify and hold Company, its owners, representatives, and their successors, heirs and assigns, harmless and defend Company and such parties from any claims or lawsuits (including attorneys fees, legal costs, judgments and settlements) that arise or result from the use of Papervitamins. You have full responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Company, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have encoded, copied, compressed, enabled, used, published, displayed, or transmitted any content or materials (other than materials provided by Company specifically for Your use) in connection with Papervitamins in violation of another party's rights.
