1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at
www.paperplayne.com (the “Site”) or any services provided in connection with the Site
PaperPlayne (“Company”) from time to time in its sole discretion. Company will post a notice
of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the
Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS
OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
3. USE OF SOFTWARE. Company may make certain photographs, illustrations, video, and other
media content (the “Content”) available to you from the Site. If you download content from the
Site are deemed to be licenses to you by Company, for your personal, noncommercial, home use
only. Company does not transfer either the title or the intellectual property rights to the Content,
and Company retains full and complete title to the Content as well as all intellectual property
rights therein. You may not sell, redistribute, or reproduce the Content, nor may you decompile,
reverse-engineer, disassemble or otherwise alter the Content. All trademarks and logos are
owned by Company or its licensors and you may not copy or use them in any manner.
4. LICENSE AND RESTRICTIONS
4.1 LICENSE. Company, subject to the terms and conditions contained herein, and provided that you
have paid all applicable Fees to Company, grants you a perpetual, non-exclusive, non-transferable
worldwide license to use the Content subject to Article 4.2 to use the Content for personal use.
4.2 RESTRICTIONS. Ownership of the legal rights to the Content shall remain solely with the
Company. These rights may include Intellectual Property Rights, international treaty and other
rights as applicable. You may not (i) to a third party, transfer rights or usage to, sublicense, rent,
lease, offer as a service over the Internet or other network or otherwise distribute the Content
except as provided herein; (ii) modify, loan, decompile, reverse engineer or disassemble or
otherwise distribute the Content, except as provided herein and/or permitted by applicable law;
(iii) remove or alter any Intellectual Property notice in the Content
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the
Service, you agree to obey the law and to respect the intellectual property rights of others.
Your use of the Service and the Site is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You agree not to upload, download,
display, perform, transmit, or otherwise distribute any information in violation of any third party’s
copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide
by laws regarding copyright ownership and use of intellectual property, and you shall be solely
responsible for any violations of any relevant laws and for any infringements of third party rights
caused by any information you provide or transmit. The burden of proving that any information
does not violate any laws or third party rights rests solely with you.
6. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Site or with the Service. Company has
adopted a policy that provides for the immediate suspension and/or termination of any Site or
Service user who is found to have infringed on the rights of Company or of a third party, or
otherwise violated any intellectual property laws or regulations. Company’s policy is to
investigate any allegations of copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights or the rights of a third party have been
violated and you want Company to delete, edit, or disable the material in question, you must
provide Company with all of the following information: (a) a physical or electronic signature of a
person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works claimed to have been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification of the material that is claimed to
be infringed or to be the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(d) information reasonably sufficient to permit Company to contact you, such as an address,
telephone number, and if available, an electronic mail address at which you may be contacted; (e)
a statement that you have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and (f) the statement that the
information in the notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification
to be effective, you must provide it to Company’s designated at firstname.lastname@example.org.
7. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/
or the Site. To ensure that Company provides a high quality experience for you and for other
users of the Site and the Service, you agree that Company or its representatives may access your
account and records on a case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized uses of the Site or the Service. Company
does not intend to disclose the existence or occurrence of such an investigation unless required
by law, but Company reserves the right to terminate your account or your access to the Site
immediately, with or without notice to you, and without liability to you, if Company believes
information, or interfered with use of the Site or the Service by others.
8. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE
SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY
AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
9. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATIERALS OR
SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the
damages arise out of breach of contract, tort, or any other legal theory or form of action.
10. AFFLICTED SITES. Company has no control over, and no liability for any third party websites or
materials. Company works with a number of partners and affiliates whose Internet sites may
be linked with the Site. Because neither Company nor the Site has control over the content
and performance of these partner and affiliate sites, Company makes no guarantees about the
accuracy, currency, content, or quality of the information provided by such sites, and Company
assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful
content that may reside on those sites. Similarly, from time to time in connection with your use
of the Site, you may have access to content items (including, but not limited to, websites) that are
owned by third parties. You acknowledge and agree that Company makes no guarantees about,
and assume no responsibility for, the accuracy, currency, content, or quality of this third party
of any and all third party content.
11. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and
the Service. You are prohibited from violating or attempting to violate any security features of
the Site or Service, including, without limitation, (a) accessing content or data not intended for
you, or logging onto a server or account that you are not authorized to access; (b) attempting to
probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network,
or to breach security or authentication measures without proper authorization; (c) interfering or
attempting to interfere with service to any user, host, or network, including without limitation,
by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail
bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without
limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or in any posting using the Service;
or (f) attempting to modify, reverse-engineer, or decompile, disassemble, or otherwise reduce
or attempt to reduce to a human-perceivable form any of the source code used by Company in
providing the Site or Service. Any violation of system or network security may subject you to civil
and/or criminal liability.
12. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree
to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees,
consultants, agents, and representatives from any and all third party claims, losses, liability,
damages, and/or costs (including reasonable attorney fees and costs) arising from your access to
any other user of your account, of any intellectual property or other right of any person or entity.
Company will notify you promptly of any such claim, loss, liability, or demand, and will provide
you with reasonable assistance, at your expense, in defending any such claim, loss, liability,
damage, or cost.
13. COPYRIGHT. All contents of Site or Service are: Copyright © 2010 PaperPlayne. All rights
laws of the United States and the State of California, without reference to their rules regarding
conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or
federal courts in County of Orange, California, USA in all disputes arising out of or related to the
use of the Site or Service.
15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term
unaffected and in full force and effect. No waiver of any breach of any provision of these Terms
of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use
any of the trademarks, service marks, or logos owned by Company or by any third party.
17. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the
State of California. Company makes no representation that any of the materials or the services to
which you have been given access are available or appropriate for use in other locations. Your use
of or access to the Site should not be construed as Company’s purposefully availing itself of the
benefits or privilege of doing business in any state or jurisdiction other than California.
18. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these
online policies posted on the Site periodically to be aware of any revisions. You agree that, by
continuing to use or access the Site following notice of any revision, you shall abide by any such
19. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE