PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 2/7/2019
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Paper
Phenomenon, Inc., also known as Paper Phenomenon, located at 3008 Liana Ln, Pensacola,
Florida 32505 and our subsidiaries and affiliates, in association with the use of the Paper
Phenomenon website, which includes https://paperphenomenon.com/, (the "Site") and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Sells tutorials, videos, SVG files and how to instructions on projects designed by Paper Phenomenon projects. Copyright © 2010 All rights reserved. No part of my tutorial or video may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write the address below:
info@paperphenomenon.com
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of this TOS. Once an individual
register's for our Services, through the process of creating an account, the user shall then be
considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications and
that those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Paper
Phenomenon, Inc. At its discretion, Paper Phenomenon, Inc. may offer additional website
Services and/or products, or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Paper Phenomenon, Inc. does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or
products. You, as the end user and/or member, acknowledge, accept and agree that Paper
Phenomenon, Inc. shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such updates, changes and/or modifications, and as such, frequent
updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Paper Phenomenon, Inc. shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store
user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving Paper Phenomenon's Services under
the laws and statutes of the United States or other applicable jurisdiction.
When you register, Paper Phenomenon may collect information such as your name, e-mail
address, birth date, gender, mailing address, occupation, industry and personal interests. You can
edit your account information at any time. Once you register with Paper Phenomenon and sign in to our
Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
Paper Phenomenon, Inc. will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Paper Phenomenon, Inc. Services, or any portion thereof.
It is Paper Phenomenon, Inc.'s priority to ensure the safety and privacy of all its visitors, users
and members, especially that of children. Therefore, it is for this reason that the parents of any
child under the age of 13 that permit their child or children access to the Paper Phenomenon
website platform Services must create a "family" account, which will certify that the individual
creating the "family" account is of 18 years of age and as such, the parent or legal guardian of
any child or children registered under the "family" account. As the creator of the "family" account,
s/he is thereby granting permission for his/her child or children to access the various Services
provided, including, but not limited to, message boards, email, and/or instant messaging. It is the
parent's and/or legal guardian's responsibility to determine whether any of the Services and/or
content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by
t h e Paper Phenomenon, Inc. Online Privacy Policy (see the full Privacy Policy at
https://paperphenomenon.com/faq-2/). As a member, you herein consent to the collection and use
of the information provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Paper Phenomenon, Inc. and/or our subsidiaries
and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Paper Phenomenon, Inc. immediately
if you notice any unauthorized access or use of your account or password or any other breach of
security. Paper Phenomenon, Inc. shall not be held liable for any loss and/or damage arising from
any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are
solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Paper Phenomenon Services, and as such, we do not guarantee
the accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissions in
any content posted, and/or any loss or damage of any kind incurred as a result of the use
rights of any other party;
- f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
- g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
- h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
- i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
- j) interfering with or disrupting any Paper Phenomenon, Inc. Services, servers and/or
networks that may be connected or related to our website, including, but not limited to, the
use of any device software and/or routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
law;
- l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a "foreign terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
- m) "stalking" or with the intent to otherwise harass another individual; and/or
- n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
Paper Phenomenon, Inc. herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would otherwise be
considered offensive to other visitors, users and/or members.
Paper Phenomenon, Inc. herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for:
- a) compliance with any legal process;
- b) enforcement of the TOS;
- c) responding to any claim that therein contained content is in violation of the rights of any
third party;
- d) responding to requests for customer service; or
- e) protecting the rights, property or the personal safety of Paper Phenomenon, Inc., its
visitors, users and members, including the general public.
Paper Phenomenon, Inc. herein reserves the right to include the use of security components that
may permit digital information or material to be protected, and that such use of information and/or
material is subject to usage guidelines and regulations established by Paper Phenomenon, Inc. or
any other content providers supplying content services to Paper Phenomenon, Inc.. You are
hereby prohibited from making any attempt to override or circumvent any of the embedded usage
rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using https://paperphenomenon.com/ to send
electronic communications, which would include, but are not limited to, email, searches, instant
messages, uploading of files, photos and/or videos, you will be causing communications to be
sent through our computer network. Therefore, through your use, and thus your agreement with
this TOS, you are acknowledging that the use of this Service shall result in interstate
transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
- b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
- c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
- d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Paper Phenomenon, Inc. shall not lay claim to ownership of any content submitted by any visitor,
member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Paper Phenomenon, Inc. the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
- a) The content submitted or made available for inclusion on the publicly accessible areas of
Paper Phenomenon, Inc.'s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Paper Phenomenon, Inc.'s sites, and shall
terminate at such time when you elect to discontinue your membership.
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Paper Phenomenon, Inc.'s sites, the license provided to permit
to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Paper Phenomenon, Inc.'s sites
and shall terminate at such time when you elect to discontinue your membership.
- c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Paper Phenomenon, Inc.'s sites, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Paper Phenomenon, Inc.'s sites
are those such areas of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly available to both
users and members. However, those areas which are not open to the public, and thus available
to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Paper Phenomenon, Inc. provides an area for our users and members to contribute feedback to
our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions")
to our site, you acknowledge and agree that:
- a) your contributions do not contain any type of confidential or proprietary information;
- b) Paper Phenomenon shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
- c) Paper Phenomenon shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
- d) the contributor's Contributions shall automatically become the sole property of Paper
Phenomenon; and
- e) Paper Phenomenon is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Paper Phenomenon, Inc., our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of
Paper Phenomenon Services or your connection with these Services, your violations of the
Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to Paper Phenomenon's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Paper Phenomenon, Inc. may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by Paper
Phenomenon, Inc., nor the maximum number of email messages that may be sent and/or
received by any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space allowable that
shall be allocated on Paper Phenomenon, Inc.'s servers on the member's behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given
period of time. In addition, you also agree that Paper Phenomenon, Inc. has absolutely no
responsibility or liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You also herein
acknowledge that we reserve the right to delete or remove any account that is no longer active for
an extended period of time. Furthermore, Paper Phenomenon, Inc. shall reserve the right to
modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the
individuals with whom you communicate with the ability to save your conversations in your
account located on Paper Phenomenon, Inc.'s servers. In this manner, you will be able to access
and search your message history from any computer with internet access. You also acknowledge
that others have the option to use and save conversations with you in their own personal account
on https://paperphenomenon.com/. It is your agreement to this TOS which establishes your
consent to allow Paper Phenomenon, Inc. to store any and all communications on its servers.
MODIFICATIONS
Paper Phenomenon, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of https://paperphenomenon.com/, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a cancellation or
termination request to info@paperphenomenon.com.
As a member, you agree that Paper Phenomenon, Inc. may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
- a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
- b) by way of requests from law enforcement or any other governmental agencies;
- c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
- d) unexpected technical or security issues and/or problems;
- e) any extended periods of inactivity;
- f) any engagement by you in any fraudulent or illegal activities; and/or
- g) the nonpayment of any associated fees that may be owed by you in connection with your
https://paperphenomenon.com/ account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with https://paperphenomenon.com/ shall include any and/or all
of the following:
- a) the removal of any access to all or part of the Services offered within
https://paperphenomenon.com/;
- b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
- c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Paper Phenomenon, Inc. shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Paper Phenomenon, Inc. or any third parties may provide links to other web
Paper Phenomenon, Inc. herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate
or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Paper Phenomenon, Inc. for use in
accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF PAPER PHENOMENON, INC. SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
"AS IS" AND/OR "AS AVAILABLE" BASIS. PAPER PHENOMENON, INC. AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) PAPER PHENOMENON, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
PAPER PHENOMENON, INC. SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) PAPER PHENOMENON, INC. SERVICES OR SOFTWARE SHALL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE PAPER
PHENOMENON, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF PAPER PHENOMENON, INC. SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
- d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM PAPER PHENOMENON, INC. OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
- e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PAPER
PHENOMENON, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO
THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR SERVICE;
- b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
- d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Paper Phenomenon, Inc. (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase "Let the investor beware" is
appropriate. Paper Phenomenon, Inc.'s content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended for trading or
investing purposes. Paper Phenomenon, Inc. and our licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Paper Phenomenon, Inc. may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Paper Phenomenon, Inc.
trademarks, copyright, trade name, service marks, and other Paper Phenomenon, Inc. logos and
any brand features, and/or product and service names are trademarks and as such, are and shall
remain the property of Paper Phenomenon, Inc.. You herein agree not to display and/or use in
any manner the Paper Phenomenon, Inc. logo or marks without obtaining Paper Phenomenon,
Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Paper Phenomenon, Inc. will always respect the intellectual property of others, and we ask that all
of our users do the same. With regards to appropriate circumstances and at its sole discretion,
Paper Phenomenon, Inc. may disable and/or terminate the accounts of any user who violates our
TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a
way that would constitute copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
- c) A description of the location of the site which you allege has been infringing upon your
work;
- d) Your physical address, telephone number, and email address;
- e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
- f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner's behalf.
The Paper Phenomenon, Inc. Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Paper Phenomenon, Inc.
Attn: Copyright Agent
3008 Liana Ln
Pensacola, Florida 32505
Telephone: 8502062274
Email: paperphenomenon@gmail.com
CLOSED CAPTIONING
BE IT KNOWN, that Paper Phenomenon, Inc. complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at https://paperphenomenon.com/.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Paper Phenomenon, Inc. and shall
govern the use of our Services, superseding any prior version of this TOS between you and us
with respect to Paper Phenomenon, Inc. Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Paper Phenomenon, Inc.
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Paper Phenomenon, Inc. with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of Florida
without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and Paper
Phenomenon, Inc., shall be filed within the courts having jurisdiction within the County of
Escambia, Florida or the U.S. District Court located in said state. You and Paper Phenomenon,
Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive
any and all objections to the exercise of jurisdiction over the parties by such courts and to venue
in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Paper Phenomenon, Inc. fail to exercise or enforce any right or provision of
the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of
this TOS 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 TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Paper Phenomenon, Inc. as follows:
Mailing Address:
Paper Phenomenon, Inc.
3008 Liana Ln
Pensacola, Florida 32505
Telephone: 8502062274
Email: paperphenomenon@gmail.com