Welcome
Welcome to Paperspecs.com. This site, currently located on the Internet at www.paperspecs.com (the “Site”), is maintained by PaperSpecs. and/or its affiliates (“we” or “us”) for your personal entertainment, information, education and communication.
Your access to and use of this Site is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. Please read the Terms of Use. If you do not agree to the Terms of Use, please do not use any services provided in connection this Site.
We may at any time revise the Terms of Use without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use.
Terms of Use
Membership
To become a member you must sign up under the “Membership” heading of the Site. The membership can be cancelled at any time.
You are eligible to become a member and to have access to this Site if you are over 18. If you register with the Site as a member, you will have access to member-only services (e.g., ordering free swatchbooks, exclusive content). When using such services, you, as well as we, shall be bound by these Terms of Use and any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
When registering as a member, you represent that you are 18 years of age or older and agree to provide truthful information about yourself as requested by any registration forms which we shall require you to complete and update the information to keep it truthful and current. If you do not provide truthful or complete information, or if we have reason to believe that information is untruthful or incomplete, then we may suspend or terminate your account.
Upon registering as a member, you will give yourself a user name and password. You are responsible for keeping your user name and password confidential and are fully responsible for all activity occurring under the use of your user name. You agree to notify us immediately if there is an unauthorized use of your user name or password.
Conduct
By using this Site and by registering as a member, you agree to the following rules. Failure to comply with these rules may lead to the cancellation of your membership and/or a denial of access to the Site. Members will eventually be able to post comments so the following rules will apply at that time:
Respect other users. You are prohibited from posting or transmitting any defamatory, inaccurate, abusive, libellous, defamatory, scandalous, inflammatory, obscene, profane, vulgar, threatening, offensive or illegal material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. You acknowledge that we do not screen user-created content before it is posted or transmitted, but we reserve the right in our sole discretion (but are not obligated) to review and edit, delete or refuse to post any material submitted for display or placed on the Site, including bulletin boards, chat rooms, discussions and/or e-mails. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates these Terms of Use, that we believe in good faith may create liability for us or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material and the identity of anyone posting material 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 these Terms of Use; (c) respond to claims that any material violates the right of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Site, its users or the public.
You may use this Site for lawful purposes only. You may not post or transmit any material that violates the rights of others, infringes a person’s intellectual property rights (such as copyrights, patents or trademarks), is otherwise unlawful or encourages unlawful activity or could give rise to civil liability. Posting or transmission of any material that violates any federal, state or local law or regulation is prohibited, and we reserve the right to notify law enforcement authorities in such event.
You may not post or send advertising or other solicitations. You may not post any unsolicited or unauthorized advertising, promotions, junk mail, spam, chain letters or any other form of solicitation. Respect the security of the Site. You agree not to access, or attempt to access, other member’s accounts, and you agree not to interfere with or disrupt the Site or any servers connected to the Site. You agree not to distribute any content that contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, interfere with or intercept any data or personal information.
Privacy
The information that you provide when you register and other information about you is subject to our privacy policy, which can be viewed at the Privacy Policy link at the bottom of every page.
Public Areas
A public area of the Site is any area where you may submit material (“Submissions”) for viewing by others or view Submissions of other users, such as message boards, forums, discussions or chat rooms (“Public Areas”). You agree to use Public Areas in accordance with these Terms of Use and any policies for the Public Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant us the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any rights that may exist in such content. You also permit any other user of the Site to access, display, view, store and reproduce the Submission for personal use.
Any communication or material that you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication that you send to the Site for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information.
Links
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location or its contents. We have not reviewed all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site or for any information, software or links found at any other World Wide Web site, Internet location or source of information, for your use of such information or for e-commerce transactions conducted at or through any linked site or location. Your linking to any other off-site pages or other sites is at your own risk.
Equipment
Equipment requirements are clearly posted on this Site and may be updated or altered as necessary. Please check these postings regularly. Please note that while every effort has been made to ensure ease of downloads through file compression and other technical means, we believe that the Site is best accessed through a broadband connection to the Internet.
Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot and do not ensure or warrant the security of any information you transmit to us or from our online products or services, and you transmit information at your own risk.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL AND/OR DATA DEVELOPED BY US OR BY THIRD PARTIES (“INFORMATION PROVIDERS”), IS AT YOUR SOLE RISK. THE SITE AND ANY CONTENT AND MATERIALS AVAILABLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE AND THE INFORMATION PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NONINFRINGEMENT, OR ANY WARRANTY AS TO RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THIS SITE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SITE IS ERROR- OR DEFECT-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE AND THE SERVER(S) THAT MAKE THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR OTHERWISE THROUGH YOUR USE OF THE THIS SITE SHALL CREATE ANY WARRANTY ON THE PART OF US OR THE INFORMATION PROVIDERS. FURTHER, WE AND THE INFORMATION PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.
Limitations on Liability
IN NO EVENT SHALL WE, THE INFORMATION PROVIDERS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE ANY CHANGES TO THIS SITE OR THESE TERMS OF USE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR ANY OTHER MATTER RELATING TO THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT NEITHER WE NOR THE INFORMATION PROVIDERS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SERVICES, CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF WE OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Allocation of Risk
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED-UPON ALLOCATION OF RISK BETWEEN YOU AND US AND FORM AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, WITHOUT WHICH WE WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THIS SITE.
Indemnity
You agree to indemnify, defend and hold us, the Information Providers and any other person or entity involved in creating or distributing this Site, as well as each of their respective affiliates and their respective officers, directors, owners, agents, employees and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, costs, damages and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with (a) your breach of these Terms of Use; (b) your use of, or conduct with respect to this Site and (c) any content that you submit or post on the site. We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Ownership of Materials
The contents of this Site is the property of us and/or our licensors and are protected by copyright, trademark and other intellectual property laws. We make the Service available to you for your personal use only and on the express condition that you do not copy, modify, create a derivative work of, reverse engineer, revise, assemble or otherwise attempt to discover any source code; or sell, assign, publish, sublicense, grant a security interest in or otherwise transfer any of the contents of this Site or the software used to deliver this Site to you.
Images of people or places displayed on this Site are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of us and others. Nothing contained this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the express prior written permission of us or such third party that may own such Trademark. Your misuse of the Trademarks displayed on this Site or any other content on this Site is strictly prohibited.
Please be advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
International Laws – Usage and Software
This Site is controlled and operated by us from our offices within the State of California , United States of America . We make no representation that materials on this Site are appropriate or available for use in other locations and other countries. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the software, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
Choice of Law/Jurisdiction and Venue
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California , as it is applied to agreements entered into and to be performed entirely within such State. Any action that you, any third party or we bring to enforce these Terms of Use or in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in San Francisco County , California , and you expressly consent to the jurisdiction of said courts.
General
These Terms of Use contain the complete and final statement of the understanding between you and us with respect to, and supersede any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and us concerning, the subject matter of these Terms of Use. If any provision of these Terms of Use is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of these Terms of Use, which shall remain in full force and effect and be enforced in accordance with their remaining terms. The waiver by us of a breach or default of any of the provisions of these Terms of Use by you shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of us to exercise or avail ourselves of any right, power or privilege that we have or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are solely used for convenience and have no legal or contractual significance.
All rights reserved. Do not duplicate or redistribute in any form.
