If you do not agree to these Terms, you are directed to discontinue accessing and using the Sites. Please note that this or any part of these Terms may be changed or updated by PP from time to time without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of the Terms as changed or updated. It is your responsibility to review these Terms regularly. These Terms were last updated on May 1, 2016.
Content of the PP Sites
The Sites are owned and operated by PP. All of the information and content that is featured, displayed or contained on any of PP’s Sites, such as posts and narratives, and all other information in any and every format now existing or that may be created in the future, including, without limitation, text, graphic designs, still images, videos, audio, and multimedia (collectively, the “PP Content”) is owned or licensed by or for the benefit of PP.
The words “User Content”, as used in these Terms, refers to information and content that you, or any other user of the Sites, posts, submits, or otherwise transmits to any of the Sites.
Your access to and use of PP’s Sites, all PP Content and all User Content, are also subject to all applicable laws and regulations.
PP’s Sites, and all PP Content contained on PP’s Sites, are protected by United States trademark and copyright law and other applicable laws, and are the sole and exclusive property of PP (except as expressly identified on PP’s Sites). All copyrights and trademarks which are not the property of PP that are used or referred to in PP’s Sites are the property of their owners. Unless otherwise indicated therein, nothing contained in PP’s Sites will be construed as granting any license or any other rights to any copyright, trademark, patent, or other property of PP or any third party, whether by implication, laches, estoppel, explicit grant, or otherwise. The PP Content is proprietary. Any unauthorized use of PP Content or other materials on PP’s Sites may violate applicable laws, and shall be a violation of these Terms, and may violate the terms of PP’s Social Media Sites.
You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of PP’s Sites. You agree not to access or use any of PP’s Sites in any way that is unacceptable or illegal (as determined by PP in its sole discretion), including, without limitation, any of the following things:
Post, submit or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including PP.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or their source codes.
Remove any copyright, trademark, or other proprietary rights notices contained in PP’s Sites, or embedded in or attached to any PP Content
Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
Post, submit or transmit “spam,” unsolicited email or text messages, or any other unsolicited commercial communication.
Express or imply that any statements you make are endorsed by PP.
“Hack” or deface any portion of any of PP’s Sites.
Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on any of PP’s Sites or any other computer network.
Post or transmit viruses, trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious computer codes, scripts, applications, or programs (collectively, a “Virus”).
Restrict or inhibit any other user from using or accessing any of PP’s Sites.
Reproduce, distribute, modify, sell, license, or re-post any PP Content or the User Content of others on websites or computer networks, other than PP’s Sites.
Frame or mirror any portion of any of PP’s Sites on any other website or computer network.
Engage in data extraction or data-mining.
Transfer or store any PP Content or the User Content of others residing or exchanged over any of PP’s Sites in any electronic network, including without limitation a peer-to-peer network, for use by more than one user.
Collect or use any information about other users of any of PP’s Sites, whether the information is personally identifiable or de-identified and aggregated with information concerning other users of the Sites.
By accessing and using any of PP’s Sites, including any User Content that you submit to PP in connection with same, including without limitation your name, telephone number, email address, or other information, you agree as follows:
- You warrant that you own the right to utilize, to license, and to sublicense such User Content.
- None of the User Content will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of PP. PP shall not be liable whatsoever for any use or disclosure of any such User Content.
- You shall assume full and sole responsibility for any User Content that you post or communications that you make to any of PP’s Sites.
- You hereby automatically and immediately assign to PP a non-exclusive, royalty-free, worldwide, transferable, perpetual license to any and all User Content for any and all purposes.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to PP’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to PP’s designated agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pinpaper Press, LLC
100 Washington Street, 2nd Floor
Norwalk, CT 06854
Attn: Copyright Agent
Disclaimer of Warranty; Limitation of Liability
The Sites, and all PP Content or User Content posted on any of the Sites, or delivered to you from, through, or via any of the Sites, is provided to you “as is” and without any warranties of any kind, express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose by PP or any of its affiliates, principals, members, partners, employees, agents, or representatives. PP makes no representations whatsoever about the suitability of the information, PP Content or User Content contained on PP’s Sites for any purpose. You agree and understand that you must evaluate and bear all risks associated with accessing and using any of PP’s Sites, including those risks associated with reliance on the accuracy, thoroughness, or utility of any PP Content or User Content.
PP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES THAT ARE MARKETED AND SOLD ON OR THROUGH PP’S SITES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. You agree that PP’s maximum liability arising from any use of any of PP’s Sites under any circumstances will be limited to U.S. $100.00. (Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)
IN NO EVENT WILL PP OR ITS PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER OR LOST OR ANTICIPATED PROFITS RELATED TO ANY INFORMATION, PP CONTENT OR USER CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM PP’S SITES; OR FOR ANY PRODUCT OR SERVICE MARKETED OR SOLD ON OR THROUGH PP’S SITES; OR FOR YOUR RELIANCE ON ANY INFORMATION, PP CONTENT OR USER CONTENT THAT IS LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM PP’S SITES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY, OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION, PP CONTENT OR USER CONTENT AVAILABLE FROM PP’S SITES, OR WHETHER OR NOT ALLEGED TO HAVE BEEN CAUSED BY ERRORS OR OMISSIONS IN THE PP CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED WITHIN PP’S SITES.
PP expressly disclaims any responsibility or liability based upon or arising out of a violation of these Terms by any user of PP’s Sites.
PP is not responsible for any errors or omissions in postings on or submissions to PP’s Sites, or for any results obtained from the use of such PP Content, User Content or other information. Under no circumstances shall PP be liable for any loss or damage caused by your reliance on PP Content, User Content or other information obtained from or through PP’s Sites. PP strives to provide accurate information, but makes no claims, promises, representations, or guarantees about the accuracy, completeness, or adequacy of the PP Content, User Content or other information contained in or linked to or from PP’s Sites. PP therefore cannot and does not claim, promise, represent, or guarantee that any PP Content, User Content or other information is appropriate for any particular user.
In no event shall PP be liable for any damage to your computer hardware, software or network which may occur on account of your access to or use of PP’s Sites, or your downloading of PP Content or information from PP’s Sites, whether caused by a Virus or otherwise. Information contained on PP’s Sites may contain technical inaccuracies or typographical errors, for which PP expressly disclaims all liability.
The information contained on PP’s Sites may be changed at any time without any prior notification or obligation.
PP does not routinely monitor PP’s Sites or any PP Content, User Content or other information that is posted to its Sites by users. However, PP reserves the right to monitor PP’s Sites, and to edit, modify, or remove any PP Content, User Content, or other information that PP (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for PP to monitor, edit, modify, or remove any PP Content, User Content or other information on its Sites.
PP On-Demand Print and Digital Banner Service
PP’s products and services include an on-demand print service and a digital banner service through the Sites. Restrictions, rules and/or limitations may apply in connection with PP’s on-demand print service and digital banner service including, without limitation, the minimum or maximum width of pixels in images requested in a product, and PP’s Sales and Shipping Terms. Accordingly, you understand and accept that not all images or files may be included in any product ordered or generated through the Sites. PP is not responsible for any errors or omissions in any products ordered or generated through the Sites. Under no circumstances will PP be liable for any loss or damage caused by your reliance on products obtained through the Site.
Third Party Content
PP’s Sites may provide hyperlinks to other web pages, websites, links, social media sites and platforms, applications, and other resources that are available on the Internet (collectively, the “Third Party Content”). PP has no control over any Third Party Content that you access or use via such hyperlinks; PP does not endorse any Third Party Content; PP is not responsible for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content; and PP makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided as a convenience to our users only. PP does not endorse or accept any responsibility for any Third Party Content or your access or use of such Third Party Content. You acknowledge and agree that PP shall not be responsible or liable for any damage or loss caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content, or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content. It is your sole responsibility to take any necessary precautions to ensure that any Third Party Content that you may choose to access and use is safe, appropriate and does not contain any inaccuracies, Viruses, or other items of a destructive nature.
Use of PP’s Social Media Sites
PP is not responsible for any errors or omissions in postings on the Sites, for hyperlinks embedded in posts or messages, or for any results obtained from the use of such information. Under no circumstances will PP be liable for any loss or damage caused by your reliance on information obtained through the Site.
You acknowledge that due to the immediate nature of the Internet and postings on the Website, PP may not censor, approve, edit, or endorse information placed on the Sites, by its users. PP cannot (and does not) guarantee that inappropriate material will not be posted on the Sites.
You understand that by accessing and using the Sites, you may be exposed to PP Content or User Content that may offend you. Your sole and exclusive remedy is to avoid such PP Content or User Content by discontinuing your access and use.
Opinions, comments and other statements expressed by users of the Sites, are theirs alone, and are not opinions of PP. User Content created by users is the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by PP.
Conduct by Users
All users are required to access and use PP’s Sites for lawful purposes only. You agree not to post, submit or transmit to, from, through, or by means of PP’s Sites any material that is unlawful, infringing, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or which may give rise to civil or criminal liability.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE PP’S SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE BY A PERSON, PP RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless PP and its principals, officers, directors, members, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including reasonable attorneys’ and professionals’ fees and expenses) resulting from (1) your violation of these Terms, (2) your violation of the Copyright Disclaimer, and (3) your compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. PP reserves the right to assume, at its sole expense, the exclusive defense and control of any matter that is subject to indemnification by you. In such event, you agree to cooperate fully with PP in asserting any available defenses and in all other respects, at PP’s request.
Your access to and use of PP’s Sites is licensed to you, not sold. This license shall immediately and automatically terminate upon your breach of these Terms, without any requirement to give notice thereof to you. In addition, PP may terminate this license immediately at any time, at will, and for the convenience of PP. If you do not abide by these Terms, you are not authorized to access or use PP’s Sites.
Any and all disputes arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the District of Connecticut located in Bridgeport, Connecticut or the state courts located in (or having jurisdiction over) Fairfield County, Connecticut. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse PP for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against (or by) you. These Terms, and their validity and effect, will be interpreted under and governed by the substantive laws of New York, without regard to principles of conflicts of laws or statutes.
By your acceptance of these Terms and your access and/or use of PP’s Sites, and as a material condition of such access and/or use, you warrant to PP that you are over the age of eighteen (18) years, or you are otherwise eligible to use and/or purchase PP’s products and/or services, and that you have provided accurate and complete information in all of your communications with PP (including without limitation your username, password and user profile).
These Terms, and any other rules or terms posted on any of PP’s Sites, constitute the entire agreement between you and PP, and supersede all previous written or oral agreements between PP and you. No action or inaction by PP may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.
Copyright © 2016 by Pinpaper Press, LLC. All PP Content contained in and on PP’s Sites is intellectual property and copyrighted materials belonging exclusively to PP, and is protected by federal and state copyright and other laws and international laws and treaties. Any copying, republication or redistribution of the PP Content is prohibited. PP enforces its copyright, trademark, and other legal rights and interests to the fullest extent permitted under the law. All rights of PP are expressly reserved.