User Terms of Service Agreement
Paper Plus Group User Terms of Service Agreement
1. ACCEPTANCE OF TERMS
Paper Plus Inc. ("Paper Plus") welcomes you to its online community. Paper Plus provides its service to you, subject to the following User Terms of Service ("TOS") and the Paper Plus Community Guidelines ("Guidelines"), both of which may be updated by us from time to time without notice to you. You can review the most current version of the TOS and Guidelines at any time at http://www.paperplus.co.nz. In addition, when using particular Paper Plus owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
2. DESCRIPTION OF SERVICE
Paper Plus provides access to a rich collection of resources, including an online community of connected people who create content, read, view, listen to, edit, rate and share content with networks of other Paper Plus users, through a network of properties which may be accessed via the Internet (the "Service"). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for Paper Plus to provide the Service, and the Service may include certain communications from Paper Plus, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Paper Plus properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Paper Plus assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Paper Plus, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Paper Plus does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Paper Plus be liable in any way for any Content, including, but not limited to, for 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 the Service.
You acknowledge that Paper Plus may or may not pre-screen Content, but that Paper Plus and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Paper Plus and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Paper Plus or submitted to Paper Plus, including without limitation information in Paper Plus Groups (see the definition in Section 7 below), and in all other parts of the Service.
You acknowledge, consent and agree that Paper Plus may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Paper Plus, its users and the public.
Paper Plus also restricts the posting of overtly commercial content on or via the Services. Overtly commercial content is content the primary purpose of which is to sell a product or services or induces Members to enrol in a promotional or money-making enterprise that may or may not be legitimate in nature. Paper Plus reserves the right to review and remove any overtly commercial content, at its sole discretion. Articles must provide legitimate informational and/or entertainment value for the community. For those seeking to promote legitimate commercial offers to the Paper Plus community, please contact our marketing department email@example.com.
Paper Plus often allows Content to be posted that contains a link to free goods or services. We typically allow those to remain on the site if this Content is not self-promoting. Paper Plus always reserves the right, at its sole discretion, to remove all types of Content from the Service.
5. APPROPRIATE CONDUCT AND MEMBER DISPUTES
Please read the following section carefully, as it governs your conduct while using the Paper Plus Service, and by using the Service, you agree to be bound by these terms. Paper Plus also strongly recommends that you review the Guidelines, which you can access at any time at http://www.paperplus.co.nz for further clarification on what Paper Plus considers to be appropriate conduct on the Service.
- Appropriate Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- engage in personal attacks of any kind against any member of the Paper Plus community;
- post any inappropriate, defamatory, infringing, obscene, libellous or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation;
- engage in inappropriate or excessive flagging or rating of Content;
- download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
- use or create inappropriate usernames or groupnames;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorised purpose including but not limited to distributing spam;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Paper Plus;
- create Member accounts (see Section 6 below) by automated means or under false or fraudulent pretences;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
- engage in "ad slamming" of any nature, including the repeated clicking on advertisements to increase potential earnings to you, to increase potential costs to an advertiser, or for any reason other than viewing an advertisements as a potential consumer.
- Member Disputes
You are solely responsible for your interactions with other Paper Plus users. As a Member (as defined in Section 6), you are expected to tolerate viewpoints and perspectives with which you may not agree. Paper Plus is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Paper Plus reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in Paper Plus' sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate content.
- Reporting Objectionable Behaviour or Content
If you encounter Content or behaviour that you think violates the TOS or Guidelines, you can report the incident to Paper Plus by sending an email at firstname.lastname@example.org. Please state the reasons for your concern and provide a link to the Content or behaviour in question.
If the Content or behaviour is determined to be inappropriate, then it is removed from the Service and the author is notified. All such determinations may be made at Paper Plus' sole discretion. Paper Plus may allow the author to modify the Content or change the behaviour so that it is compliant with the TOS and Guidelines, and, assuming that it is, it may be subsequently released on the Service. Paper Plus reserves the right to terminate a Member's (as defined in Section 6) account at any time we determine that to be an appropriate response to the Content or behaviour in question.
6. REGISTRATION AND MEMBERSHIP
In order to use certain aspects of the Service, you are required to register and establish an online account with Paper Plus. We refer to registered users as members ("Members") and subject Members to the following specific terms:
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Paper Plus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paper Plus has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
- You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Paper Plus of any unauthorised use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Paper Plus cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. You agree that your Paper Plus Member account is non-transferable and any rights to your Paper Plus password, username or account information or Content within your Member account terminate upon your death. Upon receipt of a copy of a death certificate, your Member account may be terminated and all Content therein permanently deleted.
- Paper Plus does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content (including but not limited to articles, comments, photos, graphics, audio, or video you submit or make available), you grant Paper Plus a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other Paper Plus property. Paper Plus reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by Paper Plus. You also agree that, if you post Content containing adult or sexually explicit material that is not suitable for minors, you will mark the Content as such. If your posted Content contains material that is adult or sexually explicit and you do not mark it appropriately, Paper Plus shall have the right to cancel your membership.
- You agree that Paper Plus may, under certain circumstances and without prior notice, immediately terminate your Paper Plus account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other incorporated agreements, guidelines, policies or rules, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems, (iv) extended periods of inactivity, (v) your engagement in fraudulent or illegal activities, and/or (vi) nonpayment of any fees owed by you in connection with the Service. Termination of your Paper Plus account includes (a) removal of access to all offerings within the Service, including but not limited to the Paper Plus Groups, (b) deletion of your password, username and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Paper Plus's sole discretion and that Paper Plus shall not be liable to you or any third-party for any termination of your account, any associated email address, username or access to the Service.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside.
You agree to indemnify and hold Paper Plus, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Paper Plus username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of Paper Plus.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Paper Plus may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Paper Plus's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Paper Plus has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Paper Plus reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that Paper Plus reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
Paper Plus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Paper Plus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of third parties, such as advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that Paper Plus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Paper Plus has no control over such sites and resources, you acknowledge and agree that Paper Plus is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Paper Plus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.
14. PAPER PLUS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Paper Plus and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Paper Plus or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Paper Plus grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Paper Plus for use in accessing the Service.
Paper Plus, paperplus.co.nz, and the Paper Plus logo are trademarks and service marks of Paper Plus and other Paper Plus logos and product and service names are trademarks and service marks of Paper Plus (collectively, the "Paper Plus Marks"). Without Paper Plus' prior permission, you agree not to display or use in any manner, the Paper Plus Marks.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAPER PLUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PAPER PLUS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPER PLUS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAPER PLUS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAPER PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to receive or request any news, messages, or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Paper Plus and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Paper Plus may provide you with notices by email, regular mail, or postings on the Service.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Paper Plus respects the intellectual property of others, and we ask our users to do the same. Paper Plus may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Paper Plus immediately at email@example.com with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property 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 authorised by the copyright or other intellectual property right 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 or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
21. GENERAL INFORMATION
Independent Contractors. Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum. The TOS and the relationship between you and Paper Plus shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and Paper Plus agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand.
Waiver and Severability of Terms. The failure of Paper Plus to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour 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.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any violations of the TOS to Paper Plus at firstname.lastname@example.org.
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