Terms

Last updated August 14, 2018

Paper Pinecone Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before using the www.paperpinecone.com website (the "Service") operated by Paper Pinecone ("us", "we", or "our").

By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy incorporated herein, which form an agreement between you and Paper Pinecone. These Terms apply to all visitors, users and others who access the Service.

By accessing or using the Service, you indicate that you are eighteen (18) years old, you are not registered as a sex offender in any jurisdiction, and have read, understood, accept and agree to be bound by these Terms. If you disagree with any part of the terms then you should not access the Service.

All users must use their own judgment, discretion, and complete their own screening and due diligence before meeting any other user or entering into any agreement or transaction. Paper Pinecone does not take part in the interaction between users except to provide a platform for communication and connection. All agreements and transactions are between users. Paper Pinecone is in no way involved in, or a party to, any such agreement. Paper Pinecone does not endorse any specific user or member. Paper Pinecone is not responsible for the conduct, whether online or offline, of any user of the Service. By using the Service, You agree not to hold Paper Pinecone liable for any claims, liability, demands and damages, known or unknown, or disputes that may arise for interactions with or contracts entered into with other users.

You may not send spam or any other unauthorized advertisements or solicitations through or using the Service. You may not attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of Paper Pinecone users without the express written consent from Paper Pinecone.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. This includes, but not limited to using photos or statements for marketing purposes.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Paper Pinecone shall not be responsible for the accuracy, timeliness or information provided by state and local governing organizations. Paper Pinecone shall have no obligation, responsibility, or liability for any inaccuracy or incompleteness in users' profiles or for information provided by state and local governing organizations.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Paper Pinecone and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Paper Pinecone.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Paper Pinecone and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

Limitation Of Liability

In no event shall Paper Pinecone, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Fees and Renewals

The Paper Pinecone upgrades are non-refundable. Taxes may apply where required by law.

 

If all eligible payment methods we have on file for you are declined for payment of your selected upgrade, you must provide us a new eligible payment method promptly or your upgrade will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new upgrade period will be based on the original renewal date and not the date of the successful charge.

 

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PAPER PINECONE UPGRADE WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

 

Warranty Disclaimer

Paper Pinecone is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Service is provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

 

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

YOU AGREE THAT PAPER PINECONE (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) 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, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR 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 ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

 

Interactions with others.

You may have the ability to communicate, interact, or otherwise connect with other Users through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another User or anyone else, and you release Paper Pinecone from any liability that may arise out of your interactions with another User of our Service.

 

Third Party Content.

As you use our Service, there may be links, ads, or other ways for you to visit other websites not owned or controlled by Paper Pinecone. When you access third party websites, you do so at your own risk. Paper Pinecone cannot and does not make any representations or warranties about other websites or services.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Service. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Service, or we may use other communication methods to reach you.

This includes periodic changes to our Privacy Policy and any other policies which are incorporated as part of these Terms.

The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.

 

Contact Us

If you have any questions about these Terms, please contact us at

info@paperpinecone.com.