TERMS OF USE

 

LAST UPDATED: JUNE 2023

Paperartlabs.com L.L.C. (“Paperartlabs.com”) provides its services to you subject to the following notices, terms and conditions. These Terms of Use apply to the Paperartlabs.com website located at www.Paperartlabs.com and all other sites, services, and tools where these Terms of Use appear or are linked (collectively, the “Site”).

PLEASE BE ADVISED THAT BY USING THIS SITE IN ANY MANNER, WHETHER BY BROWSING, PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION OR MAKING A PURCHASE, CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE, AS WELL AS PAPERARTLABS.COM’S PRIVACY POLICY. Any person or entity that interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.

PRIVACY
Please review our Privacy Policy to understand our information collection and use practices. The Privacy Policy is incorporated into these Terms of Use in its entirety.

CONTENT
All content included on the site, including website design, software, text, graphics, logos, images, audio, video, data, and other material (collectively “Content”) is the property of Paperartlabs.com or its content suppliers and is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Paperartlabs.com and is protected by United States and international copyright laws. The images used on this site are the property of their respective copyright owners, and are used by Paperartlabs.com pursuant to express or implied authorization from the copyright owners or their agents. Paperartlabs.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

LICENSE AND ACCESS
Paperartlabs.com grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the “USE OF SITE” section of these Terms of Use. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display of the content, images and software on this site is strictly prohibited. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and you may only access and use the website with permission from your parent or legal guardian.

AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (‘Minors’) are not permitted to use Paperartlabs.com L.L.C. websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 16 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 16 has provided any personal information to or on any of the Paperartlabs.com L.L.C. websites, we will remove that information as soon as possible.

USE OF SITE
This site or any portion of this site may not be reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, scraped, crawled or otherwise exploited for any commercial purpose that is not expressly granted by Paperartlabs.com. Paperartlabs.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Paperartlabs.com believes that customer conduct violates these Terms of Use, applicable law or is harmful to the interests of Paperartlabs.com and its affiliates. Paperartlabs.com further reserves the right to pursue any legal action against any user who violates the terms, conditions and notices contained on this site.

As a condition of your use of this Site, you warrant to Paperartlabs.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
  • download, copy or transmit any Content for the benefit of any other merchant;
  • use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Paperartlabs.com or generally publicly available browsers;
  • frame, mirror or use framing techniques on any part of the Site without Paperartlabs.com’s express prior written consent;
  • make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms of Use;
  • use any meta tags or any other hidden text utilizing Paperartlabs.com’s name or marks;
  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  • use a buying agent to conduct transactions on the Site;
  • conduct fraudulent activities on the Site;
  • violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Paperartlabs.com Site) or to the Site (impersonating another user);
  • send unsolicited or unauthorized email on behalf of Paperartlabs.com, including promotions and/or advertising of products or services;
  • tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  • use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  • harvest or collect personally identifiable information about other users of the Site;
  • restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  • use the Site to advertise or offer to sell or buy any goods or services without Paperartlabs.com’s express prior written consent;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

 

YOUR ACCOUNT
You may be required to register with Paperartlabs.com in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Paperartlabs.com including those set forth in these Terms & Conditions, Paperartlabs.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

MODIFICATION AND TERMINATION
Paperartlabs.com may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Paperartlabs.com reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

Paperartlabs.com reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are, by their nature, intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

USER REVIEWS, COMMENTS, AND SUBMISSIONS
Paperartlabs.com welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with these Terms of Use as well as Paperartlabs.com’s Submission Guidelines, which are incorporated into these Terms of Use in their entirety.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Paperartlabs.com assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

For any User Content you submit, you grant to Paperartlabs.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Paperartlabs.com the right to include the name provided along with the User Content submitted by you; provided, however, Paperartlabs.com shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Paperartlabs.com neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. You agree that Paperartlabs.com will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Paperartlabs.com.

MOBILE SERVICES
Paperartlabs.com may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Paperartlabs.com, and access certain other features (collectively the “Mobile Services”). Although Paperartlabs.com does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

ACCESSIBILITY STATEMENT
Paperartlabs.com wants everyone who visits the Paperartlabs.com website to feel welcome and find the experience rewarding. To that end, Paperartlabs.com is committed to having a site that is accessible to all customers, and we are actively working to implement solutions to increase accessibility. We encourage you to provide us feedback via email and let us know if you experience any issues. Please visit our Contact Us page to speak with our Customer Service team.

TRANSACTIONS
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Paperartlabs.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Paperartlabs.com reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Paperartlabs.com or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

LIMITATIONS ON QUANTITY
Paperartlabs.com reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.

Paperartlabs.com reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

AVAILABILITY, ERRORS, AND INACCURACIES
Paperartlabs.com’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Paperartlabs.com makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Paperartlabs.com strives to display the colors of the products shown on this Website accurately; however, because a monitor’s display may vary from the colors shown, we cannot and do not guarantee that your monitor’s display of any color will be the actual color of the products. Paperartlabs.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

PROMOTION RULES
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

GIFT CARDS & CERTIFICATES
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Texas. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

DIGITAL DOWNLOADS
Digital downloads offered by Paperartlabs.com (“Wallpaper Downloads”) are provided for your personal, non-commercial use only in the United States, its territories and possessions. All purchases of wallpaper content (“Wallpaper Content”) are deemed final and are non-refundable. The use and purchase of Wallpaper Content require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. We reserve the right to change the prices and availability, including removal of such content, without prior notice to you. In accessing Wallpaper Content through Paperartlabs.com, You agree:

  • To not modify, or attempt to modify, any software or Wallpaper Content purchased through Paperartlabs.com for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the content.
  • Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Wallpaper Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner is a violation of the law and is expressly prohibited.
  • Other than as expressly set forth herein, copying, sharing or transferring of the Wallpaper Content is expressly prohibited.

 

Downloads of Wallpaper Content may be purchased individually or collectively as a complete digital calendar.

FILTERING
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.

To the fullest extent permissible by applicable law, you agree to indemnify and hold Paperartlabs.com and its affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any damages or losses of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (a) your access to the Site, (b) your use of the Site, (c) any User Content submitted by you, or (d) your breach of these Terms of Use.

RISK OF LOSS
Except as otherwise set forth herein, the risk of loss and title for all items purchased via sites owned and operated by Paperartlabs.com passes to you upon delivery of the item to the carrier.

RETURNS
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms of Use in its entirety.

DIGITAL MILLENNIUM COPYRIGHT ACT
Paperartlabs.com’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Paperartlabs.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Paperartlabs.com that your copyrighted material has been infringed. Paperartlabs.com does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Paperartlabs.com will respond by either taking down the allegedly infringing content or blocking access to it. Paperartlabs.com may contact the notice provider to request additional information. Under the DMCA, Paperartlabs.com is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Paperartlabs.com a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
  • Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  • Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
  • Be signed; and
  • Be sent to our DMCA designated agent at the following address:
    • DMCA Designated Agent

LINKS TO THIRD PARTY SITES
Paperartlabs.com may contain links to other websites and interactive functionality interacting with the websites of third parties (“Linked Sites”) including social sites and product manufacturers’ sites. The Linked Sites are not under the control of Paperartlabs.com and Paperartlabs.com is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Paperartlabs.com does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links.

Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Paperartlabs.com strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Paperartlabs.com of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

LINKING TO PAPERARTLABS.COM
Linking to Paperartlabs.com from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Paperartlabs.com’s content. A Linking Site shall not create a frame, browser or border environment to Paperartlabs.com’s content and a Linking Site shall not imply that Paperartlabs.com is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Paperartlabs.com, shall not provide false information about Paperartlabs.com’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Paperartlabs Holdings LLC, Paperartlabs.com, or others. Linking Sites shall abide by any and all applicable laws.

INTERNATIONAL ACCESS
The Site is controlled and operated by Paperartlabs.com from the United States, and is not intended to subject Paperartlabs.com to the laws or jurisdiction of any state, country or territory other than that of the United States. Paperartlabs.com does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PAPERARTLABS.COM ON AN “AS IS” BASIS. PAPERARTLABS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAPERARTLABS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAPERARTLABS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF PAPERARTLABS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND PAPERARTLABS.COM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PAPERARTLABS.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

JURISDICTIONAL ISSUES The Site is controlled and operated by Paperartlabs.com from the United States, and is not intended to subject Paperartlabs.com to the laws or jurisdiction of any state, country or territory other than that of the United States. Paperartlabs.com does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

INDEMNIFICATIONS AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Paperartlabs.com and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that, if true, would constitute a breach by you of these Terms of Use.

NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to Paperartlabs.com shall be sent by mail to: Legal Affairs, Paperartlabs.com L.L.C., 6411 Burleson Rd, Austin, TX 78744. In the case of notices Paperartlabs.com sends to you, you consent to receive notices and other communications by Paperartlabs.com posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your account. You agree that all agreements, notices, disclosures, and other communications that Paperartlabs.com provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CALIFORNIA PRIVACY RIGHTS
Shine the Light – California Civil Code Section 1798.83 permits customers of Paperartlabs.com who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes

California Consumer Privacy Act – California residents may request copies of the data collected about them in the past 12 months through the process described in section 2 above. Sections of this policy describe the categories of personal information we collect, our methods of collection, the business or commercial purpose for collection, and categories of third parties we disclose information to. Paperartlabs.com does not sell personal information about its customers who reside in California.

California Minor Content Removal –The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and you may only access and use the website with permission from your parent or legal guardian. If you are a resident of California, under 18 and a registered user of our services, you may ask us to remove content or information that you have posted to these services by contacting us. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

California Do Not Track Disclosure – Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

DISPUTES – ARBITRATION AGREEMENT
Please read this carefully. It affects your legal rights. Any dispute of any kind between Paperartlabs.com and you, including but not limited to any claim relating in any way to any advertisements, pricing, products or services sold or distributed by Paperartlabs.com, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge that use of this Site and/or purchase of any products or services from or through Paperartlabs.com constitutes a transaction in interstate commerce. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement survives termination of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Services as a court would. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms of Use, and will be administered by the AAA. YOU AND PAPERARTLABS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Paperartlabs.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, group or class proceeding. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Exclusive jurisdiction over and venue of any suit arising out of or relating to such action will be in the courts of Travis County, Texas. These Terms of Use will be governed by Texas law, exclusive of any choice of law rules, except for the arbitration agreement, which is governed by the Federal Arbitration Act.

ADDITIONAL TERMS & CONDITIONS
In addition to the policies and guidelines located throughout the Paperartlabs.com Site, the following policies are incorporated into the Terms of Use:

  • Return Policy
  • Privacy Policy
  • Submission Guidelines

 

MISCELLANEOUS
These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Paperartlabs.com with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.