effective as of August 24, 2016
updated January 22, 2020
Summary:
This summary is not part of the contract, but is intended to help you understand its terms. The terms found on this page pertain to the use of our website(s). Purchasing artwork from Paper and Sage involves additional Terms of Service found here. (1) These terms, together with any special terms for particular websites or services, create a contract between you and Paper and Sage. The contract governs your use of all websites operated by Paper and Sage, unless a particular website indicates otherwise. (2) Please read these terms and only use our sites and services if you agree to them. (3) These terms may change. If you continue to use the sites after the changes are made, you agree to the changes. (4) We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. (5) We do not take any ownership of your content when you post it on our sites. If you do not own the content, then you should not post it without permission from the copyright owner. You are responsible for any content you upload to our sites. (6) Please do not use our sites unless you are 18 years old, or over 13 with the consent of your parents. If you have an account on our Website(s), P&S has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. (7) When using our website and services: play nice, be yourself, and don’t break the law or be disruptive. (8) Paper and Sage does not make any guarantees about the sites, services, or content available on the sites. (9) Paper and Sage is not responsible for the content you post to the sites, your use of our services, or for the conduct of others on our sites. (10) If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay Paper and Sage for the damage it causes. (11) Please read our Privacy Policy. It is part of these terms, too. (12) Please let us know if you find infringing content on our websites. (13) If you violate these terms, you may no longer use our sites. (14) If there is a lawsuit arising from these terms, it should be in Kentucky and governed by Kentucky law. We are glad you use our sites, but this agreement does not mean we are partners.
1. General Information Regarding These Terms of Use
Master terms: Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Paper and Sage operates, including http://paperandsage.com and http://proofs.paperandsage.com (collectively, the “Websites”), as well as the products, information, and services provided through the Websites, including our contact form, commenting system, newsletter, and design approval system (together with the Websites, the “Services”).
Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Paper and Sage in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
2. Your Agreement to the Terms
YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
3. Changes to the Terms
From time to time, Paper and Sage may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case, we will post updated Terms and indicate the date of revision. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. Content Available through the Services
Provided as-is: You acknowledge that Paper and Sage does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Paper and Sage liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
5. Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Licensing Your Content: You retain any copyright that you may have in Your Content.
Removal: Paper and Sage may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion.
6. Participating in our Community
When you post comments our Websites or use our online proofing system you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account.
You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is permissible), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
Termination: Paper and Sage reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
7. Prohibited Conduct
You agree not to engage in any of the following activities:
1. Violating laws and rights:
- You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
- You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
- You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting
- any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
- You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- You may not intimidate or harass another through the Services;
- You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. Impersonation or unauthorized access:
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
- You may not use or attempt to use another’s account or personal information; and,
- You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
8. Expected conduct for the proofing system:
You agree to conduct yourself in the following manner:
- You will reply to all communication (including emails and comments in the system) in a timely manner;
- You will use courteous, appropriate language when conversing in the proofing system with P&S staff; No accusational language, name-calling or personal attacks;
- If you’ve received multiple proofs or mock-ups at once, comment only on the version you’d like to pursue;
- Changes should be submitted in actionable, constructive language—for example, rather than commenting, “I don’t like that font”, reference 2-3 PreMades in The Shop that incorporate fonts that reflect what you’d prefer.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAPER AND SAGE OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PAPER AND SAGE DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY P&S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAPER AND SAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAPER & SAGE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF PAPER & SAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAPER & SAGE IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless Paper and Sage, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
12. Privacy Policy
Paper and Sage is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
13. Copyright Complaints
Paper and Sage respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on a website owned or controlled by P&S, send a Notice of Infringing Materials through our contact form.
14. Termination
By Paper and Sage. Paper and Sage may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Paper and Sage at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services terminates automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.
15. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Kentucky in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Paper and Sage and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the state of Kentucky, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Paper and Sage as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Paper and Sage relating to this subject matter and supersede any and all prior communications and/or agreements between you and Paper and Sage relating to access and use of the Services.