By using the Site or posting to the Site (the "Services"), you agree to be bound by this Agreement and the specific terms and conditions stated in connection with various features at the Site, all of which are incorporated herein by reference and made a part of this Agreement, whether or not you register as a member of the Site. If you object to anything in this Agreement or do not agree to be bound by this Agreement, do not use the Site or the Services. This Agreement is subject to change by SPapers in its sole discretion at any time, and SPapers will provide notice in accordance with Section 6.
a. Minimum Age.
You must be at least eighteen (18) years of age to use the Site or Services. By using the Site or Services, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Use of the Site or Services
As a user of the Site or Services, you agree to the following:
a. Exclusive Use.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other individual or entity.
b. Account Security.
It is your sole responsibility to keep your account information and password secure. You acknowledge that SPapers is not liable for third-party access to your account that results from theft or misappropriation of your user name and password.
c. No False Information.
You agree not to provide inaccurate, misleading, or false information to SPapers. If information provided to SPapers subsequently becomes inaccurate, misleading, or false, you will promptly update the information.
d. Information or Content Posted.
You are solely responsible, and assume all liability for the content you post, transmit, publish, link to, or otherwise make available on the Site or through the Services. You understand and agree that SPapers may, but is not obligated to, review and delete (without notice) any content that SPapers in its sole discretion determines is not appropriate for the Site, violates this Agreement, violates the rights of another person or entity, or which might be offensive, illegal, or threaten the safety of others. SPapers reserves the right to investigate and take appropriate legal action against anyone who, in SPaper’s sole discretion, violates this provision, including without limitation, removing the offending information or content from the Site and terminating the account of the offending User.
e. No Advertising or Commercial Solicitation.
You agree and acknowledge that you will not advertise or solicit any User to buy or sell any products or services through the Site or Services. You also agree and acknowledge that you will not transmit any chain letters, junk, or spam e-mail to other Users. Further, you will not use any information or content obtained from the Site or Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
f. Assumption of Risk.
You assume all risks when using the Site or Services.
g. Reporting of Violations.
You agree to promptly report to SPapers any violation of this Agreement by others.
- Termination by SPapers
SPapers may terminate your account at any time for any reason whatsoever. All decisions regarding the termination of accounts will be made in the sole discretion of SPapers. SPapers is not required to provide you notice prior to terminating your account. SPapers is not required to disclose a reason for the termination of your account. Even after your account is terminated, this Agreement still remains in effect. All terms that by their nature may survive termination of this Agreement will be deemed to survive such termination.
- Proprietary Rights
a. Ownership of Proprietary Information.
Except for User content, SPapers owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of SPapers, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. License to Posted Information or Content.
By posting information or content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SPapers, a perpetual, non-exclusive, fully paid-up, worldwide license to use, reproduce, publicly display, and distribute such content. You may terminate the license you have granted to SPapers by removing or deleting your content. Copies of your content may remain on SPapers server until such time as the content is overwritten or otherwise deleted.
b. Information we collect that is not personally identifiable:
We use this anonymous information to enhance the visitor experience at the Site, to understand how our Site is used, to communicate with our visitors about information and services relating to the Site, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site. Internally, we use data in the aggregate to analyze our business.
c. What we collect about you that is personally identifiable ("PI") and how we use it:
We collect information that you provide us (including your name, email address, and password) when you register at www.SPapers.com and accept this Agreement. All passwords are stored on our server in encrypted form. If you lose your password, we will generate a new one and send it to you. This Agreement contains the terms of the business relationship between you and us, and contains additional terms relating to PI that apply specifically to individuals who upload content to our web site.
- We use PI to email you or to otherwise contact you electronically about activities relating to the Site and our business, including advertising and promotion. You can opt out of receiving future emails and electronic communications.
- We may disclose PI as required by law and/or in response to service of legal process, such as a court order, summons, subpoena, and the like.
- We use PI to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.
- We do not sell your PI to third parties.
d. How you can access or change the PI that we have collected:
Once you have registered with us by accepting this Agreement you can access your account, review the information that is stored, and revise or delete that information. You will need to email us a written request to delete your entire account.
e. Links to other websites:
We may provide links to third party websites. We are not responsible for the content or information collection practices of those sites, including their privacy policies. Please review the privacy policies of such sites.
f. Changes to this policy:
If we make any significant changes to this policy, we will notify you by email.
Please contact us with any questions and/or comments you may have.
- Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b. Digital Millennium Copyright Act Notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following SPapers Designated Agent:
Attn: Kamy Singer
Address: 2232 South Main Street, unit 248, Ann Arbor, MI 48103-6938
Phone: (734) 709-9759
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Any other requirements under U.S. law.
SPapers may give notice to SPapers’ Users by means of a general notice on this Site, electronic mail to a user’s e-mail address on SPapers’ records, or by written communication sent by first-class mail to a User’s address on SPapers’ records.
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to indemnify, defend and hold harmless SPapers, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (1) your use of or inability to use the Site or Services, (2) any User postings made by you, (3) your violation of any terms of this Agreement, (4) your violation of any rights of a third party, or (5) your violation of any applicable laws, rules or regulations. SPapers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SPapers in asserting any available defenses.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SPAPERS, ITS LICENSORS AND CONTENT PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
- Limitation of Liability and Actions
a. Incidental Damages.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT WILL SPAPERS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST SPAPERS.
b. No Liability for non-SPapers Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPAPERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES.
a. North Carolina Law, Jurisdiction, and Forum for Dispute Resolution.
In order to ensure consistency in the interpretation and enforcement of this Agreement and SPapers rights in the Site, this Agreement will be governed exclusively by North Carolina law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and SPapers related, in any way, to the Site or this Agreement, or any and all disputes, actions, claims, or causes of action related thereto, will be initiated and maintained only in North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
b. Entire Agreement. This Agreement, and any other legal notices published by SPapers on the Site, will constitute the entire agreement between you and SPapers concerning the SPapers Site.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, and all other provisions of this Agreement will remain in full force and effect.
The failure of SPapers to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by SPapers in writing. No waiver will be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement.