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Terms and Conditions Effective Date: This Terms and Conditions Agreement was last updated on 4/16/07. Hot Off The Press, Inc. (“HOTP”) operates the Paper Wishes Online (“PWO”) website (our “Site”) to provide members an easy way to be creative, process, print, digitize, store and share their creations using PWO layouts and their photographs. However, before you enter the our Site or use any of our services, you must carefully review the Terms and Conditions set out below (our "Terms"). In addition, specific pages on our Site may set out additional terms and conditions, all of which are incorporated into these Terms. In the case of inconsistencies between these Terms and information included in other materials, these Terms will always control. By using the PaperWishesOnline.com website you (the “Member”) agree to these terms and conditions. If you do not agree to these terms and conditions, or if you do not agree to use our Site only in a manner consistent with these Terms, you should immediately cease all usage of this website. If you have questions about these Terms, please contact PWO Customer Support : customerservice@paperwishesphotocenter.com. PWO reserves the right, at any time, to modify, alter or update the terms and conditions of this agreement without prior notice. You should periodically check the current status of the PWO Terms here. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.Membership Terms PWO membership (“Membership”) is available to you if you are at least 13 years of age and submit requested information to PWO, including your name and correct email address. When you become a Member, you agree that all information you provide us is current complete and accurate. PWO does not sell, rent or share your information with third parties. We will use your information to keep you informed of PWO and other HOTP initiatives that may be of interest to you. PWO is for your personal use only. Although you may join and use PWO for our free services for a limited time, a condition of continuing Membership is your "Active Participation" in our Site. Active Participation is defined as purchasing product provided by PWO at least once every 12 months. If you cease Active Participation for any reason, PWO may terminate your Membership and your use of our Site, and may remove and discard all information uploaded or created by you within our Site.Image Storage PWO offers free storage of online photos you use in your PWO projects as long as you are an active member. When you upload image content to PWO, the original resolution of your content may be affected depending upon the size of the image. If you upload an image that is larger than necessary for use in any of our layouts we may resize the image downward. You should always preserve your original images, or make back-up copies of them, on your personal computer. You should not use PWO as the only storage location for your photos.Prohibited Content PWO is committed to ensuring that our Site is a fun and safe place to create your projects. Members may have their photos or projects deleted if we believe their content is inappropriate. Examples of inappropriate content are: Pornographic Determination of whether the above example exists in the member’s storage area will be at the sole discretion of PWO. Members will be warned if PWO finds it necessary to delete anything from a member’s space. Upon a second occurrence, the offender’s Membership may be terminated and all storage deleted. PWO does not guarantee the accuracy, quality or appropriateness of Content available on or through our Site. All Content processed on our Site is the sole responsibility of the member who submitted, or created it. By viewing our Site, you may be exposed to images or content that you consider to be offensive. The viewer takes sole responsibility for such exposure.Personal Use Only Your use of our Site may be for personal use only. You may not (1) reproduce, duplicate, copy, sell, resell or exploit any part of our Site, or (2) use or access our Site for any commercial purpose. Third Party Software PWO may make some third party software available to our members. To use such software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. PWO makes no representations or warranties concerning, and neither PWO nor HOTP is liable or responsible for, any performance, effectiveness or other aspect of third party software. Patents and Copyrights Unlike many other “photo processing” web sites, we claim no ownership rights to any uploaded image contained in any of your photos or projects. All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by U.S. and international patents and ©2005 Hot Off The Press, Inc, with all rights reserved. With the exception of member generated documents purchased as downloaded files for printing without modification by the purchaser or his assigns, use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Hot Off The Press, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Hot Off The Press, Inc. Paper Wishes®, Paper Wishes Online and PaperWishesOnline.com are proprietary marks of Hot Off The Press, Inc. Hot Off The Press’ trademarks may not be used in connection with any product or service that is not provided by Hot Off The Press, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hot Off The Press, Inc. Disclaimer of Warranties The site is provided by PWO on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, neither PWO nor HOTP makes any representations or warranties of any kind, express or implied. There are no warranties with regard to the following:
Your use of our Site is at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from downloading any material. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.Members Account All Members of PWO shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify PWO of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Members’ right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of PWO. Termination PWO may, at its sole discretion, terminate your Membership (or any part thereof) or your use of our Site, and remove and discard any Content at any time, without notice, for any reason, including: (1) conduct that violates these Terms or other policies or guidelines set forth by PWO elsewhere within our Site, (2) conduct PWO believes is harmful to other PWO users, the business of PWO, or Hot Off The Press, or (3) failure to maintain Active Participation in our Site. PWO will not be liable to you or any third-party for any termination of your access to our Site. Indemnity YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PWO and HOTP, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "HOTP AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO OUR SITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING OUR SITE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT. LIMITATION OF LIABILITY PWO & HOTP AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THEY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. State Law Chosen The state and federal courts of Oregon are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Oregon. Modification of these Terms PWO may amend these Terms at any time, for any reason, and without notice, including the right to terminate our Site or any part of our Site Agreement These Terms constitute the entire agreement between you and PWO governing your use of our Site. If any inconsistencies exist between these Terms and any information included in other materials on or off our Site, these Terms will always control. The failure of PWO to enforce any provision will not constitute a waiver of such provision. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site or these Terms will be filed within one year after such claim arose, or be forever forfeit. Reporting Violations You can report abuse of these Terms to customerservice@paperwishesphotocenter.com. |