PAPYRUS-RECYCLED GREETINGS, INC.
WEB SITE TERMS OF SERVICE
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree to contract electronically with PRG. PRG agrees that this electronic Terms of Service agreement, combined with your act of using this Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.
We may discontinue, add to, modify, upgrade, or replace all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.
4. INTELLECTUAL PROPERTY
Copyrights: All of the content on this Site, including, but not limited to, any text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of PRG, our partners, or content providers and is protected by United States copyright laws. The contents of this Site are copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without PRG’s prior written consent.
Trademarks: All trademarks, trade names, brand names, and service marks of PRG, or its subsidiary, PRGCO, LLC, whether registered or unregistered, are the property of PRG or PRGCO, LLC and are protected by United States trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without PRG’s or PRGCO, LLC’s prior written consent. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed by PRG are the property of PRG and are protected by United States patent laws. Any use of these patented or patentable assets is prohibited without PRG’s prior written consent.
Limited License: You may display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on this Site or otherwise known to you, download portions of the material from the various locations on PRG solely for your personal, non-commercial use.
Termination of License: If you violate any of these Terms of Service, your permission to use the content of this Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.
5. LINKS TO OTHER WEB SITES
This Site may contain links to third party web sites ("Third Party Sites"). We do not endorse the content on Third Party Sites. The links are provided for your convenience only. We have no control over the content on Third Party Sites; therefore, we are not responsible or liable for any content, advertising or products on or available from such Third Party Sites. You further acknowledge and agree that PRG is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PRG NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PRG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT PRG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
PRG IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PRG NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS SITE; (ii) THE DELAY OR INABILITY TO USE THIS SITE; AND (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. UNSOLICITED IDEAS
PRG does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, PRG’s property. None of the information will be treated as confidential or proprietary, and PRG shall not be liable for any use or disclosure of such information. PRG shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information. Ideas submitted by you either pursuant to a written artist agreement between you and us, signed by a duly authorized officer of PRG, or expressly solicited by us (for instance via our website), shall be subject to the terms stated in such agreement or solicitation.
9. GENERAL LEGAL PROVISIONS
Reservation of Rights. PRG reserves the right to make any changes to the Site in its sole discretion without notice to users. PRG reserves the right to deny or block access to the Site to anyone at any time and to terminate this agreement at any time without notice in its sole discretion.
Indemnification. You agree to defend, indemnify, and hold PRG and its affiliates, employees, contractors, officers, trustees, and other third parties assisting in the operation of the Site harmless from all claims, liabilities and expenses (including attorneys' fees) that may arise from your use of the Site or from your breach of this Terms of Service agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by PRG from its offices in and around Chicago, Illinois. This Terms of Service agreement is governed and controlled by the laws of the State of Illinois. By accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Chicago, Illinois. You consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Chicago, Illinois, you will be responsible for compliance with all local laws of such other locations. A printed version of this agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.