Thank you for visiting shoppapertwist.com ("Website"). Before using shoppapertwist.com, please review the following terms that govern your use and purchase of products from this Website. Shoppapertwist.com provides online services ("Online Services") to you, subject to the terms of this Online Service Agreement ("OSA"). Your use of shoppapertwist.com indicates your agreement to be bound by this OSA. This OSA comprises the entire agreement between you and shoppapertwist.com and supersedes any prior agreements between you and shoppapertwist.com with respect to the subject matter hereof or thereof. Shoppapertwist.com may revise this OSA at any time, without notice to you. All revisions to this OSA shall be effective immediately upon posting such revisions at www.shoppapertwist.com/legal. You agree to review the OSA periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 12, (Termination) below. Your continued use of this Website and Online Services following posting of the revised OSA shall be conclusively deemed to be acceptance of all such revisions. The term "shopppapertwist.com" used in this OSA means shoppapertwist.com and Paper Twist LLC.
3. Rights and Responsibilities
3.1 Content. you acknowledge that unless otherwise noted, the contents of this Website, including, but not limited to, products, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, "Content") is owned, licensed or controlled by shoppapertwist.com or its third party suppliers; and is protected by United States and international copyright, trademark and/or other intellectual property law. Moreover, the compilation of all Content on this Website is the exclusive property of shoppapertwist.com and is protected by U.S. and international copyright, trademark and other applicable intellectual property laws.
3.2 Rights. You acknowledge that (a) Contents of this Website, and the Website as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from shoppapertwist.com) use by the users of this Website; (b) Shoppapertwist.com permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Shoppapertwist.com or third parties (collectively, "Rights"), (c) these Rights are valid and protected in all media existing now or later developed, and (d) except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of Shoppapertwist.com. Shoppapertwist.com grants you a limited license to access and make personal use of this Website and does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shoppapertwist.com, or where expressly permitted. You agree not to use or resell Shoppapertwist.com or the services it provides for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
4. Member Conduct and Communication
4.1 General. Shoppapertwist.com may elect at its sole discretion to monitor some, all or none of the areas of your use of the Website for adherence to this OSA. You agree to use Shoppapertwist.com solely for lawful purposes. Any conduct by you that, in Shoppapertwist.com's sole discretion, restricts or inhibits any other person or entity from using or enjoying the website or any service provided by the website, will not be permitted and shall entitle Shoppapertwist.com to immediately terminate your membership without notice.
4.2 Information provided by You. You agree that any information you provide to Shoppapertwist.com is truthful and accurate. You acknowledge that Shoppapertwist.com does not pre-screen content submitted by users, but that Shoppapertwist.com shall have the right (but not the obligation) in its sole discretion to refuse or move any content that is made available via Shoppapertwist.com by any user that violates this OSA or is otherwise objectionable. You also acknowledge and agree that Shoppapertwist.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this OSA; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Shoppapertwist.com, its users and the public.
4.4 Shoppapertwist.com's Communications with you. You agree that Shoppapertwist.com may send electronic mail to you for the purpose of advising you of upcoming events in your calendar, changes or additions to this Website, about any of Shoppapertwist.com's products or services, or for such other purpose(s) as Shoppapertwist.com deems appropriate.
4.5 Your Representations and Warranties. You represent and warrant that you own or otherwise control all of the rights to any content you submit or post to or through this Website; that the content is accurate; that use of the content you supply does not violate this OSA and will not cause injury to any person or entity; and that you will indemnify Shoppapertwist.com for any and all claims resulting from content you supply.
5. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL SHOPPAPERTWIST.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR CONTENTS IN THIS WEBSITE, EVEN IF SHOPPAPERTWIST.COM OR A SHOPPAPERTWIST.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHOPPAPERTWIST.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
6. DISCLAIMER OF WARRANTIES THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOPPAPERTWIST.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHOPPAPERTWIST.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPPAPERTWIST.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT SHOPPAPERTWIST.COM) ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT RED STAMP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Product Information Disclaimer
It is our intent to provide the most up-to-date and accurate information available throughout this Website and in our communications with you, however, there may be occasions where information on Shoppapertwist.com contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. Shoppapertwist.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, Shoppapertwist.com reserves the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Red Stamp purchase you may return it with your invoice to us by mail within thirty (30) days of the date printed on the invoice.
8. Pricing Information
The prices displayed within this Website are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
10. Links to Other Websites and Services
To the extent that this Website contains hyperlinks to outside services and resources, the availability and content of which Shoppapertwist.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
By acceptance of this agreement as evidenced by use of this Website, you agree to defend, indemnify and hold harmless Shoppapertwist.com, its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damages, liabilities, settlement, costs or expense (including legal expenses and the expenses of other professionals) as incurred, resulting from or arising out of any claim in connection to the use of either Shoppapertwist.com's Website, its services or from the breach of this OSA. Shoppapertwist.com shall have the right to investigate, compromise, and defend any claim alleged against you that relates to this Website, the OSA or the services offered by Shoppapertwist.com. Shoppapertwist.com shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of Shoppapertwist.com's selection without relieving you of any obligations hereunder at Shoppapertwist.com's sole expense. Any final judgment rendered against Shoppapertwist.com for any cause of action for which you are liable hereunder shall be conclusive against you as to liability and amount. Your obligations herein shall survive any termination of this OSA.
This OSA is effective unless and until terminated by either you or Shoppapertwist.com. You may terminate this OSA at any time. Shoppapertwist.com may also terminate this OSA at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Shoppapertwist.com's sole discretion you fail to comply with any term or provision of this OSA. Upon any termination of this OSA by either you or Red Stamp, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this OSA or otherwise13. Governing Law and Jurisdiction
This OSA and any disputes relating to this OSA, to your visit to the Website or to the products purchased through the Shoppapertwist.com will be governed and construed in all respects by the internal laws and decisions, other than conflict of laws provisions, of the State of North Carolina, including, without limitation, all matters of construction, validity, enforcement and performance. Any dispute relating in any way to this OSA, to your visit to Shoppapertwist.com or to the products you purchase through Shoppapertwist.com shall be submitted to confidential arbitration in Charlotte, North Carolina, except that, to the extent you have in any manner violated or threatened to violate Shoppapertwist.com's intellectual property rights, Shoppapertwist.com may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this OSA shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this OSA shall be joined to an arbitration involving any other party subject to this OSA, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Shoppapertwist.com.
This OSA contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral negotiations, agreements, representations and warranties between them relating to the subject matters hereof. If any provision of this OSA shall be held to be invalid or unenforceable in any respect, such provision shall be carried out and enforced to the extent to which it shall be valid and enforceable, and any such invalidity or unenforceability shall not affect any other provision of this OSA, all of which shall be fully carried out and enforced as if such invalid or unenforceable provision had not been set forth herein. Shoppapertwist.com makes no representation that materials in this Website are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
15. Copyright Agent
Shoppapertwist.com values the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Shoppapertwist.com's Copyright Agent and provide a description of the copyrighted material that you believe is infringed, including how you believe it was infringed, a URL from the Website where the work appears, and your contact information. Please send your copyright information to: scoop@Shoppapertwist.com
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