Service Legal Agreement

Welcome to getpaperback.ca. Paperback and/or its affiliates provide website features and other products and services to you when you visit www.getpaperback.ca, use Paperback products or services, use Paperback applications for mobile, (collectively, “Paperback Services”). Paperback provides the Paperback Services subject to the following conditions.

By using Paperback Services, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your use of Paperback Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Paperback Service, you consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Paperback Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Paperback Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Paperback or its content suppliers and protected by Canadian and international copyright laws. The compilation of content included in or made available through any Paperback Service is the exclusive property of Paperback and protected by Canadian copyright laws.

TRADEMARKS

Paperback has applied for Trademark and the application is pending.

LICENSE AND ACCESS

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Paperback or its licensors, suppliers, publishers, rightsholders, or other content providers. No Paperback Service, nor any part of any Paperback Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Paperback. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Paperback without express written consent. You may not use any meta tags or any other “hidden text” utilizing Paperback’s name or trademarks without the express written consent of Paperback. You may not misuse the Paperback Services. You may use the Paperback Services only as permitted by law.

YOUR ACCOUNT

If you use any Paperback Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Paperback does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Paperback reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Paperback reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Paperback a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Paperback the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Paperback for all claims resulting from content you supply. Paperback has the right but not the obligation to monitor and edit or remove any activity or content. Paperback takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Paperback respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately by contacting info@getpaperback.wpengine.com.

RISK OF LOSS

All items viewed through Paperback are made pursuant through a vendor-purchaser relationship. This means that the risk of loss and title for such items pass to you upon selling or purchasing the material. Paperback is not responsible for materials lost following purchase or failed transactions as a result of the vendor-purchaser relationship.

RETURNS, REFUNDS, AND TITLE

Paperback does not take title to lost items, not failed transactions and no refunds will be issued in any situation. By accepting the terms and conditions of this agreement you acknowledge that you are completely responsible for any vendor-purchaser relationship regardless if you are the vendor or the purchaser.

PRODUCT DESCRIPTIONS

Paperback attempts to be as accurate as possible. However, Paperback does not warrant that product descriptions or other content of any Paperback Service is accurate, complete, reliable, current, or error-free. If a product offered by Paperback itself is not as described, your sole remedy is to return it in unused condition to the vendor.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Paperback Service represents the suggested retail price posted by the vendor; which represents the estimated retail value the buyer is willing to pay for such material. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Paperback, such as the Paperback App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

PAPERBACK SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Paperback Services (the “Paperback Software”).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PAPERBACK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAPERBACK SERVICES ARE PROVIDED BY PAPERBACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PAPERBACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PAPERBACK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAPERBACK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAPERBACK SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAPERBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAPERBACK DOES NOT WARRANT THAT THE PAPERBACK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAPERBACK SERVICES, PAPERBACK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PAPERBACK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAPERBACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PAPERBACK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PAPERBACK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Paperback Service, or to any products or services sold or distributed by Paperback or through getpaperback.ca will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Paperback Service, you agree that any dispute falls under Canadian Law.

OUR ADDRESS

673 Topsail Rd., St. John’s, NL A1E 2E3

Additional Paperback Software Terms

1. Use of the Paperback Software. You may use Paperback Software solely for purposes of enabling you to use and enjoy the Paperback Services as provided by Paperback, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Paperback Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Paperback Software or otherwise assign any rights to the Paperback Software in whole or in part. You may not use the Paperback Software for any illegal purpose. We may cease providing any Paperback Software and we may terminate your right to use any Paperback Software at any time. Your rights to use the Paperback Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Paperback Software that are specifically identified in related documentation may apply to that Paperback Software (or software incorporated with the Paperback Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Paperback Service is the property of Paperback or its software suppliers and protected by Canadian copyright laws.
2. Use of Third Party Services. When you use the Paperback Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Paperback Software, whether in whole or in part, or create any derivative works from or of the Paperback Software.
4. Updates. In order to keep the Paperback Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.