Terms & Conditions
Terms & Conditions
Using the Site.
You can browse the Website and are not required to have an account to carry out activities on PaperCityMag.com (shopping through merchants, browsing content, etc.), but account or registration information may be required when you link to a third-party site or Merchant from PaperCityMag.com. PaperCityMag.com is not responsible for or affiliated with the policies of those linked websites that you may visit.
All information you provide through PaperCityMag.com, including newsletter registration information, sweepstakes or contest entry, or any other engagement that requires you to enter personal data must be true and accurate. You are responsible for maintaining the accuracy of such information and your own personal confidentiality, and we will not be responsible for misuse of your Registrations by any third party, whether authorized by you or not. You are responsible for all activities that occur when you or an agent of you uses the website. Urban Publishers cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Copyright and Trade Mark Information
If you provide Urban Publishers any feedback or suggestions regarding PaperCityMag.com (“Feedback”), you hereby assign to Urban Publishers all rights in the Feedback and agree that Urban Publishers shall have the right to use such Feedback and related information in any manner it deems appropriate. Urban Publishers will treat any Feedback you provide to Urban Publishers as non-confidential and non-proprietary. You agree that you will not submit to Urban Publishers any information or ideas that you consider to be confidential or proprietary.
“User Content” means any and all information and content that a user submits to, or uses with, the PaperCityMag.com (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Urban Publishers Inc. Because you alone are responsible for your User Content (and not Urban Publishers Inc), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Urban Publishers is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will Urban Publishers be liable for any inaccuracy or defect in any User Content.
License. You hereby grant, and you represent and warrant that you have the right to grant, to Urban Publishers an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
The following sets forth Urban Publishers Inc “Acceptable Use Policy”:
(a) You agree not to post, email, or otherwise make available User Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that includes personal or identifying information about another person without that person’s explicit consent.
- that is false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
- that contains your own or a third party’s advertising, branding or promotional content;
- that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- restrict or inhibit any other user from using and enjoying PaperCityMag.com or the services offered on the website;
- that includes your personal information, such as telephone number, street address, last name, URL or email address;
- that is a “cut and paste” of private messages from other users;
- that re-broadcasts any User Content that violates these terms; or
- that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the PaperCityMag.com to:
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the PaperCityMag.com or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the PaperCityMag.com, other computer systems or networks connected to or used together with the PaperCityMag.com, through password mining or other means;
- tamper with any copyright protection mechanisms applicable to content on any PaperCityMag.com;
- introduce software or automated agents or scripts to the PaperCityMag.com so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the PaperCityMag.com (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, and/or reporting you to law enforcement authorities. If Urban Publishers elects to modify User Content, Urban Publishers nonetheless assumes no responsibility for the User Content.
Links to Third-Party Websites, Ads & Content
This Website may contain links, ads, or content directing to other websites that are not owned or controlled by us. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.
ADDITIONAL TERMS: PURCHASE TERMS
Through sections of the Website, we act as a conduit and facilitator of transactions between merchants and consumers who wish to purchase products through the Website.
Catalogue and Product Descriptions
All features, specifications, products and prices of goods are subject to change at any time without notice and are provided by the applicable merchant advertising goods on the Website. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors and quality of the goods that appear on the Website; however, the actual color and quality you will see will depend on your computer, and we cannot guarantee that your computer will accurately display the color or quality of the item you purchase.
If you are dissatisfied with a purchase for any reason or have a dispute, you should contact the merchant who provided it to you in the first instance. Merchandise may be refunded based on the terms offered in the return policies of each Merchant so please refer to the merchants’ respective websites for more information.
Shipping and Delivery
Items purchased will be shipped in accordance with that merchant’s shipping terms.
THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR ANY EXPRESS WARRANTIES GIVEN IN RELATION TO GOODS SOLD ON THE WEBSITE, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO INDEMNIFY AND HOLD PAPERCITYMAG.COM AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Because we do not control third party payment processing companies, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
- Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Urban Publishers arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the PaperCityMag.com.
- YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND URBAN PUBLISHERS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND URBAN PUBLISHERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Urban Publishers must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Houston, TX. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Houston, TX. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Houston, TX.
- This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Texas, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
Changes to terms and conditions
If you have any questions or concerns regarding the website terms and conditions statement and/or our practices, please contact us at [email protected] with or at the address set forth below:
3411 Richmond, STE 600
Houston, TX 77046