USER AGREEMENT
I. Introduction
This contract spells out what you can expect from PapaMedia.com, and what we expect from you.
If you have any questions about any part of the contract, please email us at . We will be glad to explain what these contract provisions mean for you and why they are important for our system. We can also be flexible if you can suggest a mutually satisfactory new approach.
Please remember that until you indicate your acceptance of this agreement, you will not receive full access to our system or services.
In this agreement, we have referred to the PapaMedia.com service and the products provided for sale by PapaMedia.com (when applicable) as the "Service" or "System", to you as the "User", collectively to you and others who have agreed to this document as "Users", and to this contract as the "Agreement".
II. The PapaMedia.com Service
PapaMedia.com is synonymous with books and media products. Because of our access to suppliers across the globe, we are able to provide customers with a selection of over 1 million titles at the lowest possible cost. Our Affiliate Program provides members with access to our unique marketing resources including the Affiliate Website Generator and the Affiliate Reseller Program.
III. User Guidelines
In order to maintain attractiveness and usefulness for all Users, it is important that Users follow certain guidelines and rules. Some of these rules are described in this contract, and the rest in bulletins posted on this page or emailed to Users as necessary. PapaMedia.com reserves the right to deny further access to its Service to any User who violates these rules or is the subject of complaints by other PapaMedia.com Users, or for any other reason, specified or unspecified.
Users may not engage in any of the following activities on our System or any third-party systems associated with or used by our website, such as the Live Help and Forums:
- do or say anything to injure or harm others
- display material containing nudity or pornographic material of any kind
- provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
- defame any person or group
- display material that exploits children under 18 years of age
- violate the rights of another, including but not limited to the intellectual property rights of another (This includes using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including
serial or registration numbers for software programs; or any type of cracker utilities, including files which are solely intended for
game emulation.)
- violate Internet standards
- use the Service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or torturous material, or for invading others' privacy
- interfere with or disrupt the Service, or servers or networks connected to the Service, by posting advertisements or links to competing services, or by transmitting junk mail, spam, chain letters, or other unsolicited mass email distributions
- promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual
- encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or crimes
compromising the security of the Service
- attempt to gain access to System areas private to PapaMedia.com, or to other Users.
IV. Forum
As part of our service to all Users, PapaMedia.com provides a forum for Users to comment on their experiences with the Service and to upload product images, ratings, and reviews. Comments, images, ratings, and reviews posted on the forum will be available for viewing by all PapaMedia.com Users. While we encourage open and unrestricted use of the forum, we do not tolerate offensive conduct. When using the forum, please keep your comments accurate, constructive, and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to you, the User. PapaMedia.com reserves the right to terminate this agreement and restrict future access to the Service to Users who post comments that are defamatory, hostile, vulgar, or otherwise distasteful.
V. Disclaimer of Information and Products Obtained from the Service
PapaMedia.com is not responsible for, and in no way endorses or supports, any description, text, or suggestion in or about any of the products it
or its affiliates may sell. Although PapaMedia.com is a family-oriented site, it may not be held liable for any offensive text, images, or other media form that appears on the Service or in any products for sale by the Service.
VI. Confidentiality
PapaMedia.com makes every effort to maintain the confidentiality of any information submitted by Users. However, PapaMedia.com is not responsible for the release of such information due to error or failure in the System.
VII. Indemnification
The User agrees that PapaMedia.com is not responsible for any harm that this Service, or any products or content provided by this Service, may cause. The User agrees to indemnify, defend, and hold PapaMedia.com harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, or expenses arising from or in connection with the contents or use of the Service or products provided by the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties, and covenants. The User further agrees that this defense and indemnity shall include, without limitation, attorney fees and costs. The User also agrees that this defense and indemnity shall apply to PapaMedia.com, its affiliates, directors, officers and employees. PapaMedia.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and the User shall not in any event settle any matter without the written consent of PapaMedia.com
VIII. Communications and Other Data
PapaMedia.com is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other cause.
IX. Other PapaMedia.com Rights
PapaMedia.com also reserves the following rights:
- to release current or past User information, pursuant to the terms of the Privacy Policy, in the event PapaMedia.com believes that the corresponding accounts are in violation of the terms of service or page-content guidelines, or have been or are being used to commit unlawful acts; if the information is subpoenaed; and/or if PapaMedia.com deems it necessary and/or appropriate.
- to deny service to offenders of these guidelines or the Agreement
- to terminate or deny service to anyone for any reason, specified or unspecified
X. Modifications to Terms of Service
PapaMedia.com may change this Agreement at any time.
The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.
XI. Modifications to Service
PapaMedia.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User
agrees that PapaMedia.com shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that PapaMedia.com may immediately delete data and files in the User's account and bar any further access to such files or the Service.
XII. PapaMedia.com's Proprietary Rights
PapaMedia.com owns certain parts and attributes of this System, including the "look and feel" of the System, the name of the System, contents of the System, and the collective-work copyright to sequences of public messages on the System. Users cannot reproduce any message thread from the System, either electronically or in print, without PapaMedia.com's permission and the permission of all participants in the thread. This is not a complete list—other parts of the System are also PapaMedia.com property. Contact PapaMedia.com before copying anything from the System with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, other material contained in the Service, and information presented through the Service, are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by PapaMedia.com or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express authorization.
XIII. Disclaimer of Warranties and Limitation of Liability
A concern for PapaMedia.com is that we might be held accountable for the wrongful actions of our Users.
Accordingly, we require all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on PapaMedia.com, but only on the other User.
Although it is PapaMedia.com's goal to provide Users with a reliable, quality system, we may make mistakes or experience system failure from time
to time. Such problems are inevitable in operating a system of this size. We would not be able to make this Service available to Users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, PapaMedia.com must deny any warranties on this service and insure that our liability for any problems connected with the use of our System is strictly limited.
These needs are accomplished by the following disclaimers:
Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PapaMedia.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PapaMedia.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES PapaMedia.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. PapaMedia.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM PapaMedia.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
THE USER AGREES THAT PapaMedia.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES; EVEN IF PapaMedia.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT PapaMedia.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR UNJUSTIFIED, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
XIV. Arbitration
Any controversy or claim arising out of or relating to this Agreement or PapaMedia.com Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered by any court having jurisdiction therein. Either the User or PapaMedia.com may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York, necessary to protect the rights or property of the User or PapaMedia.com pending the completion of arbitration. This arbitration clause does not prohibit either PapaMedia.com or the User from seeking to have the arbitration dismissed or judicially terminated on the basis that the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed a court of general jurisdiction within New York City, New York.
XV. General
This agreement (the Agreement) incorporates by reference our Privacy Policy and any notice by PapaMedia.com contained in any of its Web site pages, and constitutes the entire understanding between the User and PapaMedia.com regarding the User's relationship to our Service.
Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since PapaMedia.com cannot
monitor all these laws and their requirements, the Agreement and the relationship between the User and PapaMedia.com shall be governed by the laws of the State of New York without regard to its conflict-of-law provisions.
If PapaMedia.com fails to exercise or enforce any right or provision of this Agreement, that failure shall not be construed as a waiver of the
right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The
section titles in the Agreement are for convenience only and have no legal or contractual effect.
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