Paperless Post Terms of Service
Effective as of April 19, 2009, updated as of August 31, 2013.
Description of Service:
Paperless Post provides Site visitors (“users,” “you,” or “your”) with online event invitation and social stationery services, including networking, and customized web-to-print social stationery, through the Site and its related services, whether accessible via personal computer, mobile and wireless devices or otherwise (together with the Site, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. To the extent you access the Service through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Paperless Post takes a child’s privacy very seriously, and we adhere to the requirements of the Children’s Online Privacy Protection Act. Accordingly, if you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Your Registration Obligations:
Member Account, Password and Security:
Members are responsible for maintaining the confidentiality of a Member’s password and account, and are fully responsible for any and all activities that occur under a Member’s password or account. Members agree to (a) immediately notify Paperless Post of any unauthorized use of a Member password or account or any other breach of security, and (b) ensure that Members exit from their Member account at the end of each session when accessing the Service. Paperless Post will not be liable for any loss or damage arising from a Member’s failure to comply with this Section.
Modifications to Service:
Paperless Post reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Paperless Post shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that Paperless Post may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum disk space that will be allotted on Paperless Post’s servers on your behalf. You agree that Paperless Post has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Paperless Post reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Paperless Post reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service. You agree to not use the Service to:
post, email or otherwise transmit any content that
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, or hateful racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- infringes any intellectual property or other proprietary rights of Paperless Post or any other party;
- constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- in the sole judgment of Paperless Post, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Paperless Post or its users to any harm or liability of any type;
- "stalk", harass or otherwise violate the legal rights of others;
- harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Resale of Service:
Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Paperless Post, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Site and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to this TOS and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein, without the prior written permission of Paperless Post, is strictly prohibited and will terminate the license granted herein. The technology and software underlying the Service is the property of Paperless Post, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved.
“PAPER by Paperless Post” and the “Paperless Post” name and logo are trademarks and service marks of Paperless Post (collectively the “Paperless Post Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Paperless Post. Nothing in this TOS or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Paperless Post Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Paperless Post Trademarks will inure to our exclusive benefit.
Third Party Material:
Under no circumstances will Paperless Post be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Paperless Post does not pre-screen content, but that Paperless Post and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Paperless Post and its designees shall have the right to remove any content that violates the TOS or is deemed by Paperless Post, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Paperless Post and its affiliated companies and agents a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that you will remove any guest from an event guest list who requests removal.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Paperless Post are non-confidential and Paperless Post shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Paperless Post 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, applicable laws or government requests; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Paperless Post, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Paperless Post respects the intellectual property of others, and we ask our users to do the same. Paperless Post will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Paperless Post’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Meg Hirschfeld, Esq.
New York, NY 10006
(212) 242-1234 phone
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Paperless Post has adopted a policy of terminating, in appropriate circumstances and at Paperless Post’s sole discretion, Memberss who are deemed to be repeat infringers. Paperless Post may also at its sole discretion limit access to the Site and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Hyperlinks to Third Party Websites
The Service may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Paperless Post has no control over such sites and resources and Paperless Post is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Paperless Post shall not be responsible or liable, 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 content, events, goods or services available on or through any such hyperlinked site or resource.
Events and Interactions
Your correspondence, dealings and other interactions with organizations and/or individuals found on or through the Service, including promotion and/or attendance at any event, electronic or personal communications, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or communication with any of these third parties or attending any event posted or promoted through the Service or publicly distributed on the web. You agree that Paperless Post shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or your attendance at any such event.Paperless Post: Digital Stationery Payment, Refunds & Expiration Policy
Payment for Premium Stationery and Premium Customizations with Paperless Post Coins:
Premium Stationery: All digital Paperless Post invitations, save-the-dates, announcements and cards (“Stationery” or “Card”) are free to send to an email address and track on the Site, unless the Card is designated as premium (“Premium Stationery” or “Premium Card(s)”). Each Premium Card is paid for with Paperless Post Coin(s) (“Coin(s)”) upon sending. All Paperless Post follow-up email communications and reminders for any Stationery sent, are free. Any Stationery that is not sent to an email address but is shared by a Member by publicly distributing the card on the web, is not subject to Paperless Post Coin(s) and therefore free.
Premium Customizations: Members may elect to further customize any Stationery, including Premium Stationery, by adding one or more premium customizations to their Cards:
1. An envelope designated as a “ Premium Envelope”,
2. An envelope liner designated as a “Premium Envelope Liner”, and/or
3. A Member’s “Logo” (each a “Premium Customization” and collectively the “Premium Customizations”).
Each Premium Customization is paid for with Paperless Post Coins (“Coins”). Any Stationery, including any Premium Customization(s), that is not sent to an email address but is shared by a Member by publicly distributing the card on the web, is not subject to Paperless Post Coin(s) and therefore free.
Paperless Post Coins: Coins are either purchased in packages, or granted to Members for free on registration and for other rewarded actions. All Coins are saved in a Member’s account. Each Premium Card requires one or more Coin(s) to send. Each Premium Customization(s) will add one or more Coin(s), to each piece of Stationery or Card, whether free or Premium. If a Member has elected to use any Premium Cards and or Customizations, Coins are automatically debited upon sending, based on the number of Cards, multiplied by the number of Coin(s) required for each Premium Card, and or Premium Customization(s) applied. By submitting an order to purchase Coins through the Service, you authorize Paperless Post or its designated payment processor to charge the credit card account you specify for the payment amount. All payments are to be made in United States dollars. You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and Paperless Post reserves the right to collect such taxes or other fees from you at any time. Paperless Post may change its pricing at any time or add new fees and charges from time to time, but will provide advance notice to you of these changes via information on the Site. If a credit card reaches its expiration date, your continued use of the Service constitutes your authorization for Paperless Post to continue billing your credit card and you remain responsible for any uncollected amounts. Paperless Post reserves the right to terminate your account for any reason, including credit card processing issues.
Refunds: Purchases of Paperless Post Coins are not refundable, whether or not used, and are not transferable.
Expiration: Conversion of Paperless Post Stamps existing in a Memberaccount on January 27, 2012: All Paperless Post Stamps in a Member’s account on January 27, 2012 will be converted to Paperless Post Coins: one Coin for one Stamp. As of January 27, 2012 Stamps will no longer be a currency used on the Site. Converted Coins must be used within 24 months from the date of conversion. These Coins will expire after the earlier of January 26, 2014 or upon termination of the account.
Paperless Post Coins existing in a Member account on October 18, 2010: All Coins in a registered Member account on October 18, 2010 do not expire and will remain until used or until the account is terminated.
Paperless Post Coins added to a Member account on or after October 19, 2010:
Free Coins: Coins added to a Member account on or after October 19, 2010 by Paperless Post for free, either granted on registration or for other rewarded actions, must be used within 12 months from the date added. Free Coins will expire after the earlier of 12 months or upon termination of the account.
Purchased Coins: Coins added to a Member account on or after October 19, 2010, by purchase from Paperless Post, either on the Site or from its authorized affiliate, must be used within 24 months from the date added. Purchased Coins will expire after the earlier of 24 months or upon termination of the account.
The Member will be alerted by email, at the address registered with the Member account, 60 days in advance of the expiration date of any Paperless Post Coins that they must be used or they will expire. PAPER by Paperless Post: Web-to-Print Stationery Payment & Refunds/Reprints
Web-to-Print Stationery: Select Paperless Post Stationery and Cards are available for purchase printed on paper (“Printed Card(s)” or “Printed Stationery” ). After customizing the Printed Card on the Site, the Member can choose to purchase one (1) or more Printed Cards printed on cardstock by a Paperless Post printer. Printed Cards are shipped to the Member’s designated shipping address in the continental United States.
Printed Stationery Payment: The purchase price will be calculated at check-out based on the Printed Cards chosen, number ordered and premium customizations added, such as paper thickness and envelope liners. Purchase prices may be subject to state sales tax, and shipping and handling costs will be added. Payments will be made by credit card. By submitting an order to purchase Printed Cards through the Service, you authorize Paperless Post or its designated payment processor to charge the credit card account you specify for the payment amount. All payments are to be made in United States dollars using credit cards with billing addresses in the United States. You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and Paperless Post reserves the right to collect such taxes or other fees from you at any time.
Printed Stationery Refunds/Reprints: Paperless Post cannot provide refunds for Member mistakes, changes in event information or event cancellation. Prior to submitting a print order, the Member must verify accuracy of text and event information. If there is an issue with the quality of some or all of the prints, Paperless Post will reprint some or all of the order at no additional cost to the Member.
By using the Service, sending an event invitation or promoting an event, and/or attending any event posted on, or promoted through, the Service, or publicly distributed on the web, you agree to release, discharge and hold harmless Paperless Post and its subsidiaries and affiliates (the “Paperless Post Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on the Site, and your attendance at any event posted on, or promoted through, the Service or publicly distributed on the web. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Paperless Post and the Paperless Post Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any event posted on, or promoted through, the Service or publicly distributed on the web, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the TOS or your violation of any rights of another.
Disclaimer of Warranties
POSTING EVENTS, AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAPERLESS POST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PAPERLESS POST MAKES NO WARRANTY THAT (I) ANY EVENT OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPERLESS POST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. PAPERLESS POST DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, PAPERLESS POST SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAPERLESS POST AND THE PAPERLESS POST ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAPERLESS POST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE POSTING OF OR ATTENDANCE AT ANY EVENT, (II) THE USE OR INABILITY TO USE THE SERVICE,;(III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL PAPERLESS POST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You or Paperless Post may elect to resolve any controversy or claim arising out of or relating to the TOS or the Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Paperless Post shall advance the costs of such binding arbitration, but you agree that should Paperless Post prevail in the arbitration, Paperless Post is entitled to reimbursement of all costs. The arbitration shall be conducted in New York, NY and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, NY, necessary to protect the rights or the property of you or Paperless Post (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
You agree that Paperless Post, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Paperless Post believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Paperless Post may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Paperless Post may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Paperless Post shall not be liable to you or any third-party for any termination of your access to the Service.
The TOS constitute the entire agreement between you and Paperless Post and govern your use of the Service, superseding any prior agreements between you and Paperless Post with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Paperless Post agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS TOS. The failure of Paperless Post to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the other provisions of the TOS remain in full force and effect. You agree 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOS are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the TOS or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of the TOS or to pose any questions regarding this TOS or the Service.