Terms of Use

TERMS OF USE FOR PAPERCLIP PUBLISHING, LLC

 

Last Updated: June 9, 2021

 

Please read these Terms of Use carefully before purchasing, accessing or using any of our Website Materials, Programs, Products, Services, Events and App(s).

 

TERMS OF USE

By purchasing, accessing or downloading any of our Website Materials, Programs, Products, Services, Events and App(s) (“Materials”, “Programs”, “Products”, “Services”, “Events”) from Paperclip Publishing, LLC (“Company”, “we”, or “us”) including but not limited to www.paperclippublishing.com, Paperclip Social, all apps published by Paperclip Publishing, LLC whether for tablets, smart TVs, social media platforms, mobile devices or other platforms (“Apps”), all digital newsletters, any and all interactive features, services or communications provided by Paperclip Publishing, LLC, You agree and consent to the following legal terms and conditions that govern Your use of the Website Materials, Programs, Products, Services, Events and App(s) form a legal agreement between You and the Company, its affiliated subsidiaries and related entities. The term “You” refers to any purchaser and/or user of any of our Website Materials, Programs, Products, Services, Events and App(s). 

 

By using any of our Materials, accessing or downloading our Program, Apps or attending our virtual or in-person Events, You are agreeing to the terms within this Terms of Use, the Privacy Policy as they appear on our Website, App, and other sites and that You are legally bound by them, whether or not You have read them, as well as any and all updates to these Terms and any policies put forth from time to time. Should You be permitting a minor to use the Website Materials, Programs, Products, Services, Events and App(s), You are also agreeing that the minor will adhere to these Terms and any and all policies. If at any time You do not agree with these Terms of Use, please do not use our Website Materials, Programs, Products, Services, App(s) or attend our Event(s). Your continued use of our Website Materials, Programs, Products, Services, Events and App(s) indicates that You have accepted and agree to any and all modifications.

 

CHANGES TO TERMS OF USE

We reserve the right to amend or update these Terms of Use at any time with or without notice to You, and may also add new features or functionality to, or change or remove existing features or functionality from, our Website Materials, Programs, Products, Services, Events and App(s) that will be subject to the Terms of Use. Any User who continues to use the Website Materials, Programs, Products, Services, Events and App(s) after any changes are made will be deemed to have agreed to those changes. By accepting these Terms of Use, You acknowledge that You have read them carefully. 

 

ARBITRATION NOTICE

These Terms of Use require that any and all disputes between You and Company will be resolved by binding, individual arbitration on an individual basis, rather than jury trial, and limit the remedies available to You in the event of a dispute. You understand that You waive Your right to participate in a class action lawsuit or class-wide-arbitration and that You are waiving certain other legal rights and You are voluntarily agreeing to do so.

 

USE AND CONSENT

By purchasing or using any of our Website Materials, Programs, Products, Services, App(s) and/or attending our Events, You acknowledge and agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, and any and all other Terms and Conditions that may apply. Accessing, purchasing, viewing, or using our Website Materials, Programs, Products, Services, Events and App(s) constitutes use of the Product, Program or Service.

 

All of our Materials, Programs, Products, Services, Events and App(s) are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Website Materials, Programs, Products, Services, Events and App(s) by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Website Materials, Programs, Products, Services, App(s) and/or attending our Events, You represent and warrant that You are at least 18 years old.

 

Any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. If You are under 18 years of age You may use the Service only if You either are an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

You are responsible for making all arrangements necessary for You to have access to our Materials, Programs, Products, Services, Events and App(s) and ensuring that all person who access such through your internet connection are aware of these Terms of Use and are at least 18 years old.

 

INTELLECTUAL PROPERTY RIGHTS

Our Materials, Programs, Products, Services, Events and App(s) derived from, are the property of Company and/or our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. When You use any of our Materials, Programs, Products, Services, App(s) and/or attend an Event You are agreeing that You are clearly and expressly prohibited from copying, sharing or otherwise using the Materials in whole or in part in any way which is unauthorized by the Terms within this Terms of Use.

 

As a Licensee of our Materials, Programs, Products, Services, Events and App(s), You understand and acknowledge that all materials have been created, curated and developed by Company using significant time, effort, expenses and investment and that as such, all material is a valuable and unique asset belonging to Company and shall not be used in an improper or unauthorized manner. You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

 

By enrolling in, purchasing, attending or engaging our Materials, Programs, Products, Services, Events and App(s), You specifically acknowledge and agree that You are expressly prohibit from the following:

 

  • You shall not engage in improper and/or unauthorized use of our Materials, Programs, Products, Services or App(s), which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed or purchased through our Materials, Programs, Products, Services, Events or App(s), or any other communications provided by us for Your own personal use, business/commercial use or in any way that earns You money.

  • You shall not participate in the following:

    • Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products, Programs or Services;

    • Representing Yourself out to be the creator of our Materials, Programs, Products, Services, Events and App(s) in whole or in part;

    • Engage in any activity using our Materials, Programs, Products, Services, Events and App(s) for Your personal use, in a business/commercial use or in any way that earns You money;

    • Change or remove any copyright and other proprietary notices from our Materials, Programs, Products, Services, Events and App(s);

    • Modify, or create derivative works based on our Materials, Programs, Products, Services, Events and App(s);

    • Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within our Materials, Programs, Products, Services, Events and App(s)whether for Yourself or for a third party;

    • Use our Materials, Programs, Products, Services, Events and App(s) in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Company, or (d) that is otherwise exploitative for any commercial purpose; 

    • Download quantities of our Materials, Programs, Products, Services, Events and App(s) to a database for any reason;

    • Decompose, disassemble, or reverse engineer any part of any our Materials, Programs, Products, Services, Events and App(s), or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of our Materials, Programs, Products, Services, Events and App(s);

    • Develop functionally similar products or services to any of our Materials, Programs, Products, Services, Events and App(s);

    • Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in our Materials, Programs, Products, Services, Events and App(s) technology and systems; or

    • Attempt to circumvent any restriction in any or our Materials, Programs, Products, Services, Events and App(s) based upon age, geography, or other restriction imposed by us

 

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Materials, Programs, Products, Services, Events and App(s) as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or may be a criminal offense.

 

Any trademarks, taglines, and logos displayed on our Materials, Programs, Products, Services, Events and App(s)are trademarks belonging to us. All trademarks reproduced in this Website or App, which are not the property of, or licensed to us, are acknowledged on the Website or App. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

 

For those trademarks, taglines, and logos for which You are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by You for any reason without our express written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

WORK PRODUCT

We agree that You hold all intellectual property rights in any of the work products You produce as a result from participating in our Materials, Programs, Products, Services, Events and App(s) including but not limited to copyright and trademark rights. We agree not to hold any claims towards any work product derived from Your participation in any Materials, Programs, Products, Services, Events and App(s). This does not apply if you are a traditionally published author with Company, an assigned content creator, or enter into a separate agreement with Company.

 

COPYRIGHT INFRINGEMENT CLAIMS

You agree that by submitting any manuscripts, ideas, books, materials or other proprietary information to our Website Materials, Programs, Products, Services, Events and App(s), You may be limiting your copyright and trademark rights. Company shall do the best we can to protect any and all copyright and trademark rights of the authors who submit any manuscripts, ideas, books, materials or other proprietary information to the Program, but cannot guarantee protection against cyber-attacks, cyber leaks and/or any third-party who may potentially penetrate Company’s secured networks. 

 

Should You believe a copyright or trademark infringement has occurred with regard to Your submitted manuscripts, ideas, books, materials or other proprietary information and You wish to file a copyright or trademark infringement notification with Company, please email company at hello@paperclippublishing.com.

 

OUR LIMITED LICENSE TO YOU

Our Materials, Programs, Products, Services, Events and App(s) are protected by copyright, trademark, and other intellectual property laws, and the content in such is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Materials, Programs, Products, Services, Events and App(s) or any other material or aspects of Materials provided by us to You. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

 

By purchasing, downloading or accessing our Materials, Programs, Products, Services, Events and App(s), You are being granted a limited license and as such are considered to be a Licensee. As a Licensee, You are granted the expressed permission to download, print and participate in any of our Materials, Programs, Products, Services, Events and App(s) for Your personal use and are expressly prohibited from sharing the Materials, Programs, Products, Services, Events and App(s) with friends, family, colleagues, etc.

 

You understand and acknowledge that You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Materials, Programs, Products, Services, Events and App(s). This license does not include any resale or commercial use of any part of our Materials, Programs, Products, Services, Events and App(s), or its contents; any collection and use of any book listings, descriptions, reviews or other material included in our Materials, Programs, Products, Services, Events and App(s). 

 

All rights not expressly granted to You in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, users or other content providers. No part of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 our Materials, Programs, Products, Services, Events and App(s) without our express written consent from Company. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse our Materials, Programs, Products, Services, Events and App(s). You may use our Materials, Programs, Products, Services, Events and App(s) only as permitted by law. The licenses granted by us terminate if You do not comply with this Agreement.

 

YOUR LICENSE TO US

By posting or submitting any materials and/or content on or through our Materials, Programs, Products, Services, Events and App(s), such as comments, posts, photos, images, manuscripts or videos or other contributions, You are representing that You are the owner of all such materials, and You are at least 18 years old.

 

By submitting or posting any comments, photographs, images, videos, audio recordings or any other submissions for use on or through our Website or App, You are granting to us, and anyone authorized by us, consent to make it part of our current or future Website, Materials, Programs, Products, Services, Events and App(s). This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from You or compensation by us to You. You may, however, at any time, ask us to delete this information. The voluntary submission of such information grants to us, and anyone authorized by us, consent to identify You as the author of any such comments, photographs, posts, images, video or audio recordings by name, email address, avatar or user/screen name.

 

You also grant to use, any anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such comments, photographs, images, videos, audio recordings or any other submissions in whole or in part, in any manner or medium. Please note that royalties may apply to self-publishers or traditionally published authors through Company website or app.

 

COMPANY HYPERLINK

You may use a hyperlink to our website, app, or content so long as the link does not state, imply or otherwise suggest any sponsorship, endorsement by, or ownership by in our Website, Materials, Programs, Products, Services, Events and App(s)and does not state or imply that we are have sponsored, endorsed or have ownership rights in Your website or app. Furthermore, You may not frame or inline link our Content without our written permission.

 

LINKS TO OTHER WEBSITES OR APPS

From time to time, we may provide links to other websites or apps maintained by third parties. These links are provided for Your convenience and the inclusion or suggestion to use these links does not imply our endorsement, sponsorship or approval of that website or app by the Company. Company does not endorse, sponsor nor are we responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website, app, or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites or apps that may be included our Materials, Programs, Products, Services, Events and App(s). We have no control over the contents or functionality of those websites or apps and so we accept no responsibility for any loss, damage, or otherwise that may arise from Your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website, apps, or their content. It is Your responsibility to review the terms and conditions and privacy policies of those linked websites or apps to confirm that You understand and agree with those policies.

 

MEDIA RELEASE

Participation in, viewing and using our Materials, Programs, Products, Services, Events and App(s), including our Facebook community, implies consent to view your photographs, audio recordings, video recording and images with others in the Facebook community and You acknowledge that these photographs, audio recordings, video recording and images may be used in connection with marketing materials, promotional efforts or current or future our Materials, Programs, Products, Services, Events and App(s), without compensation to You at any time, now or at any time in the future.

 

CONSENT TO RECORD

Paperclip Publishing, LLC, from time to time, may host webinars, events, workshops, masterclasses, trainings, challenges, question and answer sessions and/or any other type of instructional or educational meetings (“Meeting”) which may be recorded. By agreeing to this Terms of Use, You acknowledge and consent to be recorded during a Meeting which you may attend. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from You or compensation by us to You. You further consent and grant Company a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such recorded meetings in whole or in part, in any manner or medium such as on our Website or App, for marketing purposes, on our social media platforms or in promotions for our Materials, Programs, Products, Services, Events and App(s). Paperclip Publishing, LLC maintains all private information and confidentiality for anyone who attends a Meeting and further agrees not to share any confidential information, whether in a public or private manner, unless as required by law.

 

REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE You wish to use it by sending an e-mail to hello@paperclippublishing.com.

 

The email should clearly state the following:

  • Your intent to use our Materials, Programs, Products, Services, Events and App(s), in whole or in part, and the specific name of the Product, Program, Service or Program Material You wish to use;

  • The specific manner in which You wish to use the Materials, Programs, Products, Services, Events and App(s) 

 

Should You be granted permission by Company to use the requested Materials, Programs, Products, Services, Events and App(s), You agree to use the Content only in the manner in which Company give specific written permission to do so.

 

If You use the Content in ways that are not specifically granted to You by Company’s expressed written permission, You agree that Company shall have all remedies available to us under the law as if You had copied, duplicated and/or stolen such Content in direction violation of Intellectual Property and ownership rights as well as a direct violation of these Terms of Use.

 

CONFIDENTIAL INFORMATION

To use our Materials, Programs, Products, Services, Events and App(s) we may seek Confidential Information, or You may offer or provide a comment, photograph, image, video, audio recording, e-mail address, phone number, street address, billing information, birthday, preferences, interest, assignments or any other personally identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, You expressly grant to Company permission to use and store such information. In turn, we will use our best efforts to maintain your confidential information in a safe, secure and confidential manner in accordance with these Terms of Use and our Privacy Policy. If You believe that any of your Confidential Information is incorrect or incomplete, please contact the Company as soon as possible so that we may correct any and all incorrect information. 

 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows: 

  1. Pursuant to the terms in this Terms of Use and Privacy Policy and our Disclaimer; 

  2. If we are required to do so by law;

  3. In the good-faith belief that such action is necessary to conform to the law; 

  4. To comply with any legal process served on either us or our partners, sponsors, investors, or affiliates;

  5. To protect and defend our rights or property or those of our users or purchasers, and/or;

  6. To act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public.

 

We will not sell, distribute or lease Your Confidential Information to third parties unless we have your permission or are required by law to do so.

 

You agree and acknowledge that all communications, solicited feedback, and other materials submitted to our Materials, Programs, Products, Services, Events and App(s), whether via email or submitted directed to the Program, are not confidential, non-proprietary and may be viewed by others who are using the Program. By submitting material, comments and content to the Program, and subject to any limitations under applicable law, You give up any claims that the use of that material violates any of Your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, You grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that You have all necessary rights in such posting. Company shall not be required to provide compensation for any materials, communications, content or information including but not limited to creative, financial, business, commercial, etc. for any submitted in any manner.

 

Any opinions, advice, commentary, feedback, communications and all other information expressed by any third parties on within the Program or Materials represent their own views and not those of Company. You should not rely on such opinions, advice or other information. 

 

WHAT COMPANY DOES WITH CONFIDENTIAL INFORMATION

Company requests and requires various personal data and/or Confidential Information through registration of, purchase of, use and viewing of our Materials, Programs, Products, Services, Events and App(s) as well as directly requested information from our consumers.

 

Company acknowledges that we may use such data and Confidential Information for the following:

  1. Internal billing and/or record keeping (such as tracking of income, users, followers, social media or otherwise, etc.);

  2. To improve, promote and/or customize our current and/or future Materials, Programs, Products, Services, Events and App(s) or special offers and promotions;

  3. Data for research purposes; 

  4. All data and Confidential Information are stored in a data management system which can only be accessed by Company or its representatives, staff, affiliates, or those who would help manage such information by direction and control of Company.

 

If at any point, you wish not to receive any promotional materials associated with our Materials, Programs, Products, Services, Events and App(s), you may send an email to hello@paperclippublishing.com to unsubscribe and be removed from our email list.

 

VIEWING CONFIDENTIAL INFORMATION BY OTHERS

By agreeing to these Terms of Use, You understand and acknowledge that whenever you make your Confidential Information, data or any such other information available for viewing by others, such Confidential Information, data or any such other information may also be seen, heard, collected and used by others and therefore Company does not assume responsibility for any unauthorized use by others that You voluntarily share online or in any other manner.

 

HOW WE USE COOKIES

Company uses “cookies” in the manner of the standard feature of major web browsers. Company does not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. Should You choose to disable cookies through Your web browser settings, You may disable certain features in our Materials, Programs, Products, Services, Events and App(s).

 

PAPERCLIP SOCIAL AND OTHER GROUPS

Certain Materials, Programs, Products, Services, Events and App(s)offered by Company come with Groups, Feeds, and other interactive tools. These Terms apply to the Paperclip Social App and Website. Furthermore, You understand that the Paperclip Social App, website, and other forms of Social Media are public platforms and therefore, we cannot guarantee Your privacy for things that You voluntarily share on the app and website as other members will also see what is posted.

 

PRIVACY

Please review our full Privacy Policy for how we use and handle all of Your information as well as Your rights to such information.

 

PASSWORDS AND ACCOUNT ACCESS

In order to use certain Materials, Programs, Products, Services, Events and App(s), or certain features of, You may be issued or asked to create a username and password of Your choosing. You are responsible for maintaining the confidentiality of the username and password and are responsible for all activities that occur while using Your username, password or account, and to protect Your own password from disclosure to others. Company does not permit You to share Your username and/or password and we reserve the right to immediately terminate Your access to our Materials, Programs, Products, Services, Events, Website, App(s), private forum, Facebook group or any other related communications. Company is not liable for any loss or damage arising from Your failure to protect Your password or account information. If You share Your password(s) with anyone, they may be able to obtain access to Your personal information at Your own risk. You agree to notify Company immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. By using our Materials, Programs, Products, Services, Events and App(s), You agree to enter true and accurate information as part of the registration, purchase process and otherwise. If You enter a false email address, we have the right to immediately deactivate Your account. We will use our best efforts to keep Your password(s) private and will not otherwise share Your password(s) without Your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

 

SECURITY

By applying for, enrolling in, purchasing, accessing or using our Materials, Programs, Products, Services, Events and App(s), Company may request and collect personal data including but not limited to Your name, email address, telephone number, billing information, address, credit card/debit card/bank account information, demographic information, preferences, interests or other personally identifying information (“Confidential Information”). Providing such Confidential Information grants us permission to use and store such Confidential Information in accordance with our Privacy Policy and Terms and Conditions.

 

Company has security measures in place to prevent the loss, misuse, and alteration of any and all information that is obtained from You. However, Company makes no assurances about our ability to prevent such loss, misuse to You or any third party arising out of any such loss, misuse or alternation. Company will use our best efforts to keep your Confidential Information safe, secure and confidential. Due to the nature of the internet, Company cannot completely ensure nor warrant the security of your Confidential Information or any other data or information transmitted to us. Therefore, submitting Confidential Information is done at your own risk.

 

ASSUMPTION OF RISK & DISCLAIMER

As a Licensee, You agree that using our Materials, Programs, Products, Services, Events and App(s) are done at Your own risk and acknowledge that these Materials, Programs, Products, Services, Events and App(s) are for informational and educational purposes only. You assume all risks. Company makes no guarantees related to income, success, increased revenue, projected sales, improvements or decline in physical health, mental health, spirituality, interpersonal relationship, emotional wellbeing and career in any way related to the use of these Materials, Programs, Products, Services, Events and App(s). Our Materials, Programs, Products, Services, Events and App(s) are merely to provide You with education and tools to help You make Your own decisions for Yourself. You are solely responsible for Your actions, decisions and results based on the use, misuse or non-use of our Materials, Programs, Products, Services, Events and App(s).

 

We take every precaution to protect our Materials, Programs, Products, Services, Events and App(s), however, we cannot completely ensure or warrant the security of our Materials, Programs, Products, Services, Events and App(s). Company makes no assurances about the ability to prevent any loss or damage to You, or any other person, company or entity arising out of the use of our Materials, Programs, Products, Services, Events and App(s) and You agree and acknowledge to assume the risk in using our Materials, Programs, Products, Services, Events and App(s). You assume and accept the risk of not achieving any results (or less than desirable results) from participating in Company’s Materials, Programs, Products, Services, Events and App(s).

 

Company expressly excludes any and all liability for direct, indirect or consequential loss or damage incurred by You or others by using or in connection to our Materials, Programs, Products, Services, Events and App(s), to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

 

You specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any other Materials, Programs, Products, Services, Events and App(s) participant or user, including You.

 

MEDICAL DISCLAIMER

Company’s Materials, Programs, Products, Services, Events and App(s) are not, and in no way should, be perceived as or relied upon in any way as medical or mental health advice. The information contained in our Materials, Programs, Products, Services, Events and App(s) are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by Your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information You have read in our Materials, Programs, Products, Services, Events and App(s), or received from us. Do not stop taking any medications without speaking to Your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If You have or suspect that You have a medical or mental health issue, contact Your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

 

LEGAL AND FINANCIAL DISCLAIMER

Company’s Materials, Programs, Products, Services, Events and App(s) are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Materials, Programs, Products, Services, Events and App(s) is not intended to be a substitute for professional advice that can be provided by Your own accountant, CPA, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with Your own accountant, lawyer or financial advisor for any and all questions and concerns You have regarding Your own income and taxes pertaining to Your specific financial and/or legal situation. You agree that we are not responsible for Your earnings, the success or failure of Your business decisions, the increase or decrease of Your finances or income level, or any other result of any kind that You may have as a result of information presented to You through our Materials, Programs, Products, Services, Events and App(s). You are solely responsible for Your results.

 

EARNINGS DISCLAIMER

As a Licensee, You accept and understand that each individual receives results which differ from Licensee to Licensee and that Company expressly disclaims all responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that Your results are strictly Your own and we are not liable or responsible in any way for Your results. Company does not have and does not make any representations as to health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of Your participation in any of our Materials, Programs, Products, Services, Events and App(s). Company does not make any guarantees in terms of particular results, positive, negative, financial or otherwise, through of the use of our Materials, Programs, Products, Services, Events and App(s).

 

WARRANTIES DISCLAIMER

Company makes no warranties as to our Materials, Programs, Products, Services, Events and App(s). You expressly agree and acknowledge that our Materials, Programs, Products, Services, Events and App(s) are provided “as is” and without warranties of any kind expressed or implied. Pursuant to all applicable law, Company disclaims all warranties, express or implied, to the fullest extent of the law, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, we do not warrant that our Materials, Programs, Products, Services, Events and App(s) will be correct, uninterrupted, function, appropriate or error-free, that defects will be corrected, or that any part of the website, app, content, link, materials or otherwise will be free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Materials, Programs, Products, Services, Events and App(s) or on third-party websites or apps in terms of their correctness, accuracy, timeliness, reliability or otherwise.

 

TECHNOLOGY DISCLAIMER

Company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, error-free of our Materials, Programs, Products, Services, Events and App(s) through methods like our Website, apps, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, eBooks, or any other materials provided by us to You. Every effort has been made to present to You with the most accurate, up-to-date information in our Materials, Programs, Products, Services, Events and App(s). However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You acknowledge that the content and such information may contain inaccuracies or errors and Company is not liable for any such inaccuracies or errors to the fullest extent permitted by the law.

 

Company cannot guarantee access to our Materials, Programs, Products, Services, Events and App(s). You acknowledge that access might be suspected or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, Company is not liable for damages or refunds, or for any other recourse, should our Materials, Programs, Products, Services, Events and App(s)  be unavailable, access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Materials, Programs, Products, Services, Events and App(s).

 

INDEMNIFICATION

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Materials, Programs, Products, Services, Events and App(s), or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.

 

SPEAKER INDEMNIFICATION
Some of the Materials, Programs, Products, Services, Events and App(s) of Company may involve Guest Speakers and/or Authors which are in no way affiliated with Company. You acknowledge and agree to indemnify and hold harmless the Company, its employees, officers, directors, agents, personnel, other independent contractors and affiliates, from any and all claims, losses, demands, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Performance or actions of Guest Speaker under this Agreement.

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products or materials that You request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that You use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

 

RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. 

 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to You in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Materials, Programs, Products, Services, Events and App(s) that You are waiving certain legal rights and You are voluntarily agreeing to do so.

 

YOUR CONDUCT AND COMMUNICATION GUIDELINES

Some areas of our Materials, Programs, Products, Services, Events and App(s) may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, "post") reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses ("User Content"). You are solely responsible for your User Content. You agree not to post User Content that is 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 content. You hereby represent that you are the owner of all the copyright rights with respect to, or that You have the legal right to post, your User Content, and that You have the power to grant the license granted below. Company reserves the right to monitor, reject and/or remove any User Content at any time. Company may, but is not obligated to, reject and/or remove any User Content that we believe, in its sole discretion, violates these provisions.

 

Company takes no responsibility and assumes no liability for any User Content that You or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You post is solely Your responsibility. Company is not responsible for any public display or misuse of your User Content. You understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and You agree that Company shall not be liable for any damages You allege to incur as a result of such User Content. Company may provide tools to remove some User's Content but does not guarantee that all or any User Content will be removable.

 

Company reserves the right to remove any and all content, reviews and comments that violate any of the terms include in this Terms of Use. 

 

You are agreeing that You will not use our Materials, Programs, Products, Services, Events and App(s) in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or App and its Content and to us.

 

You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that You will not use our Programs, Products, Services or Program Materials in any of the following ways:

 

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;

  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;

  • To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;

  • To cause annoyance, inconvenience or needless anxiety;

  • To impersonate any third party or otherwise mislead as to the origin of Your contributions;

  • To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms;

  • To reproduce, duplicate, copy or resell any manuscripts, books, comments, posts or content submitted to the Program by other users or provided by Company

 

Company reserves the right, at any time with or without notice, to remove, suspend or terminate Your access to from our Website, App, Membership Site(s), Programs or Products for violation of the terms as found in this Terms of Use at its discretion and refuse any and all current or future use of the Website, App, Membership Site, Program or Product at any time. Reasons for removal may include but is not limited to:

  • A violation of conduct as found in the paragraph listed above;

  • The use of Products in violation as is listed in this Terms of Use;

  • Member’s company or business is a direct competitor of Company; 

  • Cyber bullying, harassment or any other type of abuse within the App or Website; 

  • Any other reason as Company shall see fit.

 

In order to protect our users from unsolicited advertising or solicitation, Company reserves the right to restrict the number of communications that a user may send to another user in any 24-hour period.

 

If You have a question or concern about Your Programs, Products, Services, or Program Materials, You may send an e-mail to hello@paperclippublishing.com and we will do our best to reply to Your question or concern promptly.

 

PURCHASE AND ONLINE COMMERCE

By purchasing or accessing our Materials, Programs, Products, Services, Events and App(s), You grant permission to Company to automatically charge your credit, debit card or PayPal account as a method for payment without any additional authorization, for which You shall receive an electronic receipt of such transaction. 

 

All information obtained during your purchase or transaction for our Materials, Programs, Products, Services, Events and App(s) and all of the information that you give as part of the transaction, such as Your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor.

 

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Materials, Programs, Products, Services, Events and App(s), You may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

 

You release us, our affiliates, our payment processing company, and Merchants from any damages that You incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website, App, or their Content.

 

You agree to only purchase goods or services for yourself or for another person for whom You are legally permitted to do so or for whom You have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

 

You agree to be financially responsible for all purchases made by You or someone acting on Your behalf. You agree to use our Materials, Programs, Products, Services, Events and App(s) for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

 

In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Materials, Programs, Products, Services, Events and App(s) (“Merchant”), all information obtained during Your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Materials, Programs, Products, Services, Events and App(s), and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between You and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

 

PAYMENTS

You agree and acknowledge that all prices are subject to change without notice from Company and that You agree to the existing price as paid on the checkout page. You acknowledge and agrees to pay the full cost of Materials, Programs, Products, Services, Events and App(s) and that should You agree to pay monthly installments, You agree to pay the instalment payments as follows:

 

Reader Social: $29.99/3 months / $49.99/6 month / $99.99/12 month

Author Social: $29.99/3 months / $49.99/6 month / $99.99/12 month

Reader and Author Social: 39.99/3months $59.99/6 months / 109.99/12 months

VIP: Additional $9.99/month added to Social subscription selected

 

E-reader:

1 book per month for 3 months = $11.99

2 books per month for 3 months = $19.99

A la carte Book Price: $5.99

 

Publish a Book:

Self-publish: $49.99

  • ⅓ (33%) of royalties kept by Company for storage and maintenance fees

  • Performance reviewed on a yearly basis to determine if book listing is renewed

Featured: Additional $79.99/month added to self-publish option

 

Should you be unable to make the payments as outlined in this Terms of Use, You agree to promptly notify Company and/or Company’s Team to ensure payments are not missed. 

 

You agree and acknowledge that Company may make changes to any Programs, Courses and/or Membership sites at any time and without notice.

 

LATE PAYMENT AND CANCELLATION POLICY

In the event, a payment is not received by the date due, Company reserves the right to cease access immediately and permanently. Memberships and/or Subscriptions (such as a monthly/quarterly membership/etc.) may be cancelled by submitting a written cancellation to hello@paperclippublishing.com within a 7-day period prior to the next recurring payment (due date). No refunds shall be given for notices that are provided less than the 7-day period.

 

REFUND POLICY

Your satisfaction with our Materials, Programs, Products, Services, Events and App(s) is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Materials, Programs, Products, Services, Events and App(s), we have a no refund policy. Unless otherwise provided by law and in this Agreement, You acknowledge that we do not offer refunds for any portion of Your payment for any of our Materials, Programs, Products, Services, Events and App(s), and no refunds will be provided to You at any time. By using and/or purchasing any of our Materials, Programs, Products, Services, Events and App(s), You understand and agree that all sales are final, and no refunds will be provided.

 

LIFETIME ACCESS

You agree and acknowledge that You may be granted a “lifetime access” limited license to access certain Materials, Programs, Products, Services, Events and App(s). Company reserves the right to revoke any license to access any Materials, Programs, Products, Services, Events and App(s) at any point in time in the event that Company is under a legal obligation to do so, any of the terms of this Terms of Use are breached, if the Company shall choose no longer provides the Materials, Programs, Products, Services, Events and App(s)or for any other reason as the Company shall see fit. The revocation of such license does not obligate the Company to issue a refund, whether in full or a partial refund, for such Materials, Programs, Products, Services, Events and App(s), for any reason. 

 

CHANGES TO MATERIALS, PROGRAMS, PRODUCTS, SERVICES, EVENTS AND APP(S) 

You agree and acknowledge that the Company reserves the right to update, amend, change or disable specific portions of any Materials, Programs, Products, Services, Events or App(s)at any point in time and for any reason as the Company shall see fit. Any amendment, update, change or disabling of any portion of any Materials, Programs, Products, Services, Events or App(s) does not obligate the Company to issue a refund, whether in full or a partial refund, for such Materials, Programs, Products, Services, Events or App(s), for any reason.

 

DISPUTE RESOLUTION

It is the intent of Company that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, You agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at hello@paperclippublishing.com and include all of your reasons for dissatisfaction with Your Program. You understand and agree now that the only remedy that can be awarded to You through arbitration is full refund of Your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

 

By purchasing and/or accessing our Materials, Programs, Products, Services, Events and App(s) You are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or You waive the right to seek dispute resolution by arbitration or take any other legal action. 

 

You also agree that should arbitration take place, it will be held in Tempe, Arizona, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

 

In the event of a dispute between us, You agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Materials, Programs, Products, Services, Events and App(s). Where requested by law or arbitration, of course, You are not prohibited from sharing Your thoughts and opinions as a part of the legal process.

 

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

 

GOVERNING LAW

These Terms of Use shall be governed by the laws of the State of Arizona, regardless of the conflict of laws principles thereof.

 

If You have any questions about any term of these Terms of Use, please contact us at hello@paperclippublishing.com. Thank You.

 

Additionally, please review the terms of our Privacy Policy for how Your information is stored and shared.