Thanks for using Paperton.
Please read these Terms carefully. By using Paperton, activating an account on Paperton or signing up for an account on Paperton, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Paperton (“Paperton” or the “Service”) is a content consumption service offered over the URLs https://paperton.com or https://papertonlive.com and any subdomains thereof (we’ll collectively refer to these as the “Website”) that allows content holders and creators (called “Members”) to upload, create, manage, modify and provide content. You (a “Reader”) are able to view PDF-based, image, video, text and audio content (collectively called “Content”). Paperton has employees, independent contractors, and representatives (“our Team”).
As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
As a reader of content hosted on Paperton or provided by our Services via an external integration, you’re a “Reader” according to this agreement (or “you”).
These Terms of Service (“Terms,” including our Privacy Policy and any “Additional Terms” you agree to as a Member) define the terms and conditions under which you’re allowed to use Paperton, and how we’ll treat your account if you’re a Member or a Reader. If you have any questions about our terms, feel free to contact us.
In order to use Paperton, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.
By using Paperton, you represent and warrant that you meet all the requirements listed above, and that you won’t use Paperton in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Paperton may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you activate an external account or sign up for Paperton and continues as long as you use the Service. Clicking the button and entering your username, email or other personally identifiable piece of information means that you’ve officially “signed” the Terms. If you sign up for Paperton on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or Paperton may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
We may change any of the Terms by posting revised Terms of Service on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Paperton. We may change the Website, the Service, or any features of the Service at any time.
You’re responsible for keeping your account credentials confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
You will respect our proprietary rights in the Website and the software used to provide Paperton (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may not use our brand assets without written consent from a Paperton representative.
You represent and warrant that you either own or have permission to use all of the material in your Emails and uploaded content. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
We may view, copy, and internally distribute uploaded content and details from your account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Readers and Members who violate these Terms or laws.
You agree to follow these rules:
You won’t send spam using any of Services, e.g. email or push notifications. By “spam,” we mean the definition on the Spamhaus website.
You won’t use user credentials or user accounts that are not belonging to you.
You won’t upload illegal content.
Paperton does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account responsible for uploading any content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Paperton Member, please report it to us. If you think anyone has posted material that violates any copyrights, then you can notify us at contact@paperton.com.
You may only use our bandwidth for our explicitly offered Services. We provide image and data hosting only for services provided via our Websites, so you may not host images on our servers for anything else (like a website). We may throttle your connection through our API at our discretion.
You represent and warrant that your use of Paperton will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re a Member and located in the European Economic Area (EEA) or provide content to anyone in the EEA, you represent and warrant that in uploading content, including any Email lists, sending emails or push notifications, and collecting information as a result of sending emails, you:
Will clearly describe in writing how you plan to use any data collected, including for your use of Paperton. You’ll get express consent to transfer data to Paperton and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Paperton.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Paperton to receive and process data and send communications to that individual on your behalf.
Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
Have signed our “Data Processing Agreement”.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Paperton for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Sweden’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by courts in Stockholm, Sweden, and each party will be subject to the jurisdiction of those courts.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can’t change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or any of your Readers, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at any addresses we may post on the Website.
These Terms and our Privacy Policy (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) as a Member make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you accept them.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Updated: April 30, 2018
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