Terms of Service
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS THAT YOU ENTER INTO THROUGH THE PAPERSTORE® SERVICE OFFERED BY PUBGET CORPORATION (“PUBGET”), AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PUBGET. BY CLICKING “AGREE” AT THE TIME OF YOUR ORDER, OR BY USING ANY MATERIALS DELIVERED THROUGH THE PUBGET PAPERSTORE, YOU HEREBY AGREE TO THESE TERMS AND CONDITIONS, AS WELL AS ANY TERMS AND CONDITIONS ESTABLISHED BY THE CONTENT PROVIDER FOR THE PARTICULAR MATERIALS YOU HAVE ORDERED.
Terms and Conditions That Apply to All Transactions:
Acceptance of Terms.
The Pubget PaperStore enables you, the "User", to obtain single copies of articles, papers or other materials made available by the copyright rights holders or other content providers (each a "Content Provider"). The Paper service is administered by Pubget and your purchase and use of the content is governed by these terms and conditions, your will ALSO be governed by any terms and conditions which are set by the Content Providers whose material you seek to use. As applicable, the Content Provider's terms and conditions will be made available to you in the course of the order process for each transaction. You, as User, will be deemed to have accepted and agreed to all of those terms and conditions, as well as these terms and conditions, if you use the Content Provider's copyrighted material in any manner.
The term "Order" is used in these terms and conditions to describe (i) the entire set of details (including User's name, the particular materials ordered by User, and the PaperStore price for such materials), as well as (ii) any Content Provider terms and conditions applicable to that transaction and governing the particular use User may make of that copyrighted material, and (iii) Pubget's general terms and conditions, including those relating to billing and payment, which are applicable to ALL transactions. All elements of the Order shall be printed out or referred to in the order confirmation which is delivered to User at the conclusion of each PaperStore transaction.
User hereby acknowledges and agrees that User is responsible for any transaction entered into through the PaperStore service and identified with User's user name and password or User's credit card or PayPal information. It is User's responsibility to maintain the secrecy of such information, to notify Pubget immediately upon learning of any transaction entered into through this service that was conducted without User's authorization, and to inform Pubget of any changes required to User’s user name, password or credit card information whenever necessary to preserve secrecy. User represents and warrants that User is at least 18 years old if User is a person (as opposed to a company or other organization); that in any event User is legally capable in User's place of residence or business of entering into the agreement created by the Order; and that the individual opening an account or seeking transactions under the PaperStore service on behalf of any User that is a business, corporate entity or other organization is duly authorized by User to do so.
Availability and Use of Content.
Any copyrighted materials made available through the PaperStore are included at the discretion of the applicable Content Provider. Pubget reserves the right, on behalf of itself and of Content Providers, to add or remove materials from the PaperStore at any time, and Pubget makes no representation or warranty that any particular materials will be available for purchase through the PaperStore.
PaperStore will enable User to download and save a single electronic copy of the material purchased by User. Such copy may be used only by User, and only in accordance with the terms included in the particular Order, unless User has obtained rights from the Content Provider or another authorized source to make and share additional copies of such materials. Without limiting the foregoing, materials purchased through the PaperStore may not be used for marketing or promotional purposes. User is responsible for complying with U.S. and international copyright laws with respect to the use of any copies. Downloaded copies of materials ordered through PaperStore may only be downloaded once; after being downloaded, they cannot be replaced. Once User receives a copy of such materials, it is User’s responsibility not to lose, destroy, or damage such copy, and Pubget shall have no liability to User in the event of any loss, destruction, or damage. User may not modify, adapt, transform, translate or create any derivative work from or based on materials accessed through the PaperStore. Copyright notices, other notices or disclaimers included on such materials may not be removed, obscured or modified in any way.
On occasion, technical problems may delay or prevent delivery of materials ordered through the PaperStore. User’s exclusive and sole remedy with respect to a copy that is not delivered within a reasonable period of time will be either replacement of such copy, or refund of the price paid, as determined by Pubget. In the event that the materials delivered to User are not those which were ordered, Pubget will make an attempt to provide the correct materials and, if we are unable to provide the requested materials, we will refund the price paid. In order to resolve technical problems or problems with delivery, Pubget requires User to present either an Order Number or a Processing Number with your customer service query. No replacements or refunds will be provided without one of these two numbers.
Prices; Sales Taxes.
PaperStore prices are based upon the cost set by the applicable Content Provider, plus applicable sales taxes and a Pubget service fee. Prices for content offered through the Pubget PaperStore may change at any time with no notice to you. Sales taxes are calculated based on User’s zip code and the sales tax rate in effect at the time your Order is completed. If the sales tax rate for User’s location changes before the purchased content is downloaded, the new tax rate in effect at the time of download will apply. No customers are eligible for tax exemptions for transactions made through the Pubget PaperStore.
The PaperStore accepts payment by credit card and through PayPal® accounts. If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If you continue to experience difficulty, contact firstname.lastname@example.org. Credit card and PayPal orders will not be completed until the payment is successfully processed. All sales are final, and no refunds will be provided except as otherwise expressly set forth in these Terms of Service. User agrees that Pubget may charge the credit card or PayPal account designated during the registration process for any materials purchased through the PaperStore, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with User’s account. USER IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PUBGET WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. Any failure by User to pay any amount when due, or any use by User of any copyrighted material beyond the scope of the terms set forth in the relevant Order, shall be a material breach of the Order. Any breach not cured within ten (10) days of written notice thereof shall result in immediate termination of the relevant Order (and all rights and licenses provided therein) without further notice, and may result in termination of User’s account. Amounts overdue will be subject to a service charge of one and one half percent (1-1/2%) per month or, if less, the maximum interest rate allowed by applicable law in User's place of business, such service charge to begin running 30 days after delivery of, or notice of availability of, invoice. Pubget reserves the right to offer other payment methods to enterprise or high volume customers in its sole discretion, and the terms of such arrangements shall be governed by these provisions, with such exceptions as Pubget shall expressly authorize.
Use of Information.
Intellectual Property Rights; Scope of Rights.
As among User, Pubget and the Content Provider, all materials available for purchase or license, as well as all rights therein, including copyright rights, remain the sole and exclusive property of the Content Provider. All trademarks not belonging to the Content Provider, as well as all software and other elements that you encounter in the course of using PaperStore, as well as all intellectual property rights therein, remain the sole and exclusive property of Pubget (or its affiliates or third party vendors) and are not licensed to User in any way. All rights not expressly granted are reserved. Without limiting the foregoing, no rights are granted hereunder to copy, distribute, or otherwise re-use any copies of materials obtained by User through the PaperStore and User is solely responsible to obtain any permissions that may be necessary for any such copying, distribution or re-use. Use of any materials obtained through the PaperStore may be further limited (on a title-by-title basis) as set forth in any restrictions included in the Content Provider's terms and conditions applicable to the transaction (which will be provided to User as part of the Order).
User hereby indemnifies and agrees to defend Pubget and its affiliates and third party vendors, and their respective employees, agents, representatives, officers and directors, against all claims, liability, damages, costs and expenses, including legal fees and expenses, arising out of any errors or omissions in materials obtained through PaperStore, any use of such materials which is beyond the scope of the rights granted, or any use of any material which has been altered in any way by User, including claims for defamation or infringement of or damage to rights of copyright, publicity, privacy or other tangible or intangible property.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL PUBGET BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR INFORMATION, OR FOR BUSINESS INTERRUPTION) ARISING OUT OF (i) THE AVAILABILITY OR LACK OF AVAILABILITY OF ANY MATERIALS IN THE PAPERSTORE, (ii) THE USE OF OR INABILITY TO USE ANY MATERIALS ACCESSED OR OBTAINED THROUGH THE PAPERSTORE, OR (iii) THE INABILITY TO OBTAIN ADDITIONAL RIGHTS TO MATERIALS, EVEN IF PUBGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event, the total liability of Pubget (including its affiliates, third party vendors and their respective employees, agents, representatives, officers and directors) shall not exceed the total amount actually paid by User for the applicable Order. User assumes full liability for the actions and omissions of its principals, employees, agents, affiliates, successors and assigns.
Pubget has been authorized to provide copies of materials delivered through the PaperStore. EXCEPT FOR THE FOREGOING WARRANTY, PUBGET DISCLAIMS ALL WARRANTIES RELATING TO THE COPYRIGHTED MATERIALS OF CONTENT PROVIDERS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE PAPERSTORE SERVICE AND ALL SOFTWARE USED IN CONNECTION THEREWITH ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PUBGET DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE PAPERSTORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND USER AGREES THAT FROM TIME TO TIME PUBGET MAY REMOVE THE PAPERSTORE SERVICE FOR INDEFINITE PERIODS OF TIME, OR DISCONTINUE THE PAPERSTORE SERVICE AT ANY TIME, WITHOUT NOTICE TO USER.
Additional or Conflicting Terms Rejected.
Pubget hereby objects to any terms contained in any writing prepared by User or its principals, employees, agents or affiliates and purporting to govern or otherwise relate to any PaperStore transaction, which terms are in any way inconsistent with any of these terms or the Content Provider's standard terms or with any standard operating procedures of Content Provider or Pubget, whether such writing is prepared prior to, simultaneously with or subsequent to the Order, and whether such writing appears on any paper or electronic version of the Order or in a separate paper or electronic instrument, unless such writing is countersigned by an authorized officer of Pubget.
Termination of Account.
User may terminate its account at any time by sending e-mail to: email@example.com. Upon termination, User will receive a confirmation via e-mail that the request was received, and User's account will be suspended within one business day. User is responsible for all charges incurred up to the time the account is deactivated.
Governing Law and Jurisdiction.
Unless the Content Provider's own terms and conditions for the Order designate different terms for governing law, venue and jurisdiction and those terms and conditions are determined by a competent court to apply to a particular dispute, (a) each Order shall be governed by and construed under the law of the State of New York, USA, without regard to the principles thereof of conflicts of law, (b) any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to each Order shall be brought, at Pubget's sole discretion, in any federal or state court located in the County of New York, State of New York, USA, or in any U.S. federal or state court whose geographical jurisdiction covers the principal place of business of the Content Provider, and (c) the parties expressly submit to the personal jurisdiction and venue of each such U.S. federal or state court.
User acknowledges and agrees that Pubget may alter these terms and conditions in any fashion and at any time, effective immediately, provided that Pubget posts notice of any material alteration hereof to www.pubget.com and any such material alteration will be effective on the date set forth in the notice. User also acknowledges and agrees that Pubget may, on notice to User, assign accounts and/or amounts due either to the applicable Content Provider or to a financial institution; and that Pubget may at any time assign all its rights, duties and responsibilities hereunder or under any Order to any other person who shall take responsibility for PaperStore. Finally, User acknowledges and agrees that Pubget may, in its sole discretion, terminate or suspend User's access to all or part of the PaperStore for any reason, including without limitation breach of these Terms of Service or of any other Order terms, or persistent failure to pay amounts due on a timely basis. In the event of such termination, User will remain liable for all amounts due under User’s account up to and including the date of termination.