AGREEMENT BETWEEN USER AND PAPERMELON
Papermelon (and papermelon.com) is a service and commerce company offering handcrafted jewelry, workshops and resources. Products or services may be added or removed without notice. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
RIGHTS TO DESIGNS AND IMAGES
All designs, images, and graphics are the sole property of Papermelon and may not be used by any third party without written permission. Copying or reproducing artwork created by Papermelon (as seen on papermelon.com, or elsewhere) is strictly prohibited without written permission from the artist.
Visiting papermelon.com or sending emails to Papermelon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
AGE OF CONSENT
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If we suspect fraudulent, unauthorised or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilised in connection with any transaction. By submitting such information, you grant Papermelon the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Papermelon does not have access to or retain payment information.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Papermelon reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Papermelon and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
If you have a question or concern about an order, please contact email@example.com. All shipping expenses (actual cost of original and return postage) are the responsibility of the customer.
SHIPPING FEES, VAT OR OTHER IMPORT EXPENSES
If your local postal service requests additional funds for import, duty or VAT fees above and beyond what we have previously paid through our shipping provider these are at the expense of each customer. All countries are unique and require their own customs protocol.
PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Papermelon strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Papermelon or our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Papermelon content is not for resale. Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Papermelon and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Papermelon or our licensors except as expressly authorised by these Terms.
From time to time, Papermelon participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, Papermelon will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. We will inform you when one of the links constitutes an affiliate link.
You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for your and/or will benefit you. You will not rely on any recommendation, reference, or information provided by Papermelon but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Papermelon DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Papermelon makes no warranties of any kind regarding any non-Papermelon sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Papermelon makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Papermelon sites. Papermelon does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
PAPERMELON DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT LABEL INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE CERTAIN INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS.
LIMITATION OF LIABILITY
EXCEPT IN THE CASES OF WILFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF PAPERMELON, IN NO EVENT SHALL THE PAPERMELON, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF Papermelon HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF PAPERMELON, IN NO EVENT SHALL THE TOTAL LIABILITY OF Papermelon, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO PAPERMELON IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
The failure of Papermelon to partially or fully exercise any rights or the waiver of Papermelon of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Papermelon or be deemed a waiver by Papermelon of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Papermelon under these Terms and any other applicable agreement between you and Papermelon shall be cumulative, and the exercise of any such right or remedy shall not limit Papermelon’s right to exercise any other right or remedy.
We control and operate the Site from India. We make no representation that materials on the Site are appropriate or available for use outside India. If you choose to access this Site from outside India, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Papermelon reserves the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Papermelon as a result of this agreement or use of the Site.
CHANGES TO TERMS
Papermelon reserves the right, at our sole discretion, to change the Terms under which papermelon.com is offered. The most current version of the Terms will supersede all previous versions. Papermelon encourages you to periodically review the Terms to stay informed of our updates.
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