PAPR App
Terms of USe
Nov, 2018
Welcome! Please take a moment to scroll down and read these Terms of Use.
PAPR Media, Inc. (“PAPR,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our news application (the “App”), which is made available to you through a variety of connected devices, such as mobile devices. These Terms of Use state the terms and conditions under which you can use the App. Please read these Terms of Use carefully. By accessing and/or using the App, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this Agreement”), and you represent and warrant that you are at least 13 years old or older. If you are under age 18 but above 13 you acknowledge that your parent or legal guardian has reviewed this Agreement and you possess their consent to use the App. If you are under 13 years of age or if you do not agree to any of these terms, then please do not access or use the App. These Terms of Use may be updated by us from time to time with or without notice to you.
1.
USE OF THE APP
(i)
License to use the App.
PAPR hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Use.
(ii)
Fees.
The App is currently provided to you for free. However, we reserve the right to begin charging fees at any time upon notice to you.
2.
USE OF PERSONAL INFORMATION
Your use of the App may involve the transmission to PAPR of certain Personal Information. Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy (located at Privacy Policy, which is hereby incorporated by reference in its entirety.
3.
COMMUNITY GUIDELINES
By accessing and/or using the App, you hereby agree that:
We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the App, or to any portion of the App, without notice.
4.
REGISTRATION
If you would like to use the App, you will need to download the App from the Apple, Android or any other app store through which the App is made available to you using your app store credentials. We use Facebook Account Kit powered by Facebook, Inc. (“Facebook”) to allow you to login to our App. Upon downloading the App, you can login to the App by providing your email address or phone number. If you provide your email address, you will receive a confirmation email from Facebook that you can use to login to the App. If you provide your phone number, you will receive a SMS confirmation code from Facebook that you can use to login to the App. You represent and warrant that all login information you submit is truthful and accurate and you will maintain the accuracy of such information. You are responsible for the confidentiality of your login information. We are under no obligation to accept any individual as a user of the App, and may accept or reject any registration in its sole and complete discretion.
5.
INTELLECTUAL PROPERTY
The App contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of PAPR (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the App automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of PAPR (“PAPR Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of PAPR. Other company, product, and service names located on the App may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the PAPR Trademarks, the “Trademarks”). Nothing on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the PAPR Trademarks inures to our benefit.
Elements of the App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6.
COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
7.
ACCESSING AND DOWNLOADING THE APP FROM ITUNES
The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:
8.
NO WARRANTIES AND LIMITATION OF LIABILITY
NONE OF PAPR, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PAPR PARTIES”) ENDORSE ANY NEWS OR AND ANY CONTENT MADE AVAILABLE THROUGH THE APP. YOU ACKNOWLEDGE THAT THE APP MERELY ACTS AS A PLATFORM THAT ALLOWS YOU TO ACCESS NEWS ARTICLES FROM VARIOUS SOURCES. NONE OF THE PAPR PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY RESULTS CAUSED BY USING THE APP, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
YOU ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ACCESS AND USE THE APP OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE APP OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE APP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE APP. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE APP AT ANY TIME WITHOUT NOTICE.
9.
EXTERNAL SITES
The App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
10.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the PAPR Parties from and against any losses, costs, expenses, liabilities, claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the App; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11.
COMPLIANCE WITH APPLICABLE LAWS
The App is based in the United States. PAPR makes no claims concerning whether the App, and/or the Content may be viewed or be appropriate for use outside of the United States. If you access the App, and/or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the App, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.
13.
COPYRIGHT COMPLAINTS
If you believe the App contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
To contact our Copyright Agent by regular mail, please write to:
Copyright Agent
343 W78th, New York, NY 10024
To contact our Copyright Agent by email, please write to hello@papr.co, with COPYRIGHT NOTICE in the subject line.
14.
MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. The following Section shall survive any termination of this Agreement: “Intellectual Property,” “Communications with Us,” “No Warranties and Limitation of Liability,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2018 PAPR Media, Inc. All rights reserved.