ResPaper MarketPlace Buyers - Terms of Service
- Welcome to the ResPaper MarketPlace!
Thank you for your interest in our marketplace service - the ResPaper
MarketPlace (the "Service")!
By using our Service, you agree to (1) these Terms
and (2) the general terms of service that apply to
all ResPaper users (collectively, the "ResPaper MarketPlace Terms").
If ever in conflict, to the extent of such conflict,
the ResPaper MarketPlace Buyers - Terms of Service will take precedence over any other terms
enumerated in number (2). Please read these Terms of Service
and those enumerated in number (2) carefully.
As used in these Terms of Service, "you" or "buyer" means the individual or entity using the Service to purchase or use any content offered (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). "We", "us" or "ResPaper" means ResPaper Digital, and the "parties" means you and ResPaper. Additionally, "ResPaper MarketPlace Item" or "Item" means any material you may use or purchase using the Service, and "seller" or "sellers" means ResPaper users who sell the Items, which may be us or a third party.
"ResPaper Applications" means the software we make available that permits users to shop for, download, browse, or use the ResPaper MarketPlace Items.
"ResPaper Website" means the website available at www.respaper.com.
"Item Availability Duration" means the length of time an Item is available for you to download, or the length of the time an Item is available for you to view, after you pay for it.
- Use of ResPaper MarketPlace Items
To use an Item, upon your payment of any applicable fees (including applicable taxes), the seller grants you a non-exclusive right to download the Item for the period of the Item Availability Duration as specified with the Item, solely through the ResPaper Application, and solely for your personal, non-commercial use. Items are licensed, not sold, to the Buyer or Content User by the Seller or Content Provider. When the buyer purchases Items, the buyer receives a copy of the item and a license to use it but does not receive the ownership rights to the Items. The seller may include additional terms for use within its Items. Those terms will also apply, but this Agreement will govern in the event of a conflict.
- Limitations of Use
Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to an Item or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Items. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
- Item Returns
You may not return an Item you purchase from the ResPaper MarketPlace. It is your responsibility to carefully review the previews made available by the seller to ensure suitability of Items for your purpose.
- Information Provided to ResPaper
The ResPaper Applications will provide ResPaper with information about use of your ResPaper Applications and its interaction with Items and the Service (such as last Item viewed). Information provided to ResPaper may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the ResPaper Privacy Policy.
- Termination
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and ResPaper may immediately revoke your access to the Service without refund of any fees. ResPaper's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
- Changes to ResPaper MarketPlace Terms
We may modify the ResPaper MarketPlace Terms at any time. We shall post any modifications to the Respaper MarketPlace Terms on this page and any modifications to the Policies or Guidelines on their respective pages. Changes usually become effective 14 days after being posted. However, changes in new functions for a Service or changes for legal reasons are effective immediately. If you do not agree to any modified terms in the ResPaper MarketPlace Terms, you will have to stop using the affected Services.
- Changes to the Service
We constantly change or improve our Services. We may add or remove features or functionalities, we or the sellers may add or remove Items, at any time without notice. We may suspend or terminate a Service at any time.
If we are required to remove an Item due to legal reasons, and you have paid to access that Item, your sole remedy would be contact the ResPaper MarketPlace seller for a refund.
- Privacy
Our privacy policy explains how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that ResPaper can use such data in accordance with our privacy policy. Additionally, you acknowledge and consent to your public profile information being visible to buyers of your Items.
- Indemnity
You agree to indemnify and defend ResPaper, its affiliates, agents and sellers from and against any and all third-party claims and liabilities arising out of or related to the Items, including any content found in the Items that is not provided by ResPaper, your use of the Service or your breach of any term of the ResPaper MarketPlace Terms.
- Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the ResPaper MarketPlace Terms; (ii) ResPaper has never previously terminated or otherwise disabled a ResPaper account created by you due to your breach of the Agreement or due to invalid activity; (iii) entering into or performing under the ResPaper MarketPlace Terms, will not violate any agreement(s) you have with a third party or any third-party rights; and (iv) all of the information provided by you to ResPaper is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE ResPaper MarketPlace Terms, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, RESPAPER MAY REFUSE TO DISPLAY, AS APPLICABLE, THE Items, PREVIEW OF Items, OR LINKS TO Items. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE, OR ITS PROFITABILITY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE "AS IS". TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE RESPAPER MARKETPLACE TERMS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE RESPAPER MARKETPLACE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (ii) EACH PARTY'S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS RESPAPER MARKETPLACE TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the ResPaper MarketPlace Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties; AND (III) IN NO EVENT WILL OUR OR ANY OTHER CONTENT PROVIDER OR RESPAPER MARKETPLACE SELLER's AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES ARISING FROM YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE ITEM OR THE CONTENT OR FOR THE ASPECT OF THE SERVICE RELATED TO YOUR CLAIM FOR DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.