1. ACCEPTANCE OF TERMS

    The web pages available at Papble.com, and all linked pages ("Site"), are owned and operated by Resolvent Technologies, Inc. ("Papble"), a Delaware corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").
    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES IN THE SITE. PAPBLE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY PAPBLE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  2. MODIFICATIONS OF TERMS OF USE

    Papble reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Papble will notify you by updating the terms and conditions date at the bottom of each page of the Site. What constitutes a "material change" will be determined at Papble's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

  3. DESCRIPTION OF SERVICE

    1. The price of each Papble is variable based on demand. 
    2. When you 'buy' a Papble, you have the right to update your Papble color and Papble message; you are not purchasing any part of the website.
    3. The site will be online until at least January 2014.
    4. No obscene/offensive text can be accepted. Any offensive text will be removed and you will not get a refund. A reasonably accepted standard will be used to determine this criteria. Papble's final judgment will determine this standard.
    5. You can remove your text and name at any time; however you will not get a refund and the color you chose will remain.
    6. Regular system maintenance will be performed.  However, the downtime will be kept to a minimum.

  4. GENERAL
  5. 1.     The content of the pages of this website is for Papble service and for general and entertainment use only. It is subject to change without notice.
    2.     Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    3.     Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
    4.     This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    5.     Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
    6.     From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  6. YOUR REGISTRATION OBLIGATIONS
  7. As a condition to using Services, you are required to register with Papble and select a password and screen name ("Papble User Name").  You may not (i) select or use as a Papble User Name a name of another person with the intent to impersonate that person; (ii) use as a Papble User Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Papble User Name a name that is otherwise offensive, vulgar or obscene. Papble reserves the right to refuse registration of, or cancel a Papble User Account in its discretion. You shall be responsible for any monetary loss due to cancellation of your User Account based on violation of the Papble terms and conditions.  You shall be responsible for maintaining the confidentiality of your Papble password.
    Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

  8. USER CONDUCT
  9. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Papble.
    By way of example, and not as a limitation, you agree not to use the Services:
    1.     to abuse, harass, threaten, impersonate or intimidate other Papble users;
    2.     to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
    3.     for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
    4.     to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Papble user;
    5.     to violate any laws in your jurisdiction (including but not limited to copyright laws);
    6.     to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    7.     attempt to impersonate another user or person;
    8.     to display any copyrighted material in any form;


    IF YOU SUBMIT TEXT THAT IS REJECTED, YOU WILL HAVE THE OPPORTUNITY TO PROVIDE AN ALTERNATIVE, YOUR COLOR WILL REMAIN AND YOU WILL NOT RECEIVE A REFUND.
    Papble may remove any Content and Papble accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all without notice. To report Terms of Use abuse, please email: abuse@papble.com

  10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
  11. By submitting Content to Papble, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by Papble in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission. Any Papble content can be used to create t-shirts, posters and other items.

  12. PAPBLE PRIVACY POLICY
  13. We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We use information for the following reasons:
    1.       Internal record keeping.
    2.       We may use the information to improve our products and services.
    3.       We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
    4.       From time to time, we may also use your information to contact you for market research purposes. We may contact you by email. We may use the information to customize the website according to your interests.

    Your email address will not be shown unless you choose to display it in the display name or papble display fields. We will use best practices to secure your data. However if the system is breached we will attempt to notify you of such a breach.

    SECURITY

    We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

    COOKIES

    A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. We do not use cookies at this time but is subject to change.

    LINKS TO OTHER WEBSITES

    Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

    CONTROL OF PERSONAL INFORMATION

    1. All payment information will be managed by PayPal and subject to PayPal’s terms and conditions.
    2. We will not sell, distribute or lease your personal information to third parties.  We may use your personal information to send you promotional information from Papble which we think you may find interesting. You may opt out of receiving this promotional information at any time.

    LOG FILES

    We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.  

  14. PAYMENT
    1. All payments will be managed by PayPal and subject to their terms and conditions. 
    2. No detail payment information will be accessed by Papble or stored on Papble’s servers.
    3. When a mashup template image is flagged as having a portion donated, at least 50% of the profit will be donated. Incentive programs will be run to increase this percentage at various times, however no less than 50% will be donated when an image's Papbles are flagged for donation as a mashup image. Any papble that is not associated with a particular mashup image/organization will have at least 50% of the profit split amoung random charities on the Papble wall. Donations will be made quarterly from monies collected. We are not a charity, nor are we affiliated with any of the organizations that the funds raised from Papble will support, we are trying to have people have some fun while we a portion of these funds to charities or worthwhile organizations.
  15. REFERRAL PROGRAM
    1. You much sign up for the referral program when registering your account.
    2. The account being used for the referral program must purchase a Papble before any payments will be made. This is to ensure PayPal account validation has taken place. Even if you received Papbles in a free promotion, a Papble must be purchased to receive a referral bonus.
    3. All payments will be made to the current validated email address.
    4. All payments from the referral program will be made through PayPal and subject to their terms and conditions. 
    5. No detail payment information will be accessed by Papble or stored on Papble’s servers.
    6. Payments will be sent monthly in the month following the referral purchase once the balance reaches $10.00 US, or the wall has been completed. Payments will be sent in the month following the balance reaching $10.00 around the 15th of that month.
    7. The referral rate is 7% of the purchase price for direct first level referrals, 5% on the second level, and 2.5% on the third level. The payment for purchases made by people you directly refer will be at 7%, for purchase those people refer will be at 5%, and for purchases the second level refers will be at 2.5%.
    8. Referrals must sign up using the link accessed in the email your papbles button to qualify. The format of this link is: http://www.papble.com/papble.php?refuserid=XXXX
    9. Referrals will not be paid during promotional periods, however promotional periods are used for the benefit of driving traffic and thus benefit the referral process.
  16. INDEMNITY
  17. You will indemnify and hold harmless Papble, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Papble User ID, of any intellectual property or other right of any person or entity.

  18. WARRANTY DISCLAIMERS
  19. You acknowledge that Papble has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Papble from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Papble makes no representations concerning any content contained in or accessed through the Site or Services, and Papble will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  20. LINKS
  21. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Papble has no control over such sites and resources, you acknowledge and agree that Papble is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Papble shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  22. LIMITATION OF LIABILITY
  23. IN NO EVENT SHALL PAPBLE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  24. TERMINATION
  25. Papble may terminate or suspend any and all Services and your Papble account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Papble account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.        

  26. PHOTOSENSITIVE SEIZURES
  27. A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.

  28. APPLICABLE LAWS
  29. We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  30. TRADEMARKS
  31. Papble, and other Papble graphics, logos, and designs are registered trademarks, trademarks or trade dress of Papble in the U.S. Papble's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

     

 
2010 ©Papble.com Terms And Conditions