These Terms of Use ("Terms") are a legal agreement between Smallrivers SA ("Smallrivers" or "we") and you ("you" or “user”). It is essential for Smallrivers to clarify the legal relationship with you in order to ensure an adequate level of service and the development of your social networking for the benefit of all users. This means that by using or accessing any Smallrivers SA services (“paper.li” or "Service" or “Services”) you agree to be bound by these Terms. On the contrary, if you do not agree to any of these Terms, to the Privacy Policy, or the Intellectual Property Policy, or if you do not wish to be bound by these Terms and policies, please refrain to use the Service.
As Smallrivers may, in its sole discretion, modify or revise these Terms at any time to continue to offer you the most adequate level of service, you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date Terms at http//paper.li/terms.html.
Services
paper.li ("paper.li" or Services) offers you the possibility to organize and optimize your social networking by paper.li organizing links, information, or any other material shared on third party websites into an easy to read newspaper-style format. It assists you in publishing customized newspaper-style format made of links, information or other material shared on the social network services such as Twitter and Facebook. For more detailed information about how it works, please refer to the FAQ section.
“Site” shall mean paper.li website or any other website affiliated to Smallrivers.com. “Content” is defined as any information, text, graphics, links (URLs), images, videos, sounds, or other material uploaded, downloaded, appearing or extracted by the Service. “Third Party Services” shall mean other third party websites which provide Content.
The Service displays the Content determined by the following: a) the Content or any information selected and extracted by paper.li from Third Party Service, as determined by your criteria and organized by paper.li for you, and/or b) any Service features made available by paper.li. It is part of the Service offered by paper.li to display the links and Content, determine their placement and location in the Service all as determined by paper.li.
Services shall include, but not be limited to, any services paper.li performs for you, as well as the offering of any materials displayed or performed on or through the Services.
These Terms apply to all users of the Services and of the Site, including users of the Services and of the Site who contribute content, information and other materials on Third Party Services. The Services are accessed by you under the following terms and conditions:
Access
Subject to these Terms, paper.li may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. To ensure a lawful development of your social networking, you shall only use the Services only in compliance with all applicable, local, state, national, and international laws, rules and regulations.
You acknowledge that use of the Services may involve the access and use of feeds, links, content, information and data from Third Party Services. All use of Third Party Services is subject to such third party’s terms and conditions and policies.
Modification and Availability
paper.li services are always evolving and may change from time to time without prior notice to you. We frequently add new features and constantly optimize the Service.
paper.li may change, suspend or terminate all or any aspect of the Services for any reason or no reason, at any time, including the availability of any feature or application of the Service, Content or any Third Party Service, and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage or restrict your access to parts or all of the Services without prior notice to you or liability.
It is the duty of paper.li to use reasonable efforts to ensure that the Services are available twenty-four hours a day. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs. Furthermore, paper.li has no control over the availability of any Third Party Service, which may impact your use of the Services. paper.li will not be liable to you or any other party for any suspension, modification discontinuance or lack of availability of its Services, your user content, other content or any Third Party Services.
Registration information
As a preliminary step to using Services, you may be required to supply paper.li with certain registration information, including registration information for Third Party Services you access through paper.li Services. When registering, you must provide accurate and complete information. paper.li reserves the right to refuse registration, or cancel a username in its discretion.
You may not use another user’s account or registration information, for paper.li or any Third Party Services you access through paper.li, without permission.
If requested to do so, Smallrivers shall be authorized to disclose your personally identifiable information to any national governmental agency or in response to any judicial process.
Third Party Services
paper.li aggregates content originated by Third Party Services, including their users, or you, and may contain links to third-party websites or resources.
paper.li cannot take responsibility for such Content. Any use or reliance on any Content or materials posted, submitted or displayed on or through the Service shall be under your own responsibility and at your own risk.
Third Party Services are not within the supervision or control of paper.li or Smallrivers. The Service may contain or direct you to Third Party Services containing or displaying Content that some people may find offensive or inappropriate. Unless explicitly otherwise provided, paper.li makes no representations or warranties whatsoever about any Third Party Service, or endorse the content, products or services offered through such Third Party Service.
You acknowledge and agree that we are not responsible or liable for any Third Party Services, content, product or services, or third-party resources, and/or the functionality of Third Party Services. Smallrivers makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
You hereby irrevocably waive any claim against the Services or Smallrivers with respect to such third party websites, content, services, applications or widgets. You acknowledge and agree that in addition to these Terms, any use of Third Party Services is subject to, and you shall comply with, the terms and conditions applicable to such Third Party Services.
Intellectual Property and other Rights
All rights, title, and interest, including without limitation all Intellectual Property Rights, in and to Smallrivers and affiliated websites are and will remain the exclusive property of Smallrivers. Smallrivers, paper.li and all other Smallrivers’ logos, marks and designations are trademarks or registered trademarks of Smallrivers.
The Services are protected by copyright, trademark, and other laws of both Switzerland and foreign countries. These Terms and the use of Services do not grant with a license or the authorization to use the name of paper.li or any of the Smallrivers trademarks, logos or domain names.
All other trademarks mentioned in the Site or the Service are the property of their respective owners. The trademarks and logos displayed on the Site or the Service may not be used without the prior written consent of Smallrivers or their respective owners. For its policy regarding intellectual property, please refer to paper.li Intellectual Property Policy.
Portions, features and/or functionality of Smallrivers' products may be protected under Smallrivers patent applications or patents.
User comments
We value your comments, ideas, suggestions and feedback in relation to the Service. Any comments, suggestions, ideas or feedback ("Comments") submitted to paper.li shall become the property of Smallrivers. Smallrivers will have exclusive ownership of all present and future existing rights to the Comments of every kind and nature everywhere and will be entitled to use the Comments for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Comment.
General Use of the Services – Permission and Restrictions
You agree not to distribute to any medium any part of the Service without paper.li written authorization, unless paper.li issues a general authorization for a specific use of the Services or makes available the means for such distribution through functionality offered by the Services.
The Services is not intended for any commercial use, in particular:
the sale of advertising, sponsorship or promotions placed on or within the Service;
the sale of advertising, sponsorship or promotions related to the Services, for example on any page of a blog or any other web service containing all or part of the Service, unless substantial other content or material appears on the same page unless you obtain Smallrivers’ prior written approval.
You agree to refrain, at all time, to use any part of the Services for the above mentioned used.
You also agree not to modify, alter, translate, or otherwise create derivative works of any part of the Services. If you embed any part of the Service on any other web service, blog or webpage, you agree not to modify, alter, build upon, or block any part or functionality or feature of the Service.
You agree not to decipher, decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
You agree not to use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes, to obtain password, account, or private information from any paper.li user. You agree not to run Maillist, Listserv, any form of auto-responder, or spam on the Site or through or in communication with the Services.
In order to guarantee that the content accessible through the Services is secure and lawful, you represent, warrant and agree that you will not contribute any Content, comments, feedback that:
infringes, violates or otherwise interferes with any copyright or trademark of another party, or any intellectual property of another party;
is defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically objectionable, or otherwise violates any law or right of any third party;
contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, or expropriate any system, data or information.
Smallrivers and paper.li may remove any user Content from the Services at any time, for any reason or for no reason.
Charges and Billing (Only apply to paper.li Pro)
When and if you opt in for Paper.li Pro, you agree to pay all fees or charges incurred by your account, including applicable taxes at the time that the applicable fees or charges becomes payable. Unless otherwise indicated, all prices are in US Dollars. Paper.li may add new products and services for additional fees and charges at any time in our sole discretion. You represent to Smallrivers that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
Warranty disclaimer
You agree that your use of the Services shall be at your own risk. To the fullest extent permitted by law, Smallrivers, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services, the Site, and their use thereof.
You release paper.li and Smallrivers from all liability for your having accessed or not accessed Content through the Services. paper.li and Smallrivers make no representations concerning any content contained in or accessed through the Services, and paper.li will not be responsible or liable for the accuracy, copyright, trademark or any other intellectual property law compliance, legality or decency of material contained in or accessed through the Services.
Smallrivers makes no warranties or representations about the accuracy or completeness of its Site or Service content, or the content contained in Third Party Services, and assumes no liability or responsibility for any harm, loss or damage resulting from:
use of the Services and the Site;
use of Content contained in or accessed through the Services;
errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;
completeness, accuracy, availability, timeliness, security or reliability of the Services and any content displayed thereon;
temporary or permanent interruption or cessation of our Services;
any viruses, bugs, worms, trojan horses, or the like, which may be transmitted by any third party to or through our Services to your computer system;
any content posted in any community area of the Site; or
un-authorised disclosure of information, images or any other data resulting from the use of the Services;
non-compliance by Third Party Services and/or their users with applicable laws and regulations.
Smallrivers does not warrant, endorse, guarantee, or assume responsibility for any product or services offered or advertised by a third party through the Services or on its web Site or any hyperlinked services or featured in any banner or other advertising, and Smallrivers will not be a party to or in any way be responsible for any transaction between you and any third party providers of products or services.
For clarity, you agree that paper.li and Smallrivers has no fiduciary duty to you. In particular, Smallrivers has no duty to take any action to control or otherwise supervise which users gain access to and cannot guarantee the identity of any other users with whom you may interact in the course of using the Services or the authenticity of data provided by other users. Smallrivers has no control whatsoever over the Content of Third Party Services you access via the Services, and therefore cannot be held liable and assumes no responsibility for any use or interpretation of the Content by you, for any effect the Content may have on you, or for any action you may take as a result of having been exposed to the Content.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Smallrivers, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and attorneys' fees, arising from any claim or demand made by any third party due to or arising out of:
your access to or use of the Services;
your violation of any of these Terms;
your infringement, or the infringement by any third party using your registration information, of any third party right, including without limitation any copyright, property
any claim that your use of the Services caused damage to a third party.
This indemnification obligation will survive these Terms of Use and your use of the Services.
Limitation of liability
In no event shall Smallrivers, its directors, officers, shareholders, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any:
use of or inability to access or use the Services or the Site;
use of information or content contained in or accessed, or obtained, through the Services or the Site;
errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;
any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through our Services by any third party to your computer system;
any content posted by users or third parties in any community area of the Service or the Site;
unauthorised disclosure of information, images or any other data resulting from the use of the Services;
any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third party, or
any unauthorised use of copyright, trademark or any other intellectual property rights by any Third Party Services and/or their users.
Termination
Either party may terminate the Services at any time. Smallrivers may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Law and jurisdiction
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of Switzerland.
All claims, legal proceedings or litigation arising from or relating to the subject matter of these Terms shall be brought solely in Lausanne, Switzerland, and you consent to the jurisdiction of and venue in such courts and waive any objection thereto.
Miscellaneous
Both parties agree that these Terms, together with the Privacy Policy, Intellectual Property Policy and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be construed so as to best accomplish its intended objectives. The remaining provisions of these Terms shall remain in full force and effect.
The Terms of Use is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.