Terms Of Use

Terms Of Use

Effective Date:  February 1, 2024

 

 

Welcome to the Tempaper & Co. website of Lolliprops Inc. (“Tempaper & Co.”, “we” or “us”).  The following terms of use (“Terms of Use” or “Agreement”), govern your access to and use of the site at www.tempaper.com, including any content, functionality and services offered on or through the site (the “Website”).

If you intend to submit any content to the Website or link or refer to the Website using social media, please carefully review the terms in Section 5 below.


1. Acceptance of the Terms of Use

Please read these Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated into these Terms of Use by reference.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.


2. Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.


3. Intellectual Property Rights

The Website displays and utilizes various types of proprietary content and materials, including without limitation: 

  • copyrightable materials, such as text, images, photographs, designs, graphics, video clips, audio clips, data, technology, software, graphical interfaces, the “look and feel” of the site, the selection, compilation, assembly and arrangement of site materials, and other copyrightable materials (including source code and object code);
  • trademarks, trade names, trade dress, logos, slogans and other trade identities and the domain names and URLs associated therewith, whether registered or unregistered; and
  • other types of proprietary materials (all of the foregoing, collectively and individually, “Content”).

The Website and its features and functionality (including all Content), are owned by Tempaper & Co., its licensors and certain other third parties.  All right, title and interest in and to the Content is owned by Tempaper & Co., its licensors or certain other third parties and is protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property, unfair competition and proprietary rights laws. This applies to Content, whether registered or unregistered, and regardless of whether a proprietary notice appears on such materials.  You must not delete or alter any copyright, trademark or other proprietary rights notices from the Website or materials obtained via the Website.


4. Limited License

Subject to your strict compliance with these Terms of Use and any applicable third party terms of use, Tempaper & Co. grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to (the “Tempaper & Co. Licensed Elements”):

  • download (temporary storage only), display, view, use, play and/or print on a computer or other internet enabled or permitted device (“Device”) one copy of the Content (excluding source and object code) for your personal, non-commercial use only;
  • stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Website;
  • if the Website includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
  • if the Website includes a “Download” link next to a piece of content (including an image, an icon, a wallpaper, a music track, a video, an RSS feed), you may only download a single copy of such content to a single Device;
  • if made available to you, obtain a registered personal account (and/or related username and password) on the Website and interact with the Website in connection therewith;
  • link to the Website from a website or other online service, so long as: (1) the links only incorporate text, and do not use any Tempaper & Co. names, logos, or images, (2) the links and the content on your website do not suggest any affiliation with Tempaper & Co. or cause any other confusion, and (3) the links and the content on your website do not portray Tempaper & Co. or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Tempaper & Co. We reserve the right to suspend or prohibit linking to the Website for any reason, in its discretion, without advance notice or any liability of any kind to you or any third party; and
  • use any other functionality expressly provided by Tempaper & Co. on or through the Website for use by users, subject to these Terms of Use (including functionality to create and/or post UGC (as defined below)).

This limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Tempaper & Co.’s sole discretion, without advance notice or liability. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the proprietary content and materials on our Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Tempaper & Co. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the obligations in this Section.


5. Content You Submit

User-Generated Content.  From time to time, we may invite or enable you to create, post, upload, display, publish, distribute, transmit, provide, broadcast, or otherwise make available on or submit through the Website, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, files, illustrations, graphics, photos, comments, responses, ideas, sounds, music, videos, information, data, questions, suggestions, personally identifiable information or other materials, including unsolicited ideas, concepts, inventions, designs or other submissions to us (collectively, but excluding any Tempaper & Co. Licensed Elements included therein, “UGC”).  You may be able to submit UGC through forums, blogs, message boards, social networking environments, content creation tools, social communities, e-mail and other functionality.  You retain whatever legal rights you may have in the UGC you submit and you remain ultimately responsible for it, but you agree to grant Tempaper & Co. a license to use the UGC as described in these Terms of Use.

Non-Confidentiality of UGC. Except as otherwise described in our Privacy Policy, you agree that: (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Tempaper & Co. does not assume any obligation of any kind to you or any third-party with respect to your UGC.  Upon Tempaper & Co.’s request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms of Use.  Before submitting UGC to the Website, please keep in mind that, as with any mobile communications and uses of the Internet, such content may not be secure and we are under no obligation to you or others to keep it confidential or secure or to return it to you at some later time. 

In your communications with Tempaper & Co., please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Tempaper & Co. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Tempaper & Co.’s receipt of your Unsolicited Ideas and Materials is not an admission by Tempaper & Co. of their novelty, priority, or originality, and it does not impair Tempaper & Co.’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Respecting Rights of Others. When using and interacting with the Website, you agree to respect the intellectual property and other rights of others, including those of the Tempaper & Co.  Please keep in mind that unauthorized uses of Content you do not own, and activities not authorized under these Terms of Use, could potentially violate the copyright, trademark, privacy, publicity, and other rights of others and subject you to liability.

License to Tempaper & Co. of UGC. You hereby grant to Tempaper & Co. a non-exclusive, worldwide, irrevocable, unlimited, unrestricted, unconditional, perpetual and royalty-free right and license to use, copy, record, distribute, reproduce, display, publicly perform, sell, resell, sublicense (through multiple levels), transmit, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC, for any purpose whatsoever, in all formats, on or through any medium now known or hereafter developed, and with any technology or device now known or hereafter developed, and to advertise and promote the same. These granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials; and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Tempaper & Co. to your UGC, you also hereby grant to Tempaper & Co., and agree to grant to Tempaper & Co. the unconditional, perpetual and irrevocable right to use your name, persona and likeness in connection with any UGC.  Except as prohibited by law, you waive any moral rights, including attribution and integrity, you may have in UGC.  Tempaper & Co. may, in its sole discretion, display, post, store, maintain, accept or otherwise use, your UGC and it may, in its sole discretion, modify, remove or refuse to post or use UGC, without notice or liability.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

Tempaper & Co.’s Exclusive Right to Manage our Website.  Tempaper & Co. may, but has no obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC. Tempaper & Co. may, in its discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC. We may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third-parties or these Terms of Use. Such UGC submitted by you or others need not be maintained on the Website by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Website or elsewhere, except as provided for in our Privacy Policy.

Your Representations and Warranties Related to UGC. When submitting UGC, you represent and warrant that:  (i) you are at least 18 and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit; (ii) you are the sole author of, or owner of all rights in, the UGC and you have the right to submit it without creating any liability to Tempaper & Co. or any third party; (iii) you will comply with these Terms of Use and applicable laws; (iv) the UGC is accurate; and (v) submission and use of the UGC will not infringe or violate any intellectual property or other right of Tempaper & Co. or any third party.

Enforcement. Tempaper & Co. has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Tempaper & Co.’s cost and expense, to which you hereby consent and irrevocably appoint Tempaper & Co. as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). 


6. Acceptable Use of Our Website and Content

You may use the Website and Content only for lawful, personal, non-commercial purposes and in accordance with these Terms of Use. You agree not to:

  • use the Website in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries);
  • use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Tempaper & Co. or users of the Website or expose them to liability;
  • engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Tempaper & Co.;
  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Website by any means whatsoever or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website;
  • monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind
  • use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
  • copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms of Use or with the prior written consent of an officer of Tempaper & Co. or, in the case of content from a licensor, the owner of the content;
  • introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • engage in phishing, impersonation, data mining or scraping, or any other attempt to interfere with the Tempaper & Co.’s business, data security, or the operations of the Website;
  • harvest or otherwise collect or store any information (including personally identifiable information about other users of the Website, including email addresses, without the express consent of such users);
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or use any device, software, or routine that interferes with, or otherwise attempt to interfere with, the proper working of the Website.

7. Website Registration/Passwords

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


8. Wireless; Messaging

Wireless Features. The Website may offer certain features and services via your wireless Device. Features and services may include the ability to access the Website’s features, upload content to the Website, receive messages from us, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features.  Please see our Privacy Policy for how we collect and use your personal information.

If you have registered via the Website for Wireless Features, then you agree to notify Tempaper & Co. of any changes to your wireless contact information (including phone number) and update your accounts on the Website to reflect the changes. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Website is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. 

Your use of the Wireless Features constitutes your agreement to our terms regarding the Wireless Features.  We may modify or cancel any or all of the Wireless Features (and their features and the terms relating to the Wireless Features) at any time without notice.   Your continued use of the Wireless Features following the effective date of any modifications constitutes your acceptance of such modifications.

Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. Subsequent or different subscriptions will be unaffected by an opt-out.   Also, if your opt-out is limited to certain types of emails, the opt-out will be so limited. We reserve the right to send you a message confirming any opt-out as well as non-marketing administrative, transactional or account related messages.

Mobile Messaging Services. You may be given opportunities to subscribe to various text marketing or other text messaging services and, by doing so, you consent to receive recurring SMS/text alerts from and on behalf of Tempaper & Co. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.  Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent or to which you later consent (to the extent specified). Alerts auto-renew unless otherwise specified when you consented.

You may opt-out of the mobile messaging service at any time. Text the single keyword command STOP to +18339093724 or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Tempaper & Co. mobile messaging programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

Your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. Your participation in the mobile messaging service is completely voluntary.  If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent.  We are the sponsor of our text messages. 

For Service support or assistance, text HELP to +18339093724 or email atyourservice@tempaper.com.

Charges. We do not charge for the Wireless Features.  However, in connection with the Wireless Features, email messages and text messages, standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Not all Devices and/or carriers are supported. Contact your carrier for details or with questions regarding these issues.

Errors. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Wireless Features, any errors in such information, and/or any action you may or may not take in reliance on the information or Wireless Features.

9. Reliance on Website Content/Third Party Content

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include or display proprietary and other content provided by users of the Website or other third parties, including, without limitation, designs, images, text, articles, comments, software, and other content and materials provided by third parties, including, without limitation, UGC (“Third Party Content”).   Tempaper & Co. is not responsible for Third Party Content, its accuracy, availability, or completeness, or for any representations made by third parties on the Website in connection with Third Party Content.  Any representations or opinions conveyed by others in connection with Third Party Content are solely the responsibility of those third parties and not of Tempaper & Co.  We are not responsible for, or liable to you or any third party for, such content or for the accuracy, availability or completeness of any Third Party Content, or for any violations of third party rights which may arise from the availability or display of Third Party Content.

 

10. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.


11. Links from the Website

The Website may contain links, as part of third-party ads on the Website or otherwise, to or from third-party websites, contents or resources (collectively, “Linked Websites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Tempaper & Co..  Tempaper & Co.: (i) may have no control over the content, operations, policies, terms, or other elements of Linked Websites; (ii) does not assume any obligation to review any Linked Websites; (iii) does not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items; (iv) is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites; and (v) will under no circumstances be liable for any loss or other damage caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Websites.  Any activities you engage in connection with any of the Linked Websites are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Websites. Tempaper & Co. disclaims all liability in connection therewith.

 

12. Disclaimer of Warranties

We cannot and do not guarantee or warrant that files or other materials available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Neither Tempaper & Co. nor any person associated with Tempaper & Co. makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the company nor anyone associated with Tempaper & Co. represents or warrants that the website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

THE TEMPAPER & CO. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

13. LIMITATION OF LIABILITY

IN NO EVENT WILL THE TEMPAPER & CO., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ON OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEMPAPER & CO.’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TEMPAPER & CO. IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


14. Indemnification

You agree to defend, hold harmless and indemnify us, our affiliates, and their respective officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs (including reasonable legal and accounting fees) arising out of or relating to your violation of these Terms of Use, your UGC, your violation of any laws or regulations, or your use of the Website, including your use of any information obtained from the Website.  You will not settle any such claims, causes or action or demands without the prior written consent of Tempaper & Co.  This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

 

15. Claims of Copyright Infringement

DMCA Notice.

Tempaper & Co. asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth more fully below. In our discretion, we may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer.   

If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that includes all of the following:

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Website on which the material appears);

(iv) your full name, address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

Tempaper & Co. will only respond to DMCA Notices that it receives by mail or email at the following addresses (and such addresses shall also be the notice address for other types of intellectual property infringement claim notices):

  • Regular Mail: Lolliprops Inc., Attention: Website Administrator, 381 Mantoloking Road, Brick, NJ 08723;
  • E-mail: atyourservice@tempaper.com

It is often difficult to determine if your copyright has been infringed. Tempaper & Co. may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. 

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by Tempaper & Co.  

Counter-Notification.

If access on the Website to a work that you submitted to Tempaper & Co. is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: “DMCA Counter-Notification”;

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Website from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, email address, and the username of your Website account (if applicable);

(v)  a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi) your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.


16. Miscellaneous Terms and Conditions

Custom Designs.  By submitting a custom design order you agree to the following terms and conditions. You represent and warrant that: (a) you own and or have properly obtained a license in all rights, title and interest in the related design and related artwork (collectively, the “Design”); and (b) the Design and the manufacture of the related product will not violate, infringe, or conflict with any rights of any third parties (including any copyrights) or violate any other law, rule or regulation.  You shall indemnify and hold harmless Tempaper & Co. from and against all costs, expenses, damages, lawsuits, and claims that arise from the manufacturing of the Design, including any infringement claims. Tempaper & Co. has the right to deny any Design that it deems inappropriate or offensive. Any images that you provide of the custom project are considered UGC.

Investigations; Cooperation with Law Enforcement; Termination; Survival. 
Tempaper & Co. reserves the right to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms of Use; (iii) use any information obtained by Tempaper & Co. in accordance with our Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Tempaper & Co. to comply with law enforcement requests or legal requirements in accordance our Privacy Policy; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms of Use; and (vi) discontinue the Website, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party.  Any suspension or termination will not affect your obligations to Tempaper & Co. under these Terms of Use. Upon suspension or termination of your access to the Website, or upon notice from Tempaper & Co., all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of these Terms of Use, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Tempaper & Co. in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and waivers of class actions and jury trials.

Website Location. The Website is operated from within the United States. We make no representation or warranty that the Website, or any content or other materials available on the Website, are appropriate or available for access or use in other locations. Those who access the Website from outside the United States of America do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent such local laws and regulations are applicable.

Assignment. Tempaper & Co. may assign its rights and obligations under this Agreement, in whole or in part, to any party, at any time, without notice. Your rights and obligations under this Agreement may not be assigned to any third party, without the prior written consent of an authorized Tempaper & Co. representative.

No Waiver. If you do not comply with these terms, and we do not take action right away, we are not waiving our right to take action in the future.

Applicable Law/Jurisdiction.  This Agreement and any disputes arising out of it shall be governed by the laws of the State of New Jersey, USA, without giving effect to any principles of conflicts of law.  Subject to the “Arbitration” Section below, Any legal action or proceeding related to this Agreement or relating to use of the Website shall be brought exclusively in the federal or state courts of Ocean County, New Jersey, USA, and you and we consent to personal jurisdiction in those courts.

Arbitration. 

By using the Website or purchasing Tempaper & Co. products or services, you agree that any controversy, claim, action, or dispute between you and Tempaper & Co. arising out of or relating to: (i) these Terms of Use, or the breach thereof; or (b) your access to or use of the Website or the product or services; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Ocean County, New Jersey, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the New Jersey, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Notwithstanding the terms of this Section, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of our products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to Tempaper & Co., 381 Mantoloking Road, Brick, NJ 08723, Attention: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Tempaper & Co. You are responsible for ensuring our receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver. You and Tempaper & Co. agree that you may bring or participate in Claims against Tempaper & Co. only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Tempaper & Co. agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

Entire Agreement/Severability.  These Terms of Use and any other agreements referenced herein, make up the entire agreement between us relating to your use of the Website, and replace any prior understandings or agreements (whether oral or written) between us relating to the Website. If a court or other competent legal authority finds that any individual portion of this Agreement is not enforceable, this will not affect the enforceability of any other terms.

Acknowledgement/Reservation of Rights.  You acknowledge that you have read and understood this Agreement, and that this Agreement has the same force and effect as a signed agreement. These Terms of Use include only narrow, limited grants of rights to use and access the Website and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY TEMPAPER & CO. AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Website for any purpose is prohibited.

Contact Information. 

If you have any questions about this Agreement or the Website you may contact us via e-mail at atyourservice@tempaper.com, via phone at 732.920.2654, through the Website at Contact Us, or via mail at:

Lolliprops Inc.

381 Mantoloking Road

Brick, NJ 08723