April 20, 2020
INTELLECTUAL PROPERTY OWNERSHIP & USE
You agree that Pennysmiths Paper owns and shall own all right, title and interest, throughout the world, in and to the Website and Service, and all copyrights, trade secrets, trademarks, service marks, trade dress rights, patent and invention rights, and other intellectual property rights associated therewith. Please be aware that as you visit and navigate this Website your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
For international Website users: This Website is hosted in the United States and is intended for and directed to users in the United States. By using this Website you are subjecting yourself to the laws and jurisdiction of the United States.
You may not use any of the Pennysmiths Paper trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Pennysmiths Paper and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Pennysmiths Paper’s products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
All text, graphics, photographs, logos, button icons images, audio clips, digital downloads, and data compilations appearing on the Website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Pennysmiths Paper and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
ERRORS & INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
SHIPMENT OF ORDER
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on francesvalentine.com. All purchases from pennysmiths.com are made pursuant to the terms and conditions found on this Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
GENERAL RULES OF CONDUCT
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction and/or to the extent any such source code is open source; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any content or services will be made available through the Website. The Company has no obligation to monitor the Website. The Company reserves the right to, at any time, for any reason, and without notice, to remove or block any content, including, but not limited to, any content you may submit, to the Website. Pennysmiths Paper reserves the right not to comment on the reasons for any of these actions.
THIRD PARTY SITES AND MOBILE SERVICES
The Website may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
The Website may include certain services that are available via a mobile device, including (i) the ability to browse the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Website or Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
Frances Valentine will remove infringing materials in accordance with the DMCA if properly notified that content on the Website infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Pennysmiths Paper’ Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Website, sufficient for Pennysmiths Paper to locate the material; • your address, telephone number, and email address;• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement is: Pennysmiths Paper. Attn: Copyright Agent 402 Rio Grande Blvd NW, Alb, NM 87107 Email: [email protected]
CONSENT TO ELECTRONIC DELIVERY OF NOTICES
By using the Website, you consent to receive from Pennysmiths Paper all communications including notices, agreements, legally required disclosures, or other information in connection with the Website (collectively, “Contract Notices”) electronically. Pennysmiths Paper may provide the electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website.
APPLICABLE LAW AND VENUE
By visiting our Website, you agree that the laws of the State of New Mexico, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Pennysmiths Paper or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New Mexico. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Website, shall be filed only in the state or federal courts located in Bernalillo County in the State of New Mexico and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
INTEGRATION AND SEVERABILITY