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PROMO Details

INTRODUCTION

Before using www.villainpaper.com (the “Website”) and all accompanying applications (the “Apps”) (collectively, the “Services”) that are provided by VillainPaper, LLC (“VillainPaper,” “us,” “we,” or “our”), you (the “User,” “you,” or “your”) must read and agree to our Terms of Service, which are contained herein. You are not permitted to use our Services if you do not agree to our Terms of Service. Our Terms of Service and any other documents referenced herein constitute a legally binding agreement between you and VillainPaper.

WELCOME

We are happy to have you as a customer, and we want your experience using our Services to be as valuable and rewarding as possible. To help us ensure such an experience for all of our customers, we require that you follow some simple rules when interacting with us and using our Services.

AGREEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE

By using any of our Services in any way, including but not limited to visiting our Website, downloading our Apps, or registering with us by creating an “Account”, you agree to accept without modification the terms, conditions, and notices contained within these Terms of Service and any document referenced herein. Please read our Terms of Service carefully, and keep a copy of them for your reference. We reserve the right to update our Terms of Service from time to time. We may do so without notice, although notice of significant changes, in our sole discretion, may be given. When we update our Terms of Service, your continued use of our Services constitutes your acceptance of any new or changed terms.

PRIVACY

Your use of our Services is subject to our Privacy Policy. Please review our Privacy Policy, which describes how we attempt to protect your privacy, our data collection practices, and the ways in which we may use information you provide to us. .

ELIGIBILITY REQUIREMENTS

You must be at least 18 years old to create an Account. No User under the age of 18 will be permitted to create an Account under any circumstances. By creating an Account, you affirm that you are over the age of 18. Any User under the age of 18 is required to obtain the consent of a parent or guardian over the age of 18 before using our Services. We disclaim all liability for any User who fails to obtain the consent of a parent or guardian before using our Services. Any User under the age of 18 is required to use our Services under the supervision of a parent or guardian. When you use our Services, we expect you to do so appropriately. Abusive conduct towards us, our Services, or other Users, as determined by us solely at our discretion, will not be tolerated and may result in the termination and revocation of your Account. In addition, you may not share your Account with any person or party who is not both: (1) a member of your immediate household; and (2) a spouse or child. By using our Services, you agree that your use is lawful under all laws and regulations applicable to you. We reserve the right to refuse, cancel, or otherwise restrict your ability to use our Services at any time, and in our sole discretion. .

CONTENT

“Content” means any information published on our Services, including but not limited written materials, text, visual materials, comic books, photographs, data, videos, software, and audio materials. The Content available on VillainPaper will change often. You agree that we do not need to provide notice of changes to any Content available on our Services. You also acknowledge that available Content may vary by geographic location, device, internet service, and other factors. We reserve the right to alter, remove, block, or edit any Content at any time without notice to you. Any internet or data charges that apply to you while using our Services are your sole responsibility. “Content” also includes “User Content.” User Content includes, but is not limited to, ratings, feedback, suggestions, and comments. The User responsible for generating, inputting, uploading, or posting (“Submitting” or “Submit”) each piece of User Content agrees that User Content is accurate, complete, and complies with all applicable laws and regulations. User Content may be shared publicly. The User Submitting each piece of User Content agrees that any damages or loss arising from such User Content is solely the responsibility of that User. VillainPaper makes no guarantees about the accuracy or reliability of User Content, and we have no obligation to monitor User Content. User Content should relate only to the Services and Content we or our partners provide. You agree that you will not Submit User Content intended to: defame, harass, stalk, threaten, or otherwise violate the legal rights of others. You agree not to Submit inappropriate, profane, defamatory, infringing, obscene, indecent, or other unlawful User Content. You agree not to Submit User Content that contains advertisements or offers to sell, in any manner, goods or services without our express, written consent. You also agree not to Submit User Content intended to harvest or solicit personal information about others, including e-mail addresses, without our express, written consent. By Submitting User Content, you agree to grant us and our affiliate companies and necessary licensees or sublicensees permission to use the same, without compensation, in connection with our business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content, and to publish your name in connection with your User Content. This license shall be global, non-revocable, non-exclusive, perpetual, and royalty free. We may use User Content for any purpose, including for promotion. VillainPaper is under no obligation to post or use any User Content and may remove any User Content at any time in VillainPaper’s sole discretion. By Submitting User Content, you warrant and represent that you own or otherwise control all rights to your User Content, including without limitation, the rights necessary for you to Submit it. VillainPaper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VillainPaper's sole discretion. Always use caution when giving out any personally identifying information about yourself or your family. VillainPaper neither controls nor endorses specific User Content, and we therefore specifically disclaim any liability with regard to User Content. You agree to hold VillainPaper harmless for any liability resulting from your Submitting User Content.

ACCOUNTS

Generally, to use our Services, you must register with us by creating an Account. You agree to provide accurate and complete information when creating an Account and keep such information updated. When you create an Account, you will be required to select a user name and password. VillainPaper reserves the right to reject, suspend, or terminate any Account with a user name that, in our sole discretion, is intended to impersonate, or infringes upon the rights of, another person, or user names that are offensive, derogatory, vulgar, or obscene. By creating an Account, you agree that you are solely responsible for the activity occurring using your Account. You also agree that you are responsible for maintaining the confidentiality of and safeguarding your Account and all “Account Information,” including but not limited to your user name and password. “Account Information” does not include information like your name or e-mail address. You may not assign or otherwise transfer your Account to any other person or entity without our express, written consent. You may not use another person’s Account or Account Information to use our Services, except as set forth in the Eligibility Requirements herein. You agree that VillainPaper is not responsible for third-party access to your Account that results from activities like theft and misappropriation. You also agree to notify us immediately of any change to your eligibility criteria or of the unauthorized use of your Account. VillainPaper reserves the right to terminate, revoke, cancel, or suspend your Account at any time and in our sole discretion. When we take these actions, we may, but are not required, to issue a refund, in our sole discretion. You also have the right to cancel your Account at any time. No refunds for prior charges will be issued for cancellations you elect. .

THIRD PARTY SITES AND SERVICES

VillainPaper may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of VillainPaper and VillainPaper is not responsible for the contents of any Linked Sites, including without limitation any link contained in Linked Sites, or any changes or updates to Linked Sites. We provide a connection to Linked Sites as a convenience, and such links are not intended to imply endorsement of Linked Sites by VillainPaper. You agree that we are not liable in any way for damage or loss caused by or in connection with the use of any Linked Sites or the content thereof. VillainPaper also allows you to connect your Account with third-party services, including social networking websites like Facebook and Twitter. By connecting your Account or our Services to a third-party service, you agree that we have permission to access and use any information, content, or material you have supplied to that service, as allowed by that service’s rules, requirements, or terms. You also agree to the continuous release of information about you to others, in accordance with the applicable service’s rules, requirements, or terms. If you do not want information about you to be shared in this manner, do not use this feature. If you decide to use this feature, please be cognizant of any privacy settings associated with the third-party service you connect. Certain services available from VillianPaper are delivered by third-party organizations, institutions, websites, and services. By using our Services, you agree that VillianPaper may share any data and information with any third party with whom VillianPaper has a relationship, contractual or otherwise, to assist us in providing our Services. .

INTELLECTUAL PROPERTY

Content included as part of our Services, including text, graphics, logos, images, and compilations thereof, is the property of VillainPaper or its suppliers, with the exception of User Content. This Content is protected by copyrights and other laws that protect intellectual property and proprietary rights. You agree to maintain the integrity of all intellectual property on our Services and abide by all intellectual property laws and restrictions applicable to any Content accessed through our Services. Duplication, copying, reproduction, and similar activities are prohibited without the express, written consent of the rights holder. Similarly, the disassembly, modification, editing, and creation of derivative works, and other similar acts, of any Content available on our Services is prohibited without the express written consent of the rights holder. You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, available for use with our Services. VillainPaper Content is not for resale. You are prohibited from the unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You are prohibited from circumventing, or attempting to circumvent, any technology utilized by VillainPaper to preserve the integrity of our suppliers’ intellectual property. You will use protected Content solely for your personal use, and will make no other use of the content without the express written permission of VillainPaper and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of VillainPaper or our licensors except as expressly authorized herein.

DMCA COPYRIGHT POLICY

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the designated agent to receive notification of claimed infringement (“Designated Agent”) is identified at the end of these Terms of Service. If you believe that Content residing on, or accessible through, our Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent identified below: (1) Identification of the works or materials allegedly being infringed;
(2) Identification of the works or materials that are claimed to be infringing, including information regarding the location of the infringing materials the copyright owner seeks to have removed, in sufficient detail to allow us to find and verify its existence;
(3) Your contact information, including address, telephone number, and e-mail address;
(4) A physical or electronic signature of a person authorized to act on behalf of the copyright owner
(5) A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
(6) A statement made under penalty of perjury that the information you provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner.

LICENSE

Subject to these Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services and access Content we make available. As a condition of your use of our Services, you warrant that you will not use our Services for any unlawful purpose or any purpose that is prohibited by these Terms of Service. You will not use our Services in any manner that could damage, disable, overburden, or impair the provision of our Services, or in any manner that interferes with any other person’s use and enjoyment of our Services. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided through our Services.

ELECTRONIC COMMUNICATION

Using our Services constitutes electronic communications. You agree to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or through our Services, satisfies any legal requirement that such communication be in writing.

INTERNATIONAL USERS

Our Services are controlled, operated, and administered from our offices within the United States of America. If you access our Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the VillainPaper Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

TERMINATION

The violation of these Terms of Service, at our sole determination, may result in the termination, revocation, cancellation, or suspension of your ability to access our Services, with or without notice, and effective immediately. When we take these actions, we may, but are not required, to issue a refund, in our sole discretion. You agree we are not liable to you or any third party for taking these actions. We shall have the right to terminate these Terms of Service and your right to use our Website and all other Services at any time, in our sole discretion, and without notice to you. The licenses granted herein shall automatically terminate without advance notice if you fail to comply with a material provision of these Terms of Service. You may terminate your access to our Services at any time by cancelling your Account and discontinuing your use of any and all parts of our Services.

Upon termination of these Terms of Service, your Account, or your use of our Services, you shall immediately cease using our Services. All provisions of these Terms of Service that by their nature should survive termination shall do so, including your grant of license to User Content, ownership provisions, warranty disclaimers, indemnity obligations, payment obligations, limitations of liability and choice of law provisions.

 

PROMOTIONAL TERMS AND CONDITONS

Comic Con Promotion

For a limited time, VillainPaper is offering a small group of Users the opportunity to register for extended access to certain public domain Content offered through our Services at a discounted rate ("Comic Con Promotion”). The right of access for sale under the Comic Con Promotion shall terminate the earlier of three years following the date of payment or June 30, 2019 (the “Comic Con Promotional Period”). The right of access granted pursuant to the Comic Con Promotion shall be to public domain Content designated by VillainPaper (“Comic Con Promotion Content”). The Comic Con Promotion Content is subject to change without notice during the Comic Con Promotional Period. VillainPaper may terminate the Comic Con Promotion prior to the expiration of the Comic Con Promotional Period upon VillainPaper’s sale or for any reason described elsewhere in these Terms of Service. All other Terms of Service remain in effect. The Comic Con Promotion is limited to the first 250 unique Users who register with VillainPaper and submit payment of the designated amount, and the number of users to whom the Comic Con Promotion is available may be increased at VillainPaper’s sole discretion. There are no refunds under the Comic Con Promotion. Wisconsin residents are subject to 5% sales tax.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VillainPaper, its officers, directors, employees, agents, and third parties, for any losses, liabilities, costs, or expenses (including reasonable attorney fees) relating to or arising out of your use or inability to use our Services, any User Content Submitted by you, your violation of any of our Terms of Service, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with VillainPaper’s election.

LIMITATION OF LIABILITY

THE CONTENT INCLUDED IN OR AVAILABLE THROUGH OUR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VILLAINPAPER, LLC AND/OR ITS SUPPLIERS, EMPLOYEES, AGENTS, OR PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO CONTENT OR SERVICES AT ANY TIME.

VILLAINPAPER, LLC AND/OR ITS SUPPLIERS, EMPLOYEES, AGENTS, OR PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT CONTAINED ON OUR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VILLAINPAPER, LLC AND/OR ITS SUPPLIERS, EMPLOYEES, AGENTS, OR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VILLAINPAPER, LLC AND/OR ITS SUPPLIERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR:
(1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF VILLAINPAPER, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES
(2) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SOFTWARE BUGS, GLITCHES, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF ORIGIN;
(3) ANY DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO US FOR THE USE OF OUR SERVICES DURING THE IMMEDIATELY PRECEDING THREE MONTHS; OR (B) FIVE HUNDRED DOLLARS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GOVERNING LAW

These Terms of Service, and your relationship with us, is governed by and construed in accordance with the laws of the State of Wisconsin, including its choice and conflicts of law rules, and of the laws of the United States of America. You agree that any dispute arising from or relating to these Terms of Service will be subject to the exclusive jurisdiction and venue of the state and federal courts of Milwaukee County, Wisconsin, except as it pertains to imminent harm to our Services requiring injunctive relief, which may be sought in any court with jurisdiction over the parties. You acknowledge that, in exchange for your agreement to this provision, we are able to offer the Services under the terms herein, and that your assent to this provision is an indispensable consideration to these Terms of Service. Use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including, without limitation, this section. VillainPaper's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Services or information provided to or gathered by VillainPaper with respect to such use. You also agree and acknowledge that, with respect to any dispute with us, our employees, agents, or officers, arising out of or relating to your use of our Services or these Terms of Service, YOU FORFEIT YOUR RIGHT TO A TRIAL BY JURY; AND YOU FORFEIT YOUR RIGHT TO SERVE AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

CHANGES TO TERMS

We reserve the right, in our sole discretion, to modify, change, or replace any of these Terms of Service, or to change, suspend, or discontinue Services or Content at any time, with or without notice to you. We may also impose limitations upon Services we offer without notice. We recommend that you periodically review these Terms of Service for changes. Your continued use of our Services constitutes your acceptance of any modifications, changes, or replacement of any of these Terms of Service.

ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Service represent the entire agreement between you and VillainPaper with respect to the provision of our Services, and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us. If any provision of these Terms of Service are deemed unenforceable or invalid, the remainder of these Terms of Service, to the maximum extent possible, with remain in full force and effect. In addition, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The failure of any party to exercise in any respect a right provided for by these Terms of Service shall not be deemed a waiver of any further rights. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

FORCE MAJEURE

Our goal is to provide constant and consistent access to our Services. However, we will not be liable for any failure to perform our obligations under these Terms of Service where such failure is the result of any cause beyond our reasonable control, including, but not limited to, mechanical, hardware, electronic, or communication failure or degradation.

ASSIGNMENT

These Terms of Service are personal to you and are not assignable or in any way transferable by you without our prior express, written consent. We may assign or in any way transfer any of our rights under these Terms of Service without notice or consent.

AGENCY

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service or your use of our Services, and neither party has any authority of any kind to bind the other party in any respect.

NO WAIVER

Our failure to enforce any provision in these Terms of Service shall not constitute waiver of our right to late enforce that provision or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must give you written notice of such waiver through one of our authorized representatives.

HEADINGS

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

CONTACT US

We welcome your questions or comments. You may send them, or a DMCA notice as described above, to: VillainPaper, LLC
801 W Rock Pl.
Glendale, WI 53209 E-mail address:
admin@villainpaper.com Effective as of November 10, 2014
Last updated: February 29, 2016