Terms and Conditions

WE ASK THAT YOU CLOSELY REVIEW THESE TERMS AND CONDITIONS BEFORE YOU USE, ACCESS, POST OR PURCHASE ANY ITEM ON WWW.MYPAPERBAGS.NYC, OR ANY OTHER AFFILIATED WEBSITE THAT LINKS TO AND UTILIZES THESE TERMS (ALL SUCH PLATFORMS, COLLECTIVELY REFERRED TO AS THE "SITE"). THESE TERMS ALSO GOVERN THE PROVISION AND  SALE OF PRODUCTS AND SERVICES BY PRODUCT PATHS, LLC (D/B/A MYPAPERBAGS.NYC) AND NYGRAPHX CORP. (COLLECTIVELY REFERRED TO AS THE “COMPANY”).

WE STRONGLY URGE YOU TO CLOSELY REVIEW THESE TERMS AND CONDITIONS IN FULL BEFORE USING OR ACCESSING ANY CONTENT OR PURCHASING ANY PRODUCTS ON OR THROUGH THE SITE. BY VIRTUE OF YOUR USING OR MAKING ANY PURCHASE ON THE SITE, YOU EFFECTIVELY DEMONSTRATE IN FULL YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW OR OTHERWISE CONTAINED HEREIN. IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, PROVIDE ANY INFORMATION TO, OR PURCHASE ANY ITEMS ON, THE SITE!

Use of Site

You are granted permission to access and use this Site and its Content and to create an account for the sole purpose of preparing, evaluating, and ordering products or services solely through Company (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Company does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by Company. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Company reserves the right, in Company’s sole discretion, to refuse to accept any content provided by you to Company or to process any order at any time and for any reason. Company also may terminate its service to and/or the accounts of customers found to be using Company to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Company shall have no liability of any kind to you or to any third party arising from such refusal or termination. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Company to produce the Products on your behalf. You grant Company the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Company to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.  When you create an account during registration, you are able to personalize products and save these designs for future use or ordering. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

 

Indemnification

You agree that you shall indemnify Company and all parties from whom Company has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Company or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand. 

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Company to do so. If those consumer guarantees apply to you, and Company cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Company: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Company to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Company’s Satisfaction Guarantee is good for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Company´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM COMPANY OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Company in connection with the operation or content of this Site shall be provided by the submitter and received by Company on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Company. By submitting any such information to Company, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Company shall be free to use such information on an unrestricted basis.

Privacy

Company has set out in its Privacy Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

Miscellaneous

You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

Governing Law

The parties you are contracting with and the seller of the products and services offered and sold on this Site are NYGraphX Corp., a registered Corporation in New York State, and Product Paths, LLC, a limited liability company organized under the laws of the New York State. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the United States. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be in the jurisdiction of New York. You agree to submit to the jurisdiction of courts sitting in the New York and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Company that a court sitting in New York is an inconvenient forum for such legal action or proceeding.