PaperCall Terms of Use

Updated At May 29th, 2017

1. Who We Are

1.1 PaperCall.io

Welcome to PaperCall! We are a event and speaker management platform, helping speakers find opportunities to share their expertise and helping events create amazing speaker lineups.

1.2 The Services

PaperCall’s websites and domains, including www.papercall.io, and all of the webpages, subdomains and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us, including our API (application programming interface) are offered, maintained and provided by PaperCall. We refer to all of these as our “Services.”

1.3 Users

Through the Services, PaperCall provides a platform registered users to find, attend, speak at, and organize events. These registered users are known collectively as “Users”. In the context of an event, Users are also event organizers (“Organizers”) and the users who are creating or submitting talks for selection from said events are known known as “Speakers”. We refer to Organizers, Speakers and other visitors and browsers of the Services collectively as “Users”, “Organizers”, “Speakers” or “you.”

1.4 Contracting Party

The Services are being provided to you by, and you are entering into these Terms of Service with, SharkJump LLC., a Wyoming LLC doing business as PaperCall.io with its principal place of business at 412 N Main St Suite 100 Buffalo, Wyoming 82834 (“PaperCall US”).

For purposes of these Terms of Service, PaperCall US, as applicable, shall be referred to as “PaperCall,” “us,” “we” or “our.”

2. Our Terms Of Service 2.1 Terms of Service Agreement

The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service.

3. Your Acceptance 3.1 Binding Agreement

You agree to these Terms of Service and you enter into a binding contract with PaperCall either when you create an account. If you are not a registered user or an unregistered User, you agree to these Terms of Service and you enter into a binding contract with PaperCall by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.

3.2 Modifications

PaperCall reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the PaperCall website with a change to the “Updated” date at the top of these Terms of Service. In certain circumstances PaperCall may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Services Agreement or written Addendum Agreement, signed by you and an authorized officer of PaperCall.

4. Term; Termination 4.1 Term

These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.

4.2 Termination by PaperCall

Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Services Agreement between you and an authorized officer of PaperCall, PaperCall may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose PaperCall to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that PaperCall shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

4.3 Termination by You

Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Services Agreement between you and an authorized officer of PaperCall, you may terminate your access to the Services and these Terms of Service by deleting your account. If you need help deleting your account, please email us @ support@papercall.io. In the event there is a separate agreement between you and PaperCall governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.

4.4 Survival of Terms

All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

5. Special Terms For International Use 5.1 US Export Laws

The Services are subject to United States export controls and economic sanctions laws. In accepting these Terms of Service you represent and warrant that:

(a) you are not located in, and you are not a national or resident of, any country to which the United States has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including without limitation, Cuba, Iran, North Korea, Sudan or Syria; and

(b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that appears on the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (iv) that appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) that appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.

6. Important Legal Terms Governing All Use Of The Services (AKA, The Legal “Stuff”) 6.1 Indemnification

You agree to defend, indemnify and hold PaperCall, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Service, including, without limitation the Terms of Use and any other part of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Organizers, your events or the fact that PaperCall was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of PaperCall’s gross negligence or willful misconduct. PaperCall shall provide notice to you of any such Claim, provided that the failure or delay by PaperCall in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

6.2 Disclaimer of Warranties

PAPERCAL PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP PAPERCALL UP, BUG-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAPERCALL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, PAPERCALL MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT PAPERCALL HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING USERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING SPEAKERS AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION AND PAPERCALL IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND PAPERCALL HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.3 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, PAPERCALL, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TERMS OF USE AND ANY OTHER PART OF THESE TERMS OF SERVICE, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAPERCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND PAPERCALL’S REASONABLE CONTROL. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.4 Release

PaperCall provides a platform in which Speakers and Organizers can interact. However, PaperCall could not function if it were held responsible for the actions or inactions of different Speakers, Organizers, or Users and/or third parties both on and off the Services. Therefore, as an inducement to PaperCall permitting you to access and use the Services, you hereby agree to release PaperCall, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

6.5 Trademarks

The trademarks, service marks and logos of PaperCall (the “PaperCall Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of PaperCall. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with PaperCall Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of PaperCall specific for each such use. The Trademarks may not be used to disparage PaperCall, any third party or PaperCall’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless PaperCall approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any PaperCall Trademark shall inure to PaperCall’s benefit.

6.6 Notices

Notices to you may be sent via either email or regular mail to the address in PaperCall’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact PaperCall or deliver any notice, you can do so as follows:

SharkJump LLC, dba PaperCall, a Wyoming LLC Email: support@papercall.io

6.8 Entire Agreement

These Terms of Service, including the Terms of Use and any other part of these Terms of Service, constitute the entire agreement between you and PaperCall and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and PaperCall on the subject matter hereof, other than any written Services Agreement or Addendum Agreement between you and an authorized officer of PaperCall relating to a specified event or events.

6.9 Choice of Law

Except as set forth in Section 6.10 below, these Terms of Service and the provision of the Services to you are governed by the laws of the state of Wyoming, U.S.A., without reference to principles of conflict of laws.

6.13 Violations

Please report any violations of these Terms of Service by email to support@papercall.io.

6.14 Assignment

We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

6.15 Relationship

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in Section 4 of the Terms of Use.

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