Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS”) CAREFULLY BEFORE ENGAGING WITH THIS WEBSITE OR ANY OTHER ONLINE PLATFORMS PROVIDED BY PAPER & ROOTS, INC. OR ITS AFFILIATES (“PAPER & ROOTS”, “WE”, “US”). BY ACCESSING OR USING OUR WEBSITE (“SITE”), PURCHASING ANY PRODUCTS WE OFFER (“PRODUCTS”), OR USING ANY SERVICES MADE AVAILABLE VIA THE SITE OR OUR MOBILE APPLICATION (“APPLICATION”), COLLECTIVELY KNOWN AS THE “SERVICES,” YOU ACKNOWLEDGE THAT: (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO ABIDE BY THESE TERMS. (2) YOU MEET THE LEGAL AGE REQUIREMENT TO ENTER INTO A BINDING CONTRACT WITH PAPER & ROOTS. (3) YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT, MAKING THAT ENTITY BOUND BY THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR ENTITY REGISTERED AS A USER ON THE SITE. IF YOU DISAGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

Some Services may have additional terms (“Supplemental Terms”) that will be presented to you during the signup process for that particular Service. In case of conflict between these Terms and the Supplemental Terms, the latter will take precedence for that specific Service. Together, these Terms and any applicable Supplemental Terms are referred to as the “Terms.” We value your privacy highly and have established a Privacy Policy detailing how we collect, use, and disclose your personal information. By using the Site and Services, you consent to all actions outlined in the Privacy Policy. Paper & Roots reserves the right to modify these Terms at any time, at our sole discretion. When changes occur, we will update the “Last Updated” date at the top of this page and provide the revised Terms on the Site or within the affected Services. We may also ask for your explicit consent to the updated Terms before you can continue using the Site and Services. If you do not agree with any changes, you must cease using the Site and Services. Your continued use of the Site and/or Services after changes have been made signifies your acceptance of the updated Terms. Make sure to regularly check the Site for the most current version of the Terms.

1. USERS.

You have the option to browse our Site without registration or you may choose to create an account (“Account”) with Paper & Roots to enjoy personalized services. Creating an Account is not mandatory for ordering Products. However, you must provide accurate, current, and complete information for your Account and/or Orders. If we suspect that the information provided is inaccurate, outdated, or incomplete, we reserve the right to deny or terminate your access to the Site or Services, or any part thereof.

2. ACCOUNTS.

When you set up an Account, you’ll be required to provide your name and email address, and you will need to select a password. This set of credentials is collectively referred to as your “Account Information.” Sharing your Account Information with third parties is strictly prohibited. If any activity occurs under your Account, we will assume that you or an authorized representative is responsible. You are solely accountable for maintaining the confidentiality of your Account Information and for all Orders and activities that occur under or in association with your Account. We reserve the right to take reasonable measures to ensure the security of the Site and your Account. This may include, but is not limited to, terminating your Account, changing your password, or requesting additional information for transaction authorization. If we take action under this clause, you are responsible for any activities performed under your Account that would be considered a violation of these Terms. Paper & Roots shall not be liable for any losses or damages that arise from:

(1) Any action or lack thereof on our part under this provision.

(2) Any compromise in the confidentiality of your Account or password.

(3) Any unauthorized access or use of your Account. You are not permitted to use anyone else’s Account at any time without the explicit permission of the Account holder. If you notice unauthorized use of your Account, you must inform us immediately. You agree not to create more than one Account or create an Account on behalf of someone else unless you have their explicit authorization.

3. ORDERS.

These Terms of Service govern any Order you place through the Paper & Roots website (“Site”) for products and/or services (“Order”).

a) Placing Orders: Browse through our offerings and select the products, template, layout or design you desire. Submit your digital artwork files through the Site’s interface. Customize and personalize the product and add it to your cart. Once you’ve completed your design, proceed to the payment gateway and input the required details.

b) Fulfilling Orders: Paper & Roots will process your payment immediately upon placement of the Order. Paper & Roots will print and frame the artwork in accordance with the specifications you provided during the ordering process. Once your artwork has been framed, we will ship the “Final Product” to you.

c) Accepting Orders: Paper & Roots retains the right to cancel and refund Orders if there are concerns related to copyright infringement or ownership rights. An electronic or other form of Order confirmation does not signify Paper & Roots’ acceptance of your Order. We reserve the right to decline any part or all of an Order for any reason. If we decline your Order, we will attempt to notify you at the email address you provided. An Order is considered accepted by Paper & Roots only upon the shipment of the Final Product. If any product in your Order is temporarily unavailable, we will proceed to ship the available products and inform you about the unavailability of others.d) Shipping Orders: The estimated shipping date depends on product availability and the time needed to process your payment. Note that this estimate does not include transit time. Currently, Paper & Roots ships exclusively within the United States. The risk of loss and title for the Final Product passes to you when Paper & Roots provides the Final Product to a common carrier for shipment.

4. PAYMENT.

To complete a purchase (“Order”), you’ll be required to provide Paper & Roots with necessary billing and shipping information, as prompted on the Site. Payment methods may include credit cards or any other payment methods currently accepted on our Site. By providing your payment details, you authorize Paper & Roots to charge the applicable payment method. We reserve the right to process the charge within thirty (30) days of receiving credit card authorization. You affirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You also affirm that any payment methods you use are either in your name or that you have been duly authorized to use them. Paper & Roots assumes that because Orders necessitate a valid form of payment, all Orders are placed by individuals 18 years or older. We shall not be responsible if minors or others use your credit card or payment method, whether with or without your consent. However, if you report unauthorized use, we will take reasonable steps within our control to prevent any future unauthorized transactions.

5. PRODUCTS & PRICING.

While we strive to showcase our digital art products as precisely as possible, please note that the colors you see on your monitor may vary due to differences in display technology. We cannot guarantee that your monitor will display the colors of our products accurately. Products displayed on our Site may be subject to change, and we cannot confirm the final price until you place an Order. Prices are also subject to change without notice, and some items may occasionally be incorrectly priced due to typographical errors or other unforeseen issues.If, upon receiving your digital art submission, we determine that the product you’ve selected is incompatible or unsuitable, we’ll contact you to discuss potential adjustments to your Order. This may affect the final price of your Order. You authorize us to adjust the charge on your chosen payment method in accordance with any changes you approve. Unless otherwise specified at the time of your Order, all listed prices are inclusive of shipping and handling. However, prices do not include sales tax or any other taxes, which we are obligated to add to your Order by law. Any such taxes will be added to the total cost of your purchase during the checkout process.

6. PROMOTIONS, SPECIAL OFFERS & GIFT CARDS.

Paper & Roots may offer promotions and special discounts through our website periodically. The terms and conditions for such promotions will be explicitly mentioned on our Site. We reserve the right, at our sole discretion, to modify, terminate, or otherwise amend promotional offers at any time. Only one promotional code may be applied per transaction unless otherwise stated. Paper & Roots Gift Cards can only be used for purchasing eligible products and services through www.paperandroots.com. The amount of the purchase will be deducted from the balance on the Gift Card. Any remaining balance will bestored in the user’s Paper & Roots account for future use. If the purchase amount exceeds the Gift Card balance, the extra amount must be covered by another form of payment. Our Gift Cards are free from any additional fees and do not expire. Gift Cards cannot be used to buy other Gift Cards and cannot be reloaded, resold, or exchanged for cash, unless required by applicable law. Unused balances cannot be transferred to another Paper & Roots account. The risk of loss or theft of a Gift Card transfers to the purchaser upon our electronic transmission of the Gift Card, whether to the purchaser or a designated recipient. Paper & Roots is not responsible for any unauthorized use, loss, or theft of your Gift Card. We reserve the right to close customer accounts and request alternative payment methods if we suspect that a Gift Card has been obtained or used fraudulently on www.paperandroots.com.

PAPER & ROOTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD BECOMES NON-FUNCTIONAL, YOUR ONLY REMEDY, AND PAPER & ROOTS’ ONLY LIABILITY, SHALL BE THE REPLACEMENT OF THAT GIFT CARD.

Some states do not allow limitations on implied warranties or exclusions of certain damages; in such cases, the above disclaimers and limitations may not apply to you, and you may have additional legal rights.

7. OWNERSHIP.

The technology and methods we employ to operate the Paper & Roots website and provide services (“Our Technology”) are proprietary to Paper & Roots. You acknowledge that:

(1) Our Technology is copyrighted under United States and international copyright laws.

(2) It is also protected by other intellectual property laws.

(3) All rights are owned by Paper & Roots or our licensors. Our Technology may not be duplicated, altered, distributed, republished, uploaded, transmitted, or resold without our explicit written consent and that of any relevant licensors. All copyright, trademarks, and other notices must be retained and displayed. No part of these Terms implies a right to obtain or access Our Technology outside of what is ordinarily available via the Paper & Roots platform. Certain logos, names, and other materials displayed on our website or services are Paper & Roots’ trademarks, service marks, or logos (“Marks”) or those of other entities. You are not permitted to use these Marks without explicit authorization. Ownership and goodwill of these Marks remain with us or the respective owners.

a) Usage. Provided you adhere to these Terms, Paper & Roots grants you a limited license to access and make personal or non-commercial use of the information and content on our website. Any separate license provided by Paper & Roots that specifies different terms supersedes this general license.

b) Third-Party Materials. You may encounter content or materials on our platform that are hosted by third parties. While we strive to maintain quality, you agree that we cannot continuously oversee these third-party materials. You engage with these materials at your own risk.

8. USER SUBMITTED MATERIALS.

a. When you submit any materials to Paper & Roots, such as your artwork, photographs, text, graphics, or any other content (hereinafter referred to as “User Submitted Content”), you retain ownership of those materials. You grant Paper & Roots and its designees a limited, non-exclusive, royalty-free license to use, reproduce, distribute, create derivative works of, and publicly display the User Submitted Content for the following purposes:

  1. To enable you to utilize our services to create, order, and purchase products.
  2. To facilitate the production or delivery of any products or services you request.
  3. To show you how your User Submitted Content would appear in our products or services.
  4. To allow Paper & Roots to provide its services. For example, if you order a custom piece, we may manipulate your User Submitted Content for crafting, packaging, and shipping.

b. While you maintain ownership of your User Submitted Content, any templates or layouts used to arrange your content through our platform remain the property of Paper & Roots.

c. You represent and warrant that you possess the necessary rights to the content you submit and that such content does not infringe upon any third-party rights, including copyrights, trade secrets, or intellectual property rights. You also warrant that the content is not unlawful or objectionable and complies with applicable laws and regulations.

d. If your Submitted Content includes identifiable individuals, you confirm that you have obtained explicit written consent from each person or, in the case of minors, from their parent or guardian.

e. We reserve the right to filter, refuse, or disclose any Submitted Content for the purpose of compliance with laws or these terms. You agree to indemnify and hold harmless Paper & Roots and its affiliates against any claims, losses, or damages arising from the use or misuse of your Submitted Content.

f. You are solely responsible for the content you submit. Paper & Roots may, at its sole discretion, determine whether your Submitted Content complies with these terms and is appropriate for its services. We are not obliged to remove any content but reserve the right to do so.

9. CONTENT RULES AND GUIDELINES.

Upon accessing the Paper & Roots website and/or services, you will find a variety of images, videos, audio, data, and other forms of information, collectively known as “Content.” You agree not to alter or modify any Content created by other users. Additionally, you affirm that you will not use, or contribute, any Content or User Submitted Materials in a way that:

Paper & Roots reserves the exclusive right to review, approve, and, if necessary, reject any User Submitted Materials or Content at its sole discretion. Specifically, if Paper & Roots determines that certain Content or User Submitted Materials are obscene or violate any provisions of this section or any other terms of use, we reserve the right to remove or reject such Content without prior notice to the user. The decision of Paper & Roots regarding the acceptability of any Content shall be final and binding.

10. USER CONDUCT GUIDELINES. Our primary aim is to ensure that accessing our Site and using our Services is a beneficial experience for everyone involved. By using Paper & Roots’ Site and Services, you agree not to engage in any behavior or activities that:

Your adherence to these User Conduct Guidelines is mandatory. Failure to comply may result in actions against your account, ranging from warnings to permanent bans, depending on the severity of the violation.

11. APPLICATION, SOFTWARE, AND THIRD-PARTY SERVICES.

Portions of our Application may include software that is licensed under open-source terms. Such software (“Open-Source Software”) is not covered by these Terms but is instead licensed according to the specific license terms applicable to that Open-Source Software. You agree to comply with any and all terms and conditions of such open- source licenses. The Paper & Roots Application may allow for integrations with third- party services or platforms (“Third-Party Services”), such as social media platforms. You confirm that you are authorized to grant Paper & Roots access to your third-party accounts associated with these Third-Party Services. Any content from these Third- Party Services that is imported into or used with the Paper & Roots Application will be considered as part of your submitted content and subject to these Terms. Please be aware that Third-Party Services may change their policies, and Paper & Roots cannot ensure continuous compatibility or support for such integrations.

12. FEEDBACK.

When you provide us with feedback, suggestions, or other commentary concerning our products, website, or services (collectively, “Feedback”), you agree that Paper & Roots is free to use such Feedback for any purpose. This includes implementing improvements or modifications to our offerings without owingyou any form of compensation, financial or otherwise. You grant Paper & Roots an unrestricted, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, adapt, and distribute your Feedback across any media or format currently known or developed in the future, and to allow third parties to do the same. This applies regardless of how the Feedback is delivered to us unless a separate written agreement states otherwise.

13. Use of Products by Paper & Roots.

Occasionally, we may seek your consent to feature products you’ve ordered or content you’ve submitted in our marketing materials or on our website. Should we request this, your permission will be sought beforehand. If consent is granted, Paper & Roots and its affiliates are granted a non- exclusive, worldwide, transferable, royalty-free, perpetual, and irrevocable right and license to use, reproduce, and display the corresponding products and content across all existing and future media for promotional purposes or other uses as we deem fit.

14. Modifications to and Discontinuance of the Site or Services.

Paper & Roots reserves the right to alter or cease the operation of our website and services, with or without prior notice. We shall not be liable for any impact these changes may have on you or any third parties. You may also need to update third-party software periodically to continue using our services. If you disagree with any alterations, your only option is to discontinue using our services. Continued usage after changes are implemented constitutes your acceptance of the modifications. We may also terminate your access to our services at our sole discretion, without any liability on our part.

15. Third-Party Content and Other Websites.

Content from other users and third parties may be available through our website and services. Since we have no control over such content, we cannot be held responsible for its accuracy, legality, or quality. We are also not accountable for content on websites not operated by us, even if linked from our site. While we offer these links for your convenience, their inclusion does not signify endorsement. It is your responsibility to review the terms and privacy policies of these third-party sites. UNDER NO CIRCUMSTANCES SHALL PAPER & ROOTS BE LIABLE FOR ANY ISSUES ARISING FROM YOUR INTERACTION WITH THIRD-PARTY WEBSITES OR CONTENT.

16. Disclaimer of Warranties.

All content, products, and services offered on or through the Paper & Roots website are provided “as is” and “as available,” without any warranties, either express or implied, unless explicitly stated otherwise. Paper & Roots makes no claims regarding the operation, reliability, or quality of the website, products, or services, including but not limited to warranties of merchantability, fitness for a specific purpose, non-infringement, or accuracy. Your use of the Paper & Roots website is solely at your own risk. We do not guarantee that the website, products, or services will meet your needs, or that your experience will be secure, uninterrupted, or error-free. No advice or information, whether oral or written, obtained from Paper & Roots will create any warranty not explicitly stated in these Terms of Use.

17. LIMITATION OF LIABILITY.

By using Paper & Roots’ website and services, you acknowledge and agree to limit our liability to you and third parties, to the extent permitted by applicable law. In no event will Paper & Roots, its affiliates, or its and their directors, officers, employees, or agents be responsible for any indirect, special, incidental, or consequential damages, including but not limited to loss of revenue, profits, or data, even if we have been advised of such possible damages. The maximum extent of our liability for any claims related to your use of the site or services will not exceed the total amount of the order giving rise to our liability. Some jurisdictions may not permit certain disclaimers and limitations, and as such, some of the restrictions stated above may not apply to you. In these cases, Paper & Roots’ liability will be limited to the fullest extent permitted by applicable law. Paper & Roots and its partners are not liable for any failure or delay in performance arising from any causes beyond our reasonable control, such as natural disasters, governmental actions, or technological failures, among other events.

18. Indemnification.

You agree to indemnify, defend, and hold harmless Paper & Roots, including its subsidiaries, affiliates, officers, directors, and employees (“Paper & Roots Parties”), from any third-party claims, liabilities, damages, costs, or expenses, including reasonable legal fees, arising from or related to: (i) your use of our products, website, or services, except where prohibited by law; (ii) violation of these Terms of Use; (iii) breach of any representations or warranties herein; (iv) materials you submit; (v) violation of any third-party rights; or (vi) malicious software or code you introduce into our website or services. Paper & Roots reserves the right, at its expense, to assume exclusive defense against any matters subject to indemnification by you, in which case you agree to cooperate with us in defending such matters.

19. Procedure for Making Claims of Copyright Infringement.

Paper & Roots respects intellectual property rights and expects users to do the same. If you believe your copyrighted material has been infringed upon on our website, you or your agent may submit a request for removal, following the guidelines set by the Digital Millennium Copyright Act (DMCA).

20. Electronic Communications.

To provide you with our services, it is essential for us to communicate with you electronically. You consent to receive communications, including but not limited to notices, agreements, and disclosures, in electronic form. Should you wish to withdraw this consent, you will no longer be able to use our services. The withdrawal will not affect the legal validity of past transactions or electronic communications.

21. Trademarks & Copyright Notice.

The logos, trademarks, and service marks displayed on this website are the property of Paper & Roots or its licensors. All content on this website, including text, graphics, and software, is the property of Paper & Roots and is protected by international copyright laws. Unauthorized use of any copyrighted material is strictly prohibited without prior written consent.

22. USE OUTSIDE OF UNITED STATES.

This website is controlled and operated by Paper & Roots from the United States. We make no claim that our website or services are appropriate or available for use in other locations. Those accessing the site or services from other jurisdictions are responsible for compliance with local laws.

23. GENERAL.

a. Assignment. You may not assign, delegate, subcontract, or otherwise transfer any of your rights or obligations under these Terms without prior written consent from Paper and Roots. Any such unauthorized transfer will be null and void.

b. Compliance. If you believe that Paper & Roots is not complying with these Terms, please contact us at support@paperandroots.com. We will investigate your concerns and aim to address them fully. If you feel that your concerns have not been adequately addressed, please inform us for further investigation.

c. Limitations Period. You and Paper & Roots agree that any cause of action arising from these Terms must be initiated within one (1) year after the cause arises. Any action not commenced within this time frame is permanently barred.

d. Dispute Resolution. Claims or disputes where the total amount sought is less than $5,000 may be resolved through binding non-appearance-based arbitration. Arbitration will be governed by mutually-agreed upon rules and conducted in English. Any judgment from the arbitration may be entered in any court of competent jurisdiction. Additional disputes. , including those questioning the arbitration itself, shall be subject to binding, confidential arbitration. Arbitrations shall be conducted under the Federal Arbitration Act by a single arbitrator experienced in commercial contract disputes. You forfeit your right to take the matter to court, except for specific circumstances outlined in these Terms. Both parties must adhere to the arbitration rules and procedures, and any judgment may be applied by a court of competent jurisdiction.

e. Governing Law. These Terms are governed by the laws of the State of Utah, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

f. Choice of Language. It is the express wish of both parties that these Terms be drafted in English.

g. Export Control. You agree to comply with all applicable U.S. and international laws concerning the export, import, and use of Paper and Roots products and services. Any unauthorized export or use is prohibited.

h. Release. You release Paper and Roots from all claims, demands, losses, or damages arising from or related to your use of our services. This includes any disputes you may have with other users.

i. Notice. You are responsible for providing a current email address. Notices to you will be considered effective upon sending, regardless of whether the email is actually or immediately received. You can contact us at support@paperandroots.com.

j. Waiver. Failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.

k. Severability. If any provision in these Terms is found to be unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to make it enforceable.

l. Entire Agreement. These Terms constitute the complete and exclusive agreement between you and Paper and Roots regarding their subject matter and supersede any previous agreements.