Terms of Use

These Terms of Use govern your use of the Night Owl Paper Goods website and the services provided through the Night Owl Paper Goods website. Your acceptance of these Terms of Use, as modified from time to time, creates a binding legal contract.

PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

By continuing to access or use this website, or any service on this website, you signify YOUR ACCEPTANCE OF THESE TERMS OF USE. Night Owl Paper Goods reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this website.

If, at any time, you do not wish to accept the terms and conditions of service, you may not use the website. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Night Owl Paper Goods and shall be of no force or effect. If you have any questions regarding the Terms of Use, please email us.

Artwork and Photograph Copyrights

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. The copyright owner of artwork or photographs in most cases is the artist or photographer. By sending artwork or photos to Night Owl Paper Goods, you grant us a limited, royalty-free and non-exclusive license to use, adapt, transmit, transfer, store, reproduce, distribute, prepare derivative works of and display the content in connection with our products, services and website. Content may be used for but limited to the following: samples, website imagery, promotional materials and displays in retail stores and trade shows.

You represent and warrant to us that you have all right, title and interest in and to all copyrights in the artwork and photos, or the express permission to copy and use such works for all purposes related to Night Owl Paper Goods and that the works do not violate or infringe upon the rights (including privacy, moral or publicity rights) of others.

You agree to indemnify us and hold us (and our agencies and fulfillers) harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys fees, arising out of your breach of the foregoing representation and warranty or arising out of any claim by a third party that the artwork or photo (or the use thereof) constitutes an infringement or other violation of such third party’s copyright, intellectual property rights or other rights. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms of Use.

Artwork and Photograph Content

You may not send to Night Owl Paper Goods any photos, artwork or text that contain material that is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive in the sole discretion of Night Owl Paper Goods management. The content of the artwork, photos and text you submit is governed by applicable laws (including laws which prohibit copyright infringement, obscenity, pornography, child pornography, or child abuse). We have no obligation or intent to monitor such content. However, we and our agencies and fulfillers reserve the right at all times to review artwork, photos and text, to disclose such content as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit such content, to remove the content, and to refuse to perform any orders involving content that is objectionable in our sole judgment and discretion.

Malicious Activity

You may not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software. Night Owl Paper Goods will take action to the fullest extent of the law, and will disclose such actions and content to the relevant government authorities to satisfy any law, regulation or government request.

Trademark and Copyright

Night Owl Paper Goods and all related graphics, logos and service names are trademarks of Night Owl Paper Goods All other trademarks that appear on the Night Owl Paper Goods website are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law. The Night Owl Paper Goods website, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Night Owl Paper Goods website. You are not entitled to duplicate, create derivative works of, distribute, display or perform any content without the express permission of the owner of that content. We respect the copyrights of others; as such, if you believe your copyright has been violated on the Night Owl Paper Goods website, please email us.

License

You acquire absolutely no rights or licenses in or to the Night Owl Paper Goods website and materials contained within the Night Owl Paper Goods website other than the limited right to utilize our services in accordance with the Terms of Use. Should you choose to download content from the Night Owl Paper Goods website, you must do so in accordance with the Terms of Use. Such download is licensed to you by Night Owl Paper Goods for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you.

Rights Reserved

All present and future rights to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights to all applications and registrations relating to the Night Owl Paper Goods website (the "Intellectual Property Rights") shall, as between you and Night Owl Paper Goods, at all times be and remain the sole and exclusive property of Night Owl Paper Goods. All present and future rights to the Night Owl Paper Goods website (including the right to exploit the website and any portions of the website over any present or future technology) are reserved to Night Owl Paper Goods for its exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the website or any portion thereof. Except as specifically permitted herein, you shall not use Night Owl Paper Goods' Intellectual Property Rights or the website for any purpose, without Night Owl Paper Goods' prior written approval.

Restrictions on Use

You may not use the website for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to use the website solely for your own noncommercial use and benefit, and not for resale, transfer or use for the benefit of any other person or entity. You agree not to use, transfer, distribute and dispose of any information contained in the website in any manner that could compete with the business of Night Owl Paper Goods You acknowledge that the website has been developed, compiled, prepared, revised, selected and arranged by Night Owl Paper Goods through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Night Owl Paper Goods. You agree to protect the proprietary rights of Night Owl Paper Goods and all others having rights in the website during and after the term of this agreement and to comply with all reasonable written requests made by Night Owl Paper Goods to protect its contractual, statutory and common law rights in the website. You agree to notify Night Owl Paper Goods in writing promptly upon becoming aware of any unauthorized access or use of the website by any part or of any claims that the website infringes upon any copyrights, trademark or other contractual, statutory or common law rights.

Disclaimer of Warranty and Limitations of Liability

The Night Owl Paper Goods Website and all products and services provided through in compliance with the Return Policy. Any additional express, implied or statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement are expressly disclaimed.

To the fullest extent permitted by law, Night Owl Paper Goods disclaims any warranties for the security, reliability, timeliness and performance of the Night Owl Paper Goods website. Night Owl Paper Goods further disclaims to the fullest extent permitted by law any warranties for any information or advertisement obtained through the Night Owl Paper Goods website, Facebook page, Twitter page or any other partner page.

You, the user, understand and agree that the submission of any artwork, photograph, or content to Night Owl Paper Goods is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your files, computer system or data may result in the transfer of any content or material.

Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, Night Owl Paper Goods shall not be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages, even if Night Owl Paper Goods has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure or essential purpose of any limited remedy.

Indemnification

By using the Night Owl Paper Goods website, you agree to indemnify and hold harmless Night Owl Paper Goods and its parents, subsidiaries, affiliates, officers, consultants and employees from any and all claims and expenses, including attorneys fees, arising from your use of Night Owl Paper Goods’ services.

Termination of Membership

Night Owl Paper Goods may terminate its service to you through the Night Owl Paper Goods website at any time, without notice, for any conduct in violation of this Terms of Use or any other policies or guidelines set forth on the Night Owl Paper Goods website. Night Owl Paper Goods reserves the right to take all appropriate measures to enforce Night Owl Paper Goods’ policies.

GDPR

In compliance with the requirements of GDPR (General Data Protection Regulation), we allow customers to:

  • Manage their personal data
  • Request we cease processing their personal data
  • Request access to any of their personal data for whatever use they see fit
  • Request we remove their personal data entirely

Customers and site visitors interested in any of the above should email [email protected] and we will be happy to assist.

Miscellaneous

For purposes of these Terms, "you" and "your" shall mean you and "we," "us" and "our" means Night Owl Paper Goods. These Terms of Use constitute the entire agreement between you and Night Owl Paper Goods with respect to the use of the Night Owl Paper Goods website. Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. Night Owl Paper Goods reserves the right to change these Terms of Use at any time without notice.