TERMS & CONDITIONS | PapaNurgle

We know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing our website or any of our products, services or applications (the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Papanurg1e’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Services, but not to the practices of companies we do not own or control, or people that we do not manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Service, we are required to obtain verifiable consent before we knowingly collect or solicit personal information from anyone under the age of 13 from that child’s parent or guardian (“Parental Consent”). If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us before we obtain Parental Consent. If we learn that we have collected personal information from anyone under the age of 13 without Parental Consent, we will delete that information as quickly as possible. In addition, if you believe that anyone under the age of 13 may have provided us personal information without Parental Consent, please contact us at papanurg1evillage@gmail.com. We recognize a special obligation to protect personal information about minors. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information, when they are online.

Will Papanurg1e ever change this Privacy Policy?

We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by either placing a notice within the Services, by sending you an email, and/or by requiring your review of such changes prior to your continued use of the Services. Please note that if you have opted not to receive legal notice emails from us (or you have not provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

What Information does Papanurg1e Collect?

Information You Provide to Us

We receive and store any information you knowingly provide to us. For example, we may collect Personal Information such as your name, email address, phone number, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us, “share” information from our Services to such third-party sites, or otherwise sign in to the Services through a third party site or service, you understand and authorize that some content and/or information in those accounts (“Third Party Account Information”) may be transmitted to us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy.

We may communicate with you if you have provided us the means to do so. For example, if you have given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services.

Information Collected Automatically whenever you interact with our Services, we (or one of our partners) automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” or “pixel” information, the type of browser and/or device you are using to access our Services, your operating system, screen resolution, and how you may use, or interact with, our Services, and the page or feature you requested.

“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. “Pixels” or “web beacons” are defined below. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of the features of the Services.

Our advertising partners may also transmit cookies, pixels, beacons or other similar tools to your browser or device, or when you click on ads that appear on or within the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies, beacons, pixels or similar tools to you. Again, this Privacy Policy does not cover the use of cookies, beacons, pixels or similar tools by any third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies, beacons, pixels or similar tools placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Will Papanurg1e Share Any of the Personal Information it Receives?

We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with the types of third parties as described in this section or elsewhere in this Privacy Policy.

Information that is no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose usage information to a partner in a manner that would identify you personally, as an individual. In the course of doing so, Papanurg1e may utilize Google Analytics, which are subject to certain additional terms and conditions of which you should review. If you would like to opt-out of any of these analytics services, please contact us at papanurg1evillage@gmail.com, but please note that opting-out will likely prevent us from being able to provide the Services to you.

Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers. You agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in New York to show you ads or offers for New York-based businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.

We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser or device must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

Affiliated Businesses: In certain situations, businesses or third party websites we are affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service, like a third party credit card processing vendor such as PayPal. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Papanurg1e and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Papanurg1e, our employees, our users, or others.

Is Personal Information about me secure?

We endeavor to protect the privacy of your Personal Information we hold in our records, including the use of standard HTTPS encryption protocols, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to access the Services or to take advantage of some of our features.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to papanurg1evillage@gmail.com, and we will try to resolve your concerns.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to the website of Papanurg1e. This website is operated by Papanurg1e. Throughout the site, the terms “Papanurg1e,” “we”, “our” and/or “us” refer to Papanurg1e. Please read on to learn the rules that our lawyer told us that we had to share with you about your use of this website and other stuff that we make available to you (the “Services”). If you have any questions, please send us an e-mail to papanurg1evillage@gmail.com.

By visiting our website, you agree to be bound by the following terms and conditions (the “Terms of Use” or “Terms”). Please read these Terms carefully before accessing or using our website. You must agree to and accept all of the Terms, or you do not have the right to use the Services. We wanted to tell you that by clicking on the “Accept” button, or using the Services in any way means that you agree to all of these Terms. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any additional terms and conditions set forth or posted within the Papanurg1e’s website located at https://papanurg1e.wixsite.com/papanurg1e.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Or if you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including Papanurg1e);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content; or
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Will these Terms Ever Change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. Any new features which are added to the website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting this page. We reserve the right to update, change, or replace any part of these Terms of Use at any time by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is made effective, this means that you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my Privacy?

Papanurg1e takes the privacy of its users seriously. For the current Papanurg1e Privacy Policy, please click Privacy Policy.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at papanurg1evillage@gmail.com.

What are my rights in the Services?

All rights and title in and to the Services (including, without limitation, any titles, software code, themes, objects, characters and names, stories, dialogue, phrases, locations, concepts, artwork, sounds, animations, musical compositions, audio-visual effects, any Content (defined below), recordings of any games played on or within the Services) are owned by us and our licensors, and protected by United States and international laws.

In connection with your use of the Services, you hereby grant us a non-exclusive, transferable, sublicensable, royalty-free right, irrevocable right and license to store and use any data, information, media, text, and User Submissions (as defined below) as necessary for us to perform, provide, enhance and improve the Services and/or any similar offerings. To the extent that we have not retained these rights, you further grant us a non-exclusive, irrevocable, worldwide, sublicensable right and license to create, distribute, monetize, and exploit any images, videos, or other User Content that we obtain, record, or otherwise capture from your use of the Services.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Papanurg1e’s) rights.

You understand that Papanurg1e owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, all the restrictions above still apply. Please also note that certain trademarks which are displayed on or through the Services are the property of their respective holders or affiliates. For example, the Twitter, Tweet, Retweet and the Twitter logo, are trademarks of Twitter, Inc. or its affiliates.

Do I have to grant any licenses to Papanurg1e or to other users?

Anything you post, transmit, upload, share, store, or otherwise provide through the Services is your “User Submission.” In order to display your User Submissions on the Services, and to allow other users to enjoy them (if applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant Papanurg1e a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as other devices) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Papanurg1e the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Papanurg1e users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Papanurg1e’s business, for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. Finally, you understand and agree that Papanurg1e, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Papanurg1e. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Papanurg1e is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Papanurg1e has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Papanurg1e will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Papanurg1e shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Papanurg1e is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Papanurg1e, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Will Papanurg1e ever change the Services?

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this is not always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. Services may vary depending on the operating system you use to access the website and certain Services may not be available on certain devices.

Does this cost me anything?

The Papanurg1e Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Of course, all merchandise offered through the Papanurg1e web shop carries the fees as shown.

What if I want to stop using Papanurg1e?

You are free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Papanurg1e is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms. Papanurg1e has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Neither Papanurg1e nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Papanurg1e or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY PAPANURG1E (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PAPANURG1E (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO PAPANURG1E IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Papanurg1e, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without Papanurg1e’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Onondaga County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Onondaga County, New York, or the United States District Court for the Northern District of New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PAPANURG1E ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Papanurg1e agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Papanurg1e, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Papanurg1e, and you do not have any authority of any kind to bind Papanurg1e in any respect whatsoever. You and Papanurg1e agree there are no third-party beneficiaries intended under these Terms.

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