ROCK PAPER STORIES TERMS AND CONDITIONS
(Last Updated July 5, 2020)
1. Overview of Conditions
Rock Paper Stories is provided to you by Rear View Prints Ltd (herein as “Rock Paper Stories” or “we” or “our” or “us”) with company registration number 11433860, located at 38 Thorpe Wood Business Park, Thorpe Wood, Peterborough, England, PE3 6SR.
All references to “you”, “your” and “user” under these Conditions refers to anyone – such as you – accessing our Site and/or using our Services.
2. Acceptance of these Conditions
Your access of this Site and/or use of the Services we provide through it constitutes your acceptance of these Conditions (including all referenced policies and additional terms and conditions). If you do not accept these Conditions, your only option is to refrain from accessing the Site and using our Services.
3. User Representations and Warranties
By purchasing our Services, opening a user account, and submitting information/data to us, you hereby represent and warrant to Rock Paper Stories that:
• You are of legal age and are able to form a contract, or that a parent or legal guardian is supervising your use of the Site if you are not of legal age;
• Your use of the Site and purchase from us is in or will be in accordance with these Conditions and any applicable law, regulation or statute;
• The information you submit, including payment information, shipping and account registration information, will be accurate and complete, and that you will update such information when necessary; and
• Your review of any Services provided to you by us will be in good faith.
4. Electronic Contractions
You hereby agree that any agreement, notice, disclosure, or other communications that we send to you via electronic means will satisfy any legal communication requirements.
5. Your Orders and Payments
• Order Placement: Placing an order for any personalised storybook on the Site requires you to submit certain information, including your name, book narrative, payment information, shipping information and email address. Upon your provision of the required information, Rock Paper Stories will validate your request to order our Services by providing (through your email address) an order confirmation and approval notice. Once your order has been approved, your personalised storybook will be worked on and delivered to you via the shipping information you provide. Meanwhile, we reserve the right to refuse or cancel your order at any time for any reason or no reason at all, including for any violations of your warranties, these Conditions or any applicable law, regulation or statute. By using our Services, you hereby agree to these Conditions and any additional terms and conditions that may apply.
• Order Pricing: The cost of purchasing a personalised storybook is available on the Site and in the British Pound (“GBP”). The cost is exclusive of the relevant VAT and shipping fees. The shipping fees will be added to your order(s) upon checkout. For the avoidance of doubt, the price of our Services contains the cost of the book and the relevant payment method charges only. We reserve the right to review and change the price of our Services at any time. However, any update in pricing shall not affect orders you have already paid for.
• Cancellation: You may cancel your order only when we have not approved it. Due to the nature of the Services (being a personalised service), you may not cancel your order once we provide and ship it. To cancel your order before its approval, reach out to Rock Paper Stories at [email protected]
6. Order Delivery
We will ship your order to any shipping information you enter during order checkout. You are hereby responsible for providing accurate information. You will bear any liabilities, claims, losses, or revenue you may suffer due to wrong shipping information. See our Shipping and Delivery for more information about the shipping and delivery of your order.
7. Title and Risk of Loss
Upon the delivery of your order, the title and risk of loss are automatically passed to you by Rock Paper Stories and any service providers. All liabilities thenceforth will be yours to bear. We will not be liable to you if the order gets damaged, torn, or lost if the fault is not from us.
Rock Paper Stories will notify you, through your email address and/or phone number, of all updates about your order, including order approval, estimated delivery date, the amount paid, and other necessary information. For this, you are required to provide a valid email address and phone number. We will not be liable for any loss suffered due to a wrong email address or contact information you provided.
9. Refund Policy
Unless the order gets damaged in transit, has spelling mistakes or does not match the story narrative you provided when you placed the order, we will not be allowing any cancellation or issue refunds for orders already shipped or delivered. If the order is damaged before delivery, has spelling mistakes or does not match the story narrative you provided, you are entitled to a replacement. You are expected to check the order for any mistakes or damages upon its delivery and contact us immediately. Simply reach out to us within 14 days of delivery to get your order replaced. To learn more about refunds, see our Refund Policy or reach out to us at [email protected]
10. Errors, Omissions and Inaccuracies
The information on the Site may, on certain occasions, contain errors, omissions and inaccuracies in connection to the prices, charges, shipping details and estimations. Rock Paper Stories reserves the right to correct such errors, omissions and inaccuracies, and to update or change information or cancel and update your orders if there is any inaccurate information in your order without notice to you, including after you have placed your order with us.
11. Prohibited Activities
By using the Site and ordering from us, you agree to stay away from the following prohibited activities:
• Purchasing items through the Site for commercial purposes, including for the purpose of a resale;
• Attempting to disrupt or disrupting the operation of the Site in order to disrupt the networks or servers connected to it;
• Interfering with our Intellectual Property (defined below) in any way that is not specified in these Conditions;
• Attempting to co-brand or frame the Site and the contents Rock Paper Stories makes available on it;
• Attempting to mislead or trick Rock Paper Stories in order to obtain sensitive or proprietary information from us;
• Attempting to gain unauthorised access to any part of the Site or trying to manipulate a price attached to any of our Services; and/or
• Using the Site in any way that is likely to damage, negatively impact or disparage Rock Paper Stories.
13. Intellectual Property
The content available on the Site (“Site Content”), including the logos and trademarks (“Marks”), are licensed to Rock Paper Stories and are subject copyright, trademark and other intellectual property rights in the United Kingdom (“UK”), foreign laws and international conventions. The Site Content includes, but are not limited to, our source codes, database, website design, functionalities, videos, audios, stories, texts, images, graphics, and items available on the Site and in the books.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of Rock Paper Stories in the UK and other countries. Our trademarks and trade dress may not be used in combination with any other products, services or goods in a manner that is likely to cause confusion. You do not also have our permission to copy, imitate or use our trademarks and Marks without getting written approval from us.
Rock Paper Stories provides the Site Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from Rock Paper Stories.
14. License Grant
Subject to your compliance with these Conditions, Rock Paper Stories hereby grants you a limited, non-transferable, non-exclusive and non-sublicensable license to use the Site and the Site Content for your personal and non-commercial use only.
However, the license granted hereunder does not include:
(i) the resale of the Services purchased from us;
(ii) the copying or downloading of our ideas, stories and prices;
(iii) the extraction of data through data-gathering and extraction tools such as bots and miners; and
(iv) the removal or erasure of any Intellectual Property or Site Content available on the Site.
15. Review Submission
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages and our email address. By sending us reviews, you agree that the moral rights you have over the review has been waived and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you submit will not be:
• Inaccurate, false or misleading;
• A reflective of a paid-for review;
• Copied from another site or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
• Offensive, threatening, racial or libellous; and/or
• with any computer worms, viruses, or other computer programs that are able to damage the Site or any networks connected to it.
16. Term and Termination of these Conditions
These Conditions shall commence and be effective upon your access of this Site and use of our Services up until the Services has been provided to you. Rock Paper Stories reserves the right to terminate these Conditions at any time for any reason, including for your breach of these Conditions, any applicable law or your warranties and representations. Upon the termination of these Conditions, any outstanding order will be terminated/cancelled and the price paid to us refunded – provided the item has not been delivered to you.
17. Third Party Links
The Site may contain links that are owned and operated by third party sites. For example, our blogs may reference links of unassociated third parties. These links are not affiliated to Rock Paper Stories – nor are they controlled by us. Your access to these links is done at your sole risk without any liability on our part.
The characters, events, stories and text provided in our storybooks are provided to you based on fiction and not of real-life events or happenings. We do not warrant or represent to you that the stories and events are based on real occurrences and real people. Any resemblance in the events, stories, characters and people are coincidental. Your dependence on the information, events, characters and stories is at your own risk.
ALTHOUGH ROCK PAPER STORIES ENSURES THAT THE SITE AND SERVICES ARE PROVIDED TO YOU ACCURATELY AND WITHOUT ERRORS, WE CANNOT – AT LEAST NOT AT ALL TIMES – GUARANTEE THIS. THEREFORE, THE SITE CONTENT, PERSONALISED STORIES AND THE REST OF OUR SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS. ROCK PAPER STORIES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE PERSONALISED STORIES AND SITE CONTENT IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY AND INTENDED PURPOSE. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE SITE AND OUR SERVICES WILL ALWAYS BE WITHOUT ERRORS, BE UNINTERRUPTED OR THAT THEY WILL MEET YOUR EXPECTATIONS.
THE TOTAL RISK AS TO THE QUALITY AND FUNCTIONALITIES OF THE WEBSITE IS WITH YOU. FOR THE AVOIDANCE OF DOUBT, ROCK PAPER STORIES, AT THIS MOMENT, DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
19. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ROCK PAPER STORIES (INCLUDING EMPLOYEES, AFFILIATES, SUBSIDIARIES, MODERATORS, DIRECTORS OR STAKEHOLDERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY LOSS OR DAMAGES YOU MAY SUFFER DUE TO BREACHES THAT WERE NOT CAUSED BY ROCK PAPER STORIES, (II) ANY LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR OTHER BUSINESS LOSSES, (III) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT WE OR YOU WAS NOT ABLE TO FORESEE WHEN YOU STARTED USING OUR SERVICES.
FURTHERMORE, ROCK PAPER STORIES SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY TO PERFORM OUR OBLIGATIONS AS DESCRIBED UNDER THESE CONDITIONS IF SUCH FAILURE OR DELAY IS AS A RESULT OF CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, SUCH AS, WITHOUT LIMITATION, PANDEMICS, SEVERE WEATHER CONDITIONS, INTERNET BREAKDOWNS, WAR, ACTS OF GOD, GOVERNMENT EMBARGO, AND SITE MAINTENANCE. HOWEVER, THIS DOES NOT AFFECT YOUR LEGAL RIGHTS REGARDING THE RIGHT TO RECEIVE YOUR ORDER OR GET A REFUND WHERE APPLICABLE.
By purchasing a personalised storybook through the Site, you hereby release, discharge, hold harmless, defend and indemnify Rock Paper Stories, employees, affiliates, subsidiaries, moderators, directors, or stakeholders from and against any losses, damages, expenses, claims and demands arising from or relating to any breach of these Conditions, including but not limited to, breaches arising from your use of the Site Content, your use of our Services, your breach of any applicable law and your representations and warranties.
• To these Conditions: Rock Paper Stories reserves the right, at our discretion or due to developments, to amend, change, review, or update any portion of these Conditions from time-to-time (with or without notice to you). If you are notified of any updates, it will be communicated to you via your email address as submitted when you purchase from us or contact us. Also, any updates to these Conditions will take effect by posting the updated portion to this page and updating the Last Updated date above. You are obligated to frequently review these Conditions to watch out for updates to it.
• To our Services: In like manner, we reserve the right to update or change a portion of any of our Services, including without limitation, introducing a feature on the Site.
22. Governing Law and Jurisdiction
These Conditions and any dispute arising out of your use of the Site and our Services shall be governed by the English law. You hereby submit to the courts in England as the non-exclusive jurisdiction for any dispute resolution.
23. Entire Agreement
These Conditions represent the entire agreement and understanding between you and Rock Paper Stories with respect to the subject matter hereof. It supersedes all previous communications and agreements between you and Rock Paper Stories (whether oral or written) in relation to your use of our Services.
You may not assign your rights and obligations under these Conditions to a third party without our written consent. Rock Paper Stories, on the other hand, reserves the right to assign any rights and obligations hereunder to contractors and subcontractors to carry out certain tasks, including payment processing, shipping and delivery, Site maintenance and email sending.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
Rock Paper Story’s failure to exercise or enforce any rights at a point upon your breach of these Conditions shall not subsequently waive our right to exercise or enforce such rights on similar or other breaches.
27. Force Majeure
If Rock Paper Stories is unable or delays to provide the Services you purchased or the Site due to circumstances beyond human control, such as pandemics, riots, civil unrest, earthquakes, internet breakdown, severe weather conditions, government intervention, etc., we shall not be held liable for any losses or damages.
28. Electronic Communication
Your use of our Services and the transfer of messages via email constitute electronic communications between you and Rock Paper Stories in relation to the Services. For contractual purposes, you hereby agree that all notices, agreements, policies and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.
29. Contact Us
If you have any question, complaints, ideas, feedback, suggestions or enquiries about the Site, our Services and these Conditions, reach out to Rock Paper Stories via the contact information below:
Rear View Prints Limited
38 Thorpe Wood Business Park,
Thorpe Wood, Peterborough,
England, PE3 6SR.
Company Reg Number 11433860