Terms and Conditions

These Terms and Conditions govern the use of the Paperstoc Platform. We strongly advise you to carefully read and understand these Terms and Conditions to ensure your awareness of your rights and obligations.

These Terms and Conditions cover various aspects of your relationship with Paperstoc, including:

1. Data provision and Profile creation (Article 3)
2. Platform functionalities (Articles 4, 5, and 6)
3. Payment through the Platform (Article 7)
4. Notice and takedown procedure (Article 8)
5. Limitation of liability for Paperstoc (Article 11)

Article 1. Definitions

Content: Refers to all information, including the Platform's layout, appearance, logos, trademarks, and certain texts, provided by Paperstoc on the Platform.

Terms and Conditions: Refers to these Terms and Conditions of Paperstoc.

Intellectual Property Rights: Encompasses all intellectual property rights, including copyrights, trademarks, patents, model rights, trade name rights, database rights, neighboring rights, know-how, and performances.

Platform: Refers to the online Platform accessible through the website www.Paperstoc.com and its underlying web pages, which allows users to upload or download Study Materials, whether for free or against payment.

Profile: Represents an individual or group section created and maintained by users upon registration for the Platform.

Study Material: Encompasses all information, whether paid or free, offered by users or other individuals on the Platform.

Paperstoc: Refers to the private company Paperstoc (for citizens of the United States) or Paperstoc International (for non-US citizens).

Service Costs: Refers to the expenses incurred by Paperstoc in providing transactions and maintaining the Platform. The exact costs are stated on the Platform and are subject to change by Paperstoc.

Article 2. Applicability

2.1 These Terms and Conditions apply to all users of the Platform.

2.2 Paperstoc reserves the right to modify or supplement these Terms and Conditions. The current version of the Terms and Conditions can be found on the Platform or will be provided to you during Profile creation or login. By continuing to use the Platform after any amendments or supplements, you accept the modified Terms and Conditions. If you do not agree with the updated Terms and Conditions, your only option is to discontinue using the Platform and terminate your Profile.

Article 3. Profile

3.1 To fully utilize the Platform, you must create a Profile following the instructions provided. By creating a Profile, you guarantee that the information you provide is complete, accurate, and truthful. You will need to choose a username and password to access the Platform and your Profile.

3.2 If you are under the age of sixteen (16), you must obtain consent from your legal representative(s) (guardian or parent) before creating a Profile. By accepting these Terms and Conditions, you confirm that you are at least sixteen (16) years old or have obtained the necessary consent.

3.3 You are responsible for maintaining the accuracy and completeness of your provided data. If any information becomes outdated, it is your responsibility to update it. Please note that accurate data is crucial for optimal Platform functionality, and failure to provide up-to-date information may prevent Paperstoc from making payments to you if necessary.

3.4 The data you provide during registration will be stored in a database and processed in accordance with our privacy statement, available for reference on the Platform.

3.5 You are solely responsible for maintaining the confidentiality of your username and password. Sharing your credentials or granting access to third parties is strictly prohibited. Consequently, you are liable for all Platform usage and activity associated with your username and password. Paperstoc assumes that any actions performed with your username and password are authorized by you. If you suspect unauthorized access or use of your credentials, you must promptly notify Paperstoc and take immediate measures to secure your account, such as changing your password.

3.6 Paperstoc reserves the right to modify, alter, or discontinue the Platform without incurring any liability towards you. If you disagree with the changes made by Paperstoc, your only recourse is to cease using the Platform and delete your Profile.

3.7 Paperstoc may change the registration procedure, your password, and/or username if deemed necessary for the optimal operation of the Platform.

3.8 Paperstoc cannot be held responsible for any damages resulting from unauthorized access or use of the Platform by third parties.

3.9 By creating a Profile, you grant Paperstoc a free, worldwide, sub-licensable, non-exclusive license to publish and reproduce specific personal data from your Profile, such as your username and profile picture. This license enables Paperstoc to offer the Platform, including promotional purposes. The license automatically terminates if you delete your Study Material and Profile.

Article 4. Platform Functionalities

4.1 You acknowledge that Paperstoc solely provides a Platform facilitating the exchange of Study Material among users. Paperstoc has no knowledge of or involvement in the Study Material or other information submitted to the Platform by users. As a result, Paperstoc assumes no liability for the Study Material offered by users or other individuals through the Platform.

4.2 You accept that the Platform is provided "as is" and that Paperstoc makes no explicit or implicit guarantees, commitments, or warranties regarding the quality, safety, lawfulness, integrity, or accuracy of the Platform unless explicitly stated otherwise in these Terms and Conditions.

Article 5. Uploading Study Materials

5.1 The Platform enables you to upload Study Material, which can be downloaded by other users, with or without payment. Your Profile will indicate the Study Material you offer on the Platform, along with any associated income generated.

5.2 The Platform specifies the allowed format and uploading procedure for Study Material. You have full control over the Study Material you upload and how you manage it. Paperstoc does not influence or intervene in the uploaded Study Material or its management.

5.3 If you choose to offer Study Material for payment, you have the discretion to set the price. However, there is a minimum price specified on the Platform. You may also decide to offer a certain number of pages for free. Paperstoc reserves the right to make the first page of Study Material freely accessible, regardless of whether the material is offered for payment or not.

5.4 Paperstoc may include advertisements from third parties within Study Material through an automated process.

5.5 Paperstoc reserves the right to convert the format of uploaded Study Material and add an automatically generated Paperstoc watermark or logo to it.

5.6 Under the conditions stated in these Terms and Conditions, you retain your Intellectual Property Rights, including copyright, for the Study Material you upload.

5.7 By uploading Study Material, you guarantee that:

• You are the rightful owner of the study material and have the authority to upload and share it with other users.
• You hold the Intellectual Property Rights, including copyright, to the Study Material, or you have explicit permission from the rights holder to upload and share the Study Material.
• The Study Material does not violate any laws, regulations, or Intellectual Property Rights of third parties, nor is it otherwise unlawful or infringing upon third-party rights or Paperstoc's rights.
• Paperstoc is not obligated to make any payments regarding the uploaded Study Material.
• You bear full responsibility for any licenses and payment obligations to third parties related to the uploading and use of the Study Material.

5.8 You indemnify Paperstoc and its affiliates against any claims from third parties alleging that the Study Material infringes upon valid Intellectual Property Rights or other rights, or is otherwise unlawful. You are liable for any costs incurred and damages suffered by Paperstoc arising from such claims.

5.9 By uploading Study Material to the Platform, you automatically grant Paperstoc a free, worldwide, sub-licensable, non-exclusive license to publish and reproduce the Study Material for the purpose of offering the Platform. This license terminates automatically if you remove the Study Material from the Platform.

5.10 In the case of creating Flashcards, you hereby transfer all present and future intellectual property rights in the submitted works to Paperstoc regarding the Flashcards. Paperstoc accepts this transfer. If necessary to effectuate the transfer of intellectual property rights, you agree to cooperate and perform any required legal acts.

If any intellectual property rights on Flashcards cannot be (fully) transferred from you to Paperstoc, you grant Paperstoc an exclusive, irrevocable, royalty-free, worldwide, perpetual right, including the right to sublicense, to use those intellectual property rights to the fullest extent permitted by law.

To the extent permitted by law, you waive any personal or moral rights vested in you concerning Flashcards.

Compliance with TikTok Terms of Service

By using this Platform, you acknowledge and agree to comply with TikTok for Developer's Terms and any additional guidelines or policies provided by TikTok. You understand that the use of TikTok's APIs, SDKs, or any other TikTok developer tools is subject to TikTok's terms and conditions.

You agree not to use the Platform in any way that violates TikTok for Developer's Terms, including but not limited to:

• Accessing or collecting TikTok user data without proper authorization
• Engaging in any unauthorized data scraping or automated activity
• Violating any content guidelines or policies set by TikTok
• Interfering with or disrupting the integrity or performance of TikTok's services
• Using TikTok's intellectual property without proper authorization

Failure to comply with TikTok for Developer's Terms may result in the termination of your access to the Platform and legal consequences as per TikTok's policies.

Article 10: Intellectual Property Rights

10.1 The Intellectual Property Rights regarding the Platform, as well as all Content published on and/or transmitted by means of the Platform, with the exception of the Study Material, are vested in Paperstoc and/or its licensor(s).

10.2 Under the conditions stated in this Terms and Conditions, Paperstoc hereby grants you a limited, personal, revocable, non-exclusive, non-licensable, non-assignable right to use the Platform and the Content and view it in the manner and format as used on the Platform.

10.3 You may not change, render illegible, or remove any trademark or recognition signs affixed to the Website, the Content, and/or any references to Intellectual Property Rights.

10.4 Nothing in these Terms and Conditions is construed to transfer any Intellectual Property Rights to you. You will refrain from any action which may infringe on the Intellectual Property Rights of Paperstoc such as registering domain names, trademarks, or Google Adwords that are identical and/or similar to any Intellectual Property Rights of Paperstoc.

10.5 Without prior written consent of Paperstoc, no one is allowed to retrieve and re-use a substantial part of the Contents of (parts of) the Platform and/or retrieve and repeatedly and systematically re-use non-substantial parts of the Contents of the Platform within the sense of the Dutch Databases Act.

10.6 Study Material offered on Paperstoc is only to be used as a study aid. You are not permitted to submit Study Material found on Paperstoc as your own work if it is not, as this is in breach of copyright. This is also plagiarism and constitutes academic misconduct at all academic institutions.

Article 11: Liability

11.1 Paperstoc will not accept any liability for damages as a result of offering you the Platform, an unlawful act, or otherwise, other than as stipulated in this article.

11.2 In the event that Paperstoc is liable for any damages, whether caused by an attributable failure or an unlawful act, the height of these damages is limited to the amount actually paid by Paperstoc's insurance company. In the event that the insurance company does not pay anything, article 11.3, 11.4, and 11.5 apply.

11.3 Paperstoc is only liable for direct damages (as described below) which you suffer as a result of an attributable failure in the performance of the agreement ('wanprestatie') or pursuant to an unlawful act ('onrechtmatige daad') or otherwise insofar as this is allowed under mandatory law up to an amount of EUR 1,000.--. The entire and complete liability of Paperstoc under its agreement with you will never exceed this amount.

11.4 Direct damages shall exclusively pertain to:
- Material damage to goods;
- All reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
- Reasonable costs incurred while determining the cause of damage, liability, direct damage, and the method of recovery.

11.5 To the maximum extent permitted by applicable law, in no event shall Paperstoc be liable for any special, incidental, or consequential damages whatsoever (including but not limited to damages for loss of profits or confidential or other information, for business interruption, for the loss and/or corruption of data, for loss of privacy arising out of or in any way related to the use of or inability to use the Platform, as well as all other forms of damage different from those mentioned in article 11.4), even if Paperstoc has been advised of the possibility of such damages and even if the remedy fails in its essential purpose.

11.6 The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to Paperstoc's willful intent or gross negligence.

11.7 In using the platform, you guarantee that you have thoroughly checked the rules, regulations, and provisions governing your university and that you are allowed to use the services offered by Paperstoc. Paperstoc accepts no liability or responsibility for your decision to use the Platform, should this decision be against your university's regulations or provisions regarding academic work.

Article 12: Force Majeure

12.1 In the case of Force Majeure, the non-fulfillment of the agreement between you and Paperstoc cannot be counted as an attributable failure, and the agreement between you and Paperstoc does not exist.

12.2 Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Platform, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties hired by Paperstoc, disturbances in the internet connection, hardware disruptions, disruptions in the (telecommunications) networks, and other unforeseen circumstances.

Article 13: Termination

13.1 You are entitled to terminate the agreement at any time by discontinuing the use of the Platform and terminating your Profile.

13.2 In addition to the other remedies or means available to Paperstoc, Paperstoc may make decisions at its own discretion at all times, without becoming liable to you. Paperstoc is entitled to (temporarily) restrict or suspend your activities in connection with the Platform and/or delete your Profile in the event you violate these Terms and Conditions, including but not limited to articles 3.3, 3.4, and 5.7.

13.3 If you are still entitled to a payment after you have deleted your account (money on your virtual wallet), Paperstoc will ensure that the payment due will be wired to you. However, in the event your Profile has been deleted as a result of an infringement of these Terms and Conditions as meant in article 13.2, Paperstoc reserves the right to keep (part of) the payment due if Paperstoc suffered damages as a result of termination.

13.4 If you do not access your Profile by 'logging on' to your Profile using your username name and password for any consecutive period of 12 months, then after those 365 days (the 'Grace Period'), your Profile will be deemed 'Inactive'.

Once your Profile has been deemed 'Inactive', we will be entitled to charge you an administrative fee (the 'Inactive Profile Fee') of EUR 5 (or an equivalent amount in GBP, USD, or ZAR converted with the currency rate at that particular moment), which shall be deducted monthly from your Profile Balance thereafter as long as you are deemed as 'Inactive' and you have a positive Profile Balance.

You can reactivate your Profile by logging on to your Profile again. The monthly 'Inactive Profile Fee' will automatically stop.

Article 14: Applicable law and competent court

14.1 These Terms and Conditions and the use of the Platform are governed by and construed in accordance with the laws of the United States.

14.2 All controversies, disputes, or claims arising out of or relating to these Terms and Conditions and the use of the Platform shall be exclusively and finally settled by a competent civil court in the District of Columbia, The United States unless another competent court has been prescribed by mandatory (international) law.

Article 15: Miscellaneous

15.1 If any provision of these Terms and Conditions shall be held to be (partly) illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, so that the Terms and Conditions shall otherwise remain in full force, effect, and enforceability. Paperstoc will replace the invalid part with clauses which will be valid, and of which the legal consequences - considering the conditions and purpose of these Terms and Conditions - correspond as much as possible with those of the invalid part.

15.2 Paperstoc is entitled to assign any rights and obligations that result from these Terms and Conditions to third parties, in which case it will notify you. In the event that you cannot agree with the assignment, your only remedy is to cease the use of the Platform and delete your Profile.