Description of Service
1.1. Paper Bus provides anonymous online web surfing protection for personal and commercial use. In exchange for certain Paper Bus Services, Paper Bus displays advertisements to its users. Users must be at least 18 years old (or have the explicit permission of a parent or guardian) and understand all of the Terms within the Paper Bus's Terms of Service agreement.
Your Relationship with Paper Bus
2.1. Your use of Paper Bus's products, software, Services and websites (referred to collectively as the "Services" in this document) is subject to the Terms of a legal agreement between You and Paper Bus. Paper Bus's principle place of business is at Unit 1A, 2/F, Fu Tao Building, 98 Argyle Street, Mongkok, Kowloon, Hong Kong. This document explains how the agreement is made up, and sets out some of the Terms of that agreement.
2.2. Unless otherwise agreed in writing with Paper Bus, Your agreement with Paper Bus will always include, at a minimum, the Terms of Service set out in this document.
Accepting the Terms
3.1. In order to use the Services, You must first agree to the Terms. You may not use the Services if You do not accept the Terms.
3.2. You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to You by Paper Bus in the user interface for any Service; or
(B) By actually using the Services. In this case, You understand and agree that Paper Bus will treat Your use of the Services as acceptance of the Terms from that point onwards.
3.3. You may not use the Services and may not accept the Terms if:
(A) You are not of legal age to form a binding contract with Paper Bus; or
(B) You are barred from receiving the Services under the laws of the Hong Kong or other countries including the country in which You are resident or from which You use the Services.
Language of the Terms
4.1. Where Paper Bus has provided You with a translation of the English language version of the Terms, then You agree that the translation is provided for Your convenience only and that the English language version of the Terms will govern Your relationship with Paper Bus.
4.2. If there is any contradiction between the English language version of the Terms says and that the translation says, then the English language version shall take precedence.
Provision of Services by Paper Bus
5.1. Paper Bus is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Paper Bus provides may change from time to time without prior notice to You.
5.2. As part of this continuing innovation, You acknowledge and agree that Paper Bus may stop (permanently or temporarily) providing the Services (or any of the features within its Services) to You or to users generally at Paper Bus's sole discretion, without prior notice to You. You may stop using Paper Bus's Service at any time. You do not need to specifically inform Paper Bus when You stop using Services.
5.3. You acknowledge and agree that if Paper Bus disables access to Your account, You may be prevented from accessing the Services, Your account details or any files or other content which is contained in Your account.
5.4. You acknowledge and agree that while Paper Bus may not currently have set a fixed upper limit on the number of transmission You may send or receive through the Services or the amount of storage space used for the provision of any Service; such fixed upper limits may be set by Paper Bus at any time, at Paper Bus's discretion.
Use of the Services by You
6.1. In order to access certain Services, You may be required to provide information about Yourself (such as identification or contact details) as part of the registration process for the Service, or as part of Your continued use of the Services. You agree that any registration information You give to Paper Bus will always be accurate, correct and up to date.
6.2. You agree to use the Services only for purposes that are permitted by:
(A) The Terms and
(B) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software from the United States or relevant countries.)
6.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Paper Bus, unless You have been specifically allowed to do so in a separate agreement with Paper Bus. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with all the instructions set out in any robots.txt file present on the Services.
6.4. You agree that You will not engage in any activity that interferes or disrupts the Services (or the servers and networks which are connect to the Services).
6.5. Unless You have been specifically permitted in a separate agreement with Paper Bus, You agree not that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6.6. You agree that You are solely responsible for (and that Paper Bus has no responsibility to Your or to any third party for) any consequences (including any loss or damage which Paper Bus may suffer) of any such breach.
Software Updates
7.1. The software which You may use may automatically download and install updates from time to time from Paper Bus. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Paper Bus to deliver these to You) as part of Your use of the Services. You further acknowledge that the Services may contain information which is designated confidential by Paper Bus and that You shall not disclose such information without Paper Bus's prior written consent.
7.2. Unless You have agreed otherwise in writing with Paper Bus, nothing in the Terms gives You a right to use any of Paper Bus's trade names, trademarks, Service marks, logos, domain names, and other distinctive features.
7.3. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.4. Unless You have been expressly authorized to do so in writing by Paper Bus, You agree that in using the Services, You will not use any trade mark, Service mark, logo of any company or organization in any way that it is likely or intended to cause confusion about the owner or authorized user of such marks, name or logos.
License from Paper Bus
8.1. You may not (and You may not permit anyone else to) copy, modify, create derivative work of, reverse engineer, decompile or otherwise attempt to extract the course code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Paper Bus, in writing.
Ending Your relationship with Paper Bus
9.1. The Terms will continue to apply until terminated by either You or Paper Bus as set out below.
9.2. If You want to terminate Your legal agreement with Paper Bus, You may do so by uninstalling the Paper Bus application at anytime.
9.3. Paper Bus may at any time, terminate its legal agreement with You if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Paper Bus is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); or
(C) Paper Bus is transitioning to no longer providing the Services to users in the country in which You are resident or from which You use the Service.
9.4. Nothing in this Section shall affect Paper Bus's rights regarding provision of Services under Section 5 of the Terms.
9.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that You and Paper Bus have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 24.5 shall continue to apply to such rights, obligations and liabilities indefinitely.
Exclusions and Warranties
10.1. Nothing in these Terms shall exclude or limit Paper Bus's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied Terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in Your jurisdiction will apply to You and our liability will be limited to the maximum extent permitted by law.
10.2. You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services are provided "as is" and "as available."
10.3. In particular, Paper Bus, its subsidiaries and affiliates, and its licensors do not represent or warrant to You that:
(A) Your use of the Services will meet Your requirements,
(B) Your use of the Services will be uninterrupted, timely, secure or free from error,
(C) Any information obtained by You as a result of Your use of the Services will be accurate or reliable, and
(D) That defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
10.4. Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.
10.5. No advice or information, whether oral or written, obtained by You from Paper Bus or through or from the Services shall create any warranty not expressly stated in the Terms.
10.6. Paper Bus further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
11.1. Subject to overall provision in paragraph 10.1 above, You expressly understand and agree that Paper Bus, its subsidiaries and affiliates, and its licensors shall not be liable to You for:
(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
(i) Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
(ii) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Services;
(iii) Any changes which Paper Bus may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iv) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Services;
(v) Your failure to provide Paper Bus with accurate account information;
(vi) Your failure to keep Your password or account details secure and confidential;
11.2. The limitations on Paper Bus's liability to You in paragraph 11.1 above shall apply whether or not Paper Bus has been advised of or should have been aware of the possibility of any such losses arising.
Copyright and trade mark policies
12.1. It is Paper Bus's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Other content
13.1. The Services may include hyperlinks to other web sites or content or resources. Paper Bus may have no control over any web sites or resources which are provided by companies or persons other than Paper Bus.
13.2. You acknowledge and agree that Paper Bus is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3. You acknowledge and agree that Paper Bus is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
14.1. Paper Bus may make changes to the Terms from time to time. When these changes are made, Paper Bus will make a new copy of the Terms available at http://www.paperbu.us/tos.php.
14.2. You understand and agree that if You use the Services after the date on which the Terms have changed, Paper Bus will treat Your use as acceptance of the updated Terms.
Advertising
15.1. The Paper Bus Services are supported by advertising revenue and will display advertisements and promotions.
15.2. The manner, mode and extent of advertising by Paper Bus on the Services are subject to change without specific notice to You.
15.3. In consideration for Paper Bus granting You access to and use of the Services, You agree that Paper Bus may place such advertising on the Services.
Severability
16.1. You agree and acknowledge that in the event that any portion of these Terms is deemed by a court to be invalid, the remaining portions shall remain in full force and effect.
Non Exclusive License
17.1. Paper Bus hereby grants You a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Paper Bus Application solely as necessary to use the Service for one or more computers.
General legal Terms
18.1. Sometimes when You use the Services, You may (as a result of, or through Your use of the Services) use a Service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Services, software or goods may be subject to separate Terms between You and the company or person concerned. If so, the Terms do not affect Your legal relationship with these other companies or individuals.
18.2. The Terms constitute the whole legal agreement between You and Paper Bus and govern Your use of the Services.
18.3. You agree that Paper Bus may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You also acknowledge that You may not opt out of certain Paper Bus notices.
18.4. You agree that if Paper Bus does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Paper Bus has the benefit of under any applicable law), this will not be taken to be a formal waiver of Paper Bus's rights and that those rights or remedies will still be available to Paper Bus.
18.5. The Terms, and Your relationship with Paper Bus under the Terms, shall be governed by the laws of Hong Kong without regard to its conflict of laws provisions. You and Paper Bus agree to submit to the exclusive jurisdiction of the courts located within Hong Kong to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that Paper Bus shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
