Packback’s Terms of Service
This Agreement governs your use of Packback and any other websites, domains, sub-domains and technology products associated therewith (collectively, the “Packback Website”), your access to the Packback Website, and your right to read, upload, edit and publish text, photographs, illustrations, video, audio and/or any other media or content (“Content”) from the Packback Website, and all other products and services offered by the Company (“Packback Platform”). By accessing or using the Packback Platform in any way, including, without limitation, use of any of the Packback Website and/or downloading of any Content including conducting any book searches, you agree to and are bound by these Terms of Service (the “Terms of Service”).
1. ACCEPTANCE OF TERMS
A. This Website is owned and operated by the Company. Access and use of the Packback Platform is provided by the Company to you on condition that you accept these Terms of Service, and by accessing or using the Packback Platform, you agree to these Terms of Service. If you do not agree to accept these Terms of Service you should not access or use the Packback Platform in any possible form. The services that the Company provides to its members (each a “Member” and, collectively, its “Members”) and public in general are subject to the following Terms of Service. The Company reserves the right to update the Terms of Service at any time with notice to Member’s account. The most current version of the Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of the Packback Website, as applicable.
B. A Member’s right to use the Packback Platform is personal to Member or the individual or entity who/that acquired such Member’s access. Unless expressly stated otherwise in writing and with the Company’s express prior consent, any rights in these Terms of Service are not transferable by a Member to any other person or entity. A Member is responsible for all use of Member’s Account (under any login name or password) and for ensuring that all use of Member’s Account complies fully with the provisions of these Terms of Service. A Member shall be responsible for protecting the confidentiality of such Member’s password(s) and such Member hereby indemnifies and holds harmless the Company and its affiliates for any losses, expenses or other damages suffered by it in connection with Member’s actions or omissions in connection with such Member’s use, misuse or failure to observe these Terms of Service in respect of the Packback Platform.
C. The Company shall have the right at any time to change or discontinue the Packback Platform, the Packback Website and/or any feature or function thereof, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS; PRICING
The Company shall have the right at any time to change or modify these Terms of Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Packback Platform, or by electronic or conventional mail, or by any other means by which a Member obtains notice thereof. Any use of the Packback Platform by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions. If you breach any of the Terms of Service, the Company may automatically terminate your use of the Packback Platform, without notice, and any failure of the Company to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.
The Company shall, from time to time, change its pricing for membership, subscription features and access to Content and other electronic resources, such as books. To the extent that pricing relates to the Packback Platform and its resources, features and functions that a Member has purchased for a specific amount or time period, such pricing will be honored even if a change is subsequently made (except to the extent that such pricing was originally provided on a contingent basis with respect to future changes); however, to the extent of a change, any and all pricing for new products, services, features, resources and other materials shall be on the basis of the pricing when sold or renewed.
3. DESCRIPTION OF SERVICES AND MEMBERSHIP
The Company provides its Members with access to a variety of resources via the Packback Platform, including, but not limited to download areas, uploading tools
A. The Packback Platform is an online solution where Members can access the Content. The Packback Platform may be divided into multiple viewable areas, including, but not limited to, areas for Members and areas for non-Members, provided that Members-only areas of the Packback Platform may be visible to non-Members with certain information (including, but not limited to, names of Members) removed and certain features disabled (any such Members-only area may still be referred to on the Packback Platform as a “private” community even if visible publicly). The Member’s area is only accessible by Members. The Member’s area gives to Members (in addition to all services available in the public section) rights to: (a) access and manage their accounts on the Packback Platform and (b) upload and download Content onto and from the Packback Platform in accordance with these Terms of Service and, to the extent then applicable, a Content Upload Agreement or Content Access Agreement made available on the Packback Website, from time to time.
B. Visitors who register for the Packback Platform in order to become a Member, will select the user name (“Login Name”) and the user password (“Password”) to create a membership account (“Membership Account”).
C. Members shall upload Content through their Membership Accounts, and this Content will be subject to Content Upload Agreement, as applicable. By uploading Content, each Member agrees to give the Company and all other users of the Packback Platform a perpetual, non-exclusive, non-transferable and royalty-free license to use such Content for any purpose including publication, displaying, distribution, modification, and creation of derivative works, provided that only the Company and the originating Member, and no other Member, shall have the right to commercialize, sublicense or sell for value any other Member’s Content except as the originating Member may expressly agree in writing.
D. The Company has the right to license a Member’s Content unless and until the time such Member removes such Content from the Packback Platform in its entirely, together with a deactivation of such Member’s Membership Account. The Company may also, in its sole discretion, place limits on the accessing or uploading of Content.
E. Members may download Content through their Membership Accounts as permitted via the Packback Platform from time to time, and this Content will be subject to then Content Access Agreement, as applicable, and the Company may condition a Member’s use of Content (other than such Member’s own Content) on such Content Access Agreement.
4. CONSENT; CONDUCT
A. You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms of Service. To the extent you are under 18 years of age, but over 13 years of age, you must enter into a separate agreement for the use of the Packback Platform before accessing it. If you are accessing and using the Packback Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms of Service. In that situation, “you” and “your” will refer to both you and that entity.
B. You shall use the Packback Platform for lawful purposes only. You shall not post or transmit through the Packback Platform any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the Packback Platform will not be permitted.
C. The Packback Platform contains copyrighted Content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belong to the Company, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted under the terms of the Content Access Agreement, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.
D. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any of downloaded shared Content, in whole or in part, otherwise as provided to you as part of the services by the Packback Platform.
E. You may not reverse engineer, decompile or disassemble the Packback Platform (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Packback Platform); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Packback Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information, including account names, from the Packback Platform, nor to use the communication systems provided by the Packback Platform, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Packback Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Packback Platform or the Content. You may not frame any part of our Packback Platform. You may not use, or attempt to use, the Packback Platform through any means not explicitly and intentionally made available, provided or intended with respect to the Packback Platform. You may not harvest information about users and/or Members of the Packback Platform for any purpose. You may not use the Packback Platform in any manner that could damage, disable, overburden, or impair the Packback Platform or that harms the Company, its service providers, suppliers or any other person.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To become a Member, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. As a Member, you will also choose a Password and a Login name. A Member is entirely responsible for maintaining the confidentiality of Member’s password and account. Furthermore, each Member is entirely responsible for any and all activities that occur under Member’s account. Each Member agrees to notify the Company immediately of any unauthorized use of such Member’s account or any other breach of security. The Company will not be liable for any losses, expenses, damages or any other costs that a Member may incur as a result of someone else using such Member’s password or account, either with or without such Member’s knowledge. However, a Member could be held liable for losses, expenses, damages and other costs incurred by the Company or another party due to someone else using a Member’s account or password.
6. CONTENT PROVIDED TO THE PACKBACK PLATFORM
The copyright of all Content uploaded by Members is held by such Members. Members may not upload content to which they do not own the copyrights. The Company does not claim ownership of the Content that Members provide to the Company (including, without limitation, feedback and comments) or upload to the Company. However, by uploading Content, a Member is granting the Company, permission to use such Content in connection with the operation of its business (including, without limitation, the Packback Platform), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s Content; and to publish Member’s name in connection with Member’s Content.
The Company is under no obligation to post or use any Content that a Member may provide and the Company may remove any Content at any time in its sole discretion. By uploading Content, a Member warrants and represents to own or otherwise possess and control all of the rights to such Member’s Content as described in these Terms of Service including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit the Content. In addition to the warranty and representation set forth above, by uploading a Content, each Member warrants and represents that (a) Member is the copyright owner of such Content, (b) Member have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in Content, which intended for sale, has provided consent (such as a Model Release) to the use of the Content as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content. Notwithstanding anything contained herein to the contrary, the information arising from any and all discussion groups and/or communities on the Packback Platform (whether “private”, “public”, “members-only” or otherwise), to the extent aggregated into a discussion or community, together with the data contained thereby as to the discussion or community taken as a whole or as a sum in excess of any one Member’s Content contribution to such discussion or community shall be the sole and exclusive property of the Company (collectively and individual, as the context allows, the “Discussion Content”).
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. You expressly agree that use of the Packback platform is at your sole risk. Neither the company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that website will be uninterrupted or error-free; Nor do they make any warranty as to the results that May be obtained from use of our website, or as to the accuracy, reliability or content of any information, service, provided through the Packback platform.
B. The Packback platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms of Service.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that the company is not liable for the defamatory, offensive or illegal conduct of other members or third-parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will the company, or any person or entity involved in creating, producing or distributing the Packback website or the Packback platform, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use website. You hereby acknowledge that the provisions of this section shall apply to all content on the Packback platform.
E. In addition to the terms set forth above, neither the company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within website, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. Neither the company nor you will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/ Or software failure and/ Or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications) . The party affected by any such event shall notify the other party within a maximum of 15 days from its occurence. The performance of these Terms of Service shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under these Terms of Service.
8. NO ENDORSEMENT; LINKS TO THIRD PARTY SITES/MATERIAL
The Company does not sponsor, endorse, recommend or approve of any Content submitted to the Packback Platform by any of its Member. While the Company tries to confirm all such Content meets the requirements of these Terms of Service, the Company cannot and does not represent or warrant that any Content is complete, accurate or not misleading.
The Packback Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third Party Materials are not owned or controlled by the Company. These Third Party Materials are provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. If you arrive at the Packback Platform from a third party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the Packback Platform does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices. You will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending e-mails.
The Company shall have the right, but not the obligation, to monitor the content of the Packback Platform, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Packback Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Packback Platform by you and/or, to the extent you are a Member, then arising out of the use of your Member Account.
The Company may terminate these Terms of Service at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate a Member’s Account in the event of any conduct by such Member that the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by such Member of these Terms of Service and any other agreement referenced herein between the Company and such Member. Upon termination of a Member’s access to his or her portions of the Packback Platform, such Member agrees to forfeit all downloads remaining in Member’s Account.
These Terms of Service shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
14. COPYRIGHT NOTICE
The Company, its logos and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the Packback Platform are the property of their respective owners. Any rights not expressly granted herein are reserved.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been reproduced in connection with the Packback Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Packback Platform, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
55 East Jackson Blvd, #600
Chicago, IL 60604
16. FTC DISCLOSURE POLICY
The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Packback Platform. We are not compensated to provide an opinion or an endorsement on products, services, websites and various other topics. The views and opinions expressed on the Packback Platform are purely our views and opinions or those of the users of the Packback Platform who maintain a Member’s Account. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement.