1. ACCEPTANCE OF TERMS
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, 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
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
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.
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.
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 acknowledges 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.
8. NO ENDORSEMENT; LINKS TO THIRD PARTY SITES/MATERIAL
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.
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.