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Our Company. -
Terms of Use
1. ACCEPTANCE OF TERMS
Welcome to Our Company.
We provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most
current version of the TOS at any time at our company policy
page. In addition, when using particular Our Company -.
services, you and Our Company -. shall be subject to
any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines
or rules are hereby in-orated by reference into the TOS.
Our Company -. also may offer other services from time
to time, such as Our Company -. Stores and Affiliate
Sites that are governed by different Terms of Services.
These TOS do not apply to the Our Company -.
syndication Service, Our Company -. Stores or Our
Company -. Affiliate Site or such other services.
2. DESCRIPTION OF SERVICE
Our
Company -. provides users with access to various
communications tools, forums, shopping services,
personalized content and branded programming through its
network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and
that these advertisements are necessary for Our Company -.
to be able to financially support and provide the Service.
You also understand and agree that the service may include
certain communications from Our Company -., such as
service announcements, administrative messages and the
Our Company -. Newsletters, and that these
communications are considered part of Our Company -.
account registration and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service,
including the release of new Our Company -.
properties, shall be subject to the TOS. You understand and
agree that the Service is provided "as-is" and that Our
Company -. assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for
obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the
Service.
Please be aware that Our
Company -. has created certain areas on the Service that
contain adult or mature content. You must be at least 18
years of age to access and view such areas.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use
of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted
by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Our
Company -. has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, Our Company -. has the right to suspend or
terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Our
Company -. is concerned about the safety and privacy of all
its users, particularly children. For this reason, parents
of children under the age of 13 who wish to allow their
children access to the Service must read the TOS paper to
make sure is safe for the child to register and use the
Service. When you create a Our Company -. account and add
your child to the account, you certify that you are at least
18 years old and that you are the legal guardian of the
child/children listed on the Our Company -. account. By
adding a child to a Our Company -. account, you also give
your child permission to access all of the Services
including, all content, message boards, memberships,
communications and subscriptions. Please remember that the
Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. Our Company -. PRIVACY
POLICY
Registration Data and
certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy
policy at Company privacy document, or if you came from
Our Company -. syndications, then see our Our Company
-. syndication privacy policy at Company privacy
document.
5. MEMBER ACCOUNT, PASSWORD
AND SECURITY
You will receive a password
and account designation upon completing the Service's
registration process. You are responsible for maintaining
the confidentiality of the password and account, and are
fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify Our
Company -. of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Our
Company -. cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Our Company -., are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make
available via the Service. Our Company -. does not control
the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may
be exposed to Content that is indecent or objectionable.
Under no circumstances will Our Company -. be liable in any
way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the
Service to:
| a. |
upload, post,
email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise
objectionable; |
| b. |
harm minors in any
way; |
| c. |
impersonate any
person or entity, including, but not limited to, a
Our Company -. official, forum leader, guide or
host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; |
| d. |
forge headers or
otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted
through the Service; |
| e. |
upload, post,
email, transmit or otherwise make available any
Content that you do not have a right to make
available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or
under nondisclosure agreements); |
| f. |
upload, post,
email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights
("Rights") of any party; |
| g. |
upload, post,
email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of
solicitation, except in those areas (such as
shopping rooms) that are designated for such
purpose; |
| h. |
upload, post,
email, transmit or otherwise make available any
material that contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment; |
| i. |
disrupt the normal
flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or
otherwise act in a manner that negatively affects
other users' ability to engage in real time
exchanges; |
| j. |
interfere with or
disrupt the Service or servers or networks connected
to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service; |
| k. |
intentionally or
unintentionally violate any applicable local, state,
national or international law, including, but not
limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any
regulations having the force of law; |
| l. |
"stalk" or
otherwise harass another; or |
| m. |
collect or store
personal data about other users. |
You acknowledge that Our
Company -. does not pre-screen Content, but that Our
Company -. and its designees shall have the right
(but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service.
Without limiting the foregoing, Our Company -. and its
designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any
Content created by Our Company -. or submitted to Our
Company -., including without limitation information in Our
Company -.! Message Boards, Our Company -. Clubs, and
in all other parts of the Service.
You acknowledge and agree
that Our Company -. may preserve Content and may also
disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Our Company -., its
users and the public.
You understand that the
technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global
nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from
the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICE
Our Company -. does not
claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly
accessible areas of the Service, you grant Our Company -.
the following world-wide, royalty free and non-exclusive
license(s), as applicable:
- With respect to Content
you submit or make available for inclusion on publicly
accessible areas of Our Company -. Discussions and
Our Company -. Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific
Our Company -. Discussion Board or Our Company -. Group
to which such Content was submitted or made available.
This license exists only for as long as you elect to
continue to include such Content on the Service and will
terminate at the time you remove or Our Company -.
removes such Content from the Service.
- With respect to photos,
graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service
other than Our Company -. Discussion Boards or Our
Company -. Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the
purpose for which such Content was submitted or made
available. This license exists only for as long as you
elect to continue to include such Content on the Service
and will terminate at the time you remove or Our
Company -. removes such Content from the Service.
- With respect to Content
other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible
areas of the Service other than Our Company -.! Clubs or
Our Company -.! Groups, the perpetual, irrevocable and
fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or
in part) and to in-orate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas
of the Service are those areas of the Our Company -. network
of properties that are intended by Our Company -. to be
available to the general public. By way of example, publicly
accessible areas of the Service would include Our Company
-.! Message Boards and portions of Our Company -.! Clubs and
Our Company -.! Groups that are open to both members and
visitors. However, publicly accessible areas of the Service
would not include portions of Our Company -.! Clubs and Our
Company -.! Groups that are limited to members, Our Company
-. services intended for private communication such as Our
Company -.! Mail or Our Company -.! Messenger, or areas off
of the Our Company -. network of properties such as portions
of World Wide Web sites that are accessible through Our
Company -.! Webring but are not hosted or served by Our
Company -..
9. INDEMNITY
You agree to indemnify and
hold Our Company -., and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or
your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that
Our Company -. may establish general practices and
limits concerning use of the Service, including without
limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be
retained by the Service, the maximum number of email
messages that may be sent from or received by an account on
the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the
maximum disk space that will be allotted on Our Company -.'s
servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Service
in a given period of time. You agree that Our Company -. has
no responsibility or liability for the deletion or failure
to store any messages and other communications or other
Content maintained or transmitted by the Service. You
acknowledge that Our Company -. reserves the right to log
off accounts that are inactive for an extended period of
time. You further acknowledge that Our Company -. reserves
the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Our Company -. reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Our
Company -. shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that Our Company
-., in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
Our Company -. believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Our
Company -. may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree
that Our Company -. may immediately deactivate or delete
your account and all related information and files in your
account and/or bar any further access to such files or the
Service. Further, you agree that Our Company -. shall not be
liable to you or any third-party for any termination of your
access to the Service.
14. DEALINGS WITH
ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through the Service, including
payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that Our Company -. shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or
third parties may provide, links to other World Wide Web
sites or resources. Because Our Company -. has no control
over such sites and resources, you acknowledge and agree
that Our Company -. is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content,
advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and
agree that Our Company -. shall not be responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. Our Company -.'S
PROPRIETARY RIGHTS
You acknowledge and agree
that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the
Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Our
Company -. or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
Our Company -. grants you a
personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface
that is provided by Our Company -. for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
1. YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. Our Company -. EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
2. Our Company -. MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Our Company -.
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT Our Company -. SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Our Company -. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR
SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or
join any service, receive or request any news, messages,
alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please
read the above Sections 17 and 18 again. They go doubly for
you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content
included in the Service is intended for trading or investing
purposes. Our Company -. and its licensors shall not be
responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made
available via the Service, and shall not be responsible or
liable for any trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be made
via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on
the Service.
22. TRADEMARK INFORMATION
Our Company -., the Our
Company -. logo, Our Company -.! (the "Our Company -.
Marks"). Without Our Company -.'s prior permission, you
agree not to display or use in any manner, the Our Company
-. Marks.
23. COPYRIGHTS and COPYRIGHT
AGENTS
Our Company -. respects the
intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated,
please provide Our Company -.'s Copyright Agent the
following information:
- an electronic or
physical signature of the person authorized to act on
behalf of the owner of the copyright or other
intellectual property interest;
- a description of the
copyrighted work or other intellectual property that you
claim has been infringed;
- a description of where
the material that you claim is infringing is located on
the site;
- your address, telephone
number, and email address;
- a statement by you that
you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the
law;
- a statement by you,
made under penalty of perjury, that the above
information in your Notice is accurate and that you are
the copyright or intellectual property owner or
authorized to act on the copyright or intellectual
property owner's behalf.
Our Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as
follows:
By email:
support
@3packs.com
24. GENERAL INFORMATION
The TOS constitute the
entire agreement between you and Our Company -. and govern
your use of the Service, superceding any prior agreements
between you and Our Company -.. You also may be subject to
additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Our
Company -. shall be governed by the laws of the State of
California without regard to its conflict of law provisions.
You and Our Company -. agree to submit to the personal and
exclusive jurisdiction of the courts located within the
county of Santa Clara, California. The failure of Our
Company -. to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the
TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations
of the TOS to our Customer Care group. |