Terms of Service

WELCOME TO YACKPACK, AN INNOVATIVE ONLINE COMMUNITY ENABLING YOU TO CONNECT WITH FRIENDS, FAMILY AND BUSINESS COLLEAGUES. WE HOPE YOU ENJOY USING OUR SERVICE. YACKPACK IS OPERATED BY WHAT PEOPLE LOVE, INC. D/B/A YACKPACK, (“COMPANY”) AND BY OUR USERS (“YOU”). PLEASE TAKE A MOMENT TO READ THE TERMS OF SERVICE SET FORTH BELOW (THIS “AGREEMENT”) AND IF YOU AGREE WITH ALL THE TERMS OF SERVICE, THEN CLICK “YES” BELOW AND PROCEED TO REGISTRATION. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED ON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS; IF THIS AGREEMENT IS CONSIDERED AN “OFFER” BY THE COMPANY, THEN ACCEPTANCE IS EXPRESSLY CONDITIONED ON THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS, PLEASE CLICK “NO” BELOW AND YOU MAY NOT ACCESS THE SERVICE. YOUR USE OF THE YACKPACK SERVICE SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT.

1. Access to the YackPack Service. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on www.yackpack.com (the “Site”), and which are selected and utilized by You through the process provided on the Site (“Services”), solely for Your own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, the provision of online connectivity among friends, family and business colleagues and any other services Company performs for You, as well as the offering of any content on the Site. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by You following such notification constitutes Your acceptance of the terms and conditions of this Agreement as modified. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, microphones, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. By registering for the Service, You certify that you are of legal age to form a binding contract. If you are under 13, you may use the Site and Service only with involvement of a parent or legal guardian. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

2. Proprietary Rights. The Site and its contents are intended solely for the use of registered Company users in accordance with this Agreement. Company owns and retains all proprietary rights in the Site and the Service and this Agreement does not give You any rights not expressly granted herein. The Site and all materials, text, graphics, photographs, images and other content displayed or performed on or in connection with the Site or Services (“Content”) are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that You maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.

3. Restrictions. You are responsible for all of Your activities in connection with the Services and accessing the Site (including all Content you transmit, upload or receive). You warrant, represent and agree that You will not contribute any Content or otherwise use the Site or Service in a manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that You may have breached this Agreement, or for no reason at all. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to use the Services or access to the Site. You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Company user. You will not reverse engineer or otherwise attempt to discover any code, structure, sequence, organization or underlying ideas or algorithms of the Service.

4. Indemnification. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from (i) any claim or demand made by a third party due to or arising out of Your access to the Site, use of the Services, the violation of this Agreement by You, or the infringement by You, or any third person using Your account, of any intellectual property or other right of any person or entity.

5. Other Policies. For information regarding Company’s treatment of personally identifiable information, please review Company's current privacy policy at www.yackpack.com/privacy_policy.html and the Company’s current children’s privacy policy at www.yackpack.com/childrens_privacy_policy.html. If Subscriber believes that material or content residing on or accessible through the Site or Services infringes a copyright, please review Company’s Copyright Dispute Policy at www.yackpack.com/copyright_dispute.html.

6. Term/Termination. Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of Your account, Your right to use the Services and access the Site will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

7. Warranty Disclaimer. Company has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content You access via the Site; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Company from all liability to You from Your having acquired or not acquired Content through the Site. The Site may contain information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible for or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Your use of the Site, Services and Content is at Your own risk and Company shall have no liability to You for any resulting damages. THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration, and identification information, disk space, communications, confidential or trade secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Services.

8. Limitation Of Liability. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, OR (C) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU FOR THE SITE OR SERVICES. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Registration and Security. As a condition to using Services, You may be required to register with Company and select a password and user name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than You without appropriate authorization. Company reserves the right to refuse registration of, or cancel, a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your Company password.

10. Fees and Payment. Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with Services selected by You. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to You, which may be sent by email or posted on the Site. Use of the Services by You following such notification constitutes Your acceptance of any new or increased charges.

11. Miscellaneous. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Company’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Company in any respect whatsoever.