Privacy Policy

YACKPACK PRIVACY POLICY

WHAT DOES THIS PRIVACY POLICY COVER?

WHAT PERSONAL INFORMATION DOES YACKPACK COLLECT?

Personal Information You Provide to Us:

We may receive and store any information you enter on our website in connection with your registration to use our service or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features and/or use our services or website. The Personal Information you provide may be used for such purposes as responding to your requests for certain services, answering questions you may have, customizing the advertising and content you see, and communicating with you about features of the service.

Personal Information Collected Automatically:

We may receive and store certain types of information whenever you interact with our website or services. YackPack may choose to automatically receive and record information on our server logs from your browser including your IP address, YackPack cookie information, and the page you requested.

Generally, our service may automatically collect usage information, such as the numbers and frequency of visitors to our site and its components. YackPack only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often users use parts of the website or services so that we can make the website and services appealing to as many users as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our users, collectively, use our site. We share this type of statistical data so that our partners also understand how often people use their services and our website, so that they, too, may provide you with an optimal online experience.

E-mail and Message Communications:

We may receive a confirmation when you open an e-mail or other message sent from YackPack if your computer supports this type of program. YackPack may use this confirmation to help us make such emails or other messages more interesting and helpful. We may also send registered users emails about their registration, customer account information and the YackPack service in general.

What About Cookies?

Cookies are alphanumeric identifiers that we may transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. YackPack cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to personally identify you.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways.

WILL YACKPACK SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?

Personal Information about our users is an important part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below, unless we receive your consent.

Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, YackPack’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if YackPack or substantially all of its assets were acquired, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of YackPack may continue to use your Personal Information as set forth in this policy.

Protection of YackPack and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with any law; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of YackPack, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

WHAT PERSONAL INFORMATION CAN I ACCESS?

YackPack may allow you to access certain information about you for the purpose of viewing, and in certain situations, updating that information. To accomplish this, you should either go to the “Information” tab to change your name, birth date and contact information or go to the “Account Settings” tab to change your email address and password. The types of information that you can access and update will change as our website changes.

WHAT CHOICES DO I HAVE?

As stated previously, you can always opt not to disclose information to YackPack, even though it may be needed to receive services or take advantage of certain YackPack website features.

You may be able to add or update certain information on pages, such as those that may be listed in the “What Personal Information Can I Access” section above. When you update information, however, we may maintain a copy of the unrevised information in our records.

As explained earlier, the majority of browsers allow you to monitor and restrict our use of cookies. Please note, however, that if your browser does not accept cookies, you may not be able to take advantage of some of our services or website features.

CHANGES TO THIS PRIVACY POLICY

YackPack may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our web site.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy at YackPack site, please send us a detailed message to support@YackPack.com. We will make every effort to resolve your concerns.

EFFECTIVE DATE OF THIS PRIVACY POLICY

This Privacy Policy is effective as of December 6, 2005.

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/termsandpolicies.html and the Company’s current children’s privacy policy at www.yackpack.com/termsandpolicies.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/termsandpolicies.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.

Privacy Policy

YACKPACK CHILDREN’S PRIVACY POLICY

What This Children’s Privacy Policy Covers

Information Collection and Use

If the parent does not consent or if we do not receive a response from the parent, then we delete the child’s information from our database. If the parent permits the child to register, the child will be able to use all the features of the site and service.

We use the child’s Personal Information to create and maintain accounts, to facilitate the operation and improvement of our site and service, and to customize certain advertising and content seen on our pages. Further, according to Children’s Online Privacy Protection Act (“COPPA”), no web site operator can require, as a condition of participation in an activity, that a child under the age of 13 disclose more Personal Information than is reasonably necessary. YackPack adheres to this requirement.

Information Sharing and Disclosure

• YackPack will not rent or sell children’s Personal Information to anyone.
• YackPack will not contact children under the age of 13 about special offers or for marketing purposes without parental consent.
• YackPack will not send Personal Information about a child to other companies or people, except when: we have a parent’s consent to share the information or we are required to do so to comply with the law, including for example, to comply with a court order or subpoena; to enforce our Terms of Service, or site rules; or to protect the safety and security of our users and site.

Ability to Update or Delete Information

Moreover, parents may review, edit, and delete information relating to their child’s account at any time. We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their children:

• A parent can access, change, or delete his or her child’s Personal Information by logging on to the website and following the instructions set forth above in “What Personal Information Can I Access.” The parent will need to have their child’s member name and password. There are instructions on the YackPack “log in” page explaining how to recover a password if the child has forgotten it.
• A parent can contact our customer service department to access, change, or delete the child’s Personal Information by sending an e-mail to legal@yackpack.com. Please include the child’s member name and the parent’s e-mail address in the e-mail so that we can better assist you with your inquiry or request.

Please note that Personal Information about a child may remain in back-up storage for some period of time after a request for deletion of that child’s account. This may be the case even though no information about that account remains in our active user databases.

Contact Us

If you have questions or concern about this Children’s Privacy Policy, you can contact us via email at legal@yackpack.com, or write to us at the following address:

You may also telephone us at 1-707-566-8006.

Effective Date of this Children’s Privacy Policy: December 6, 2005.

Copyright Dispute Policy

What People Love, Inc. d/b/a YackPack (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Company website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Company’s policy:

1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company’s may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion. Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

B.J. Fogg

Chief User Experience Officer, Founder, Chairman of the Board

What People Love, Inc.
1083 Vine Street #209
Healdsburg, CA 95448

Phone: 707.566.8006
Fax: 707.433.2486
Email to: bj@yackpack.com