Back

PackSoup Terms of Service

v.01/01/2014

Terms of Service

These Terms of Service ("ToS") govern your access to and use of the services, including our various current and future websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “PackSoup”), and any information, photos, graphics, text or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these ToS. By accessing or using the Services you agree to be bound by these ToS.

These ToS were written in English (US). To the extent any translated version of these ToS conflict with the English version, the English version controls

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these ToS.

You may use the Services only if you can form a binding contract with PackSoup and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these ToS and using the Services on behalf of a government, organization, company, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these ToS and all applicable local, state, national, and international laws, rules and regulations.

The Services that PackSoup provides are always evolving and the form and nature of the Services that PackSoup provides may change from time to time without prior notice to you. In addition, PackSoup may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

In order to use the Services;

1. You must be at least 13 years old.

2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services.

3. You agree that you will not solicit, collect or use the login credentials of other PackSoup users.

4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services (In shared Manner), including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

5. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, friends, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, PackSoup prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to PackSoup upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

6. You are responsible for keeping your password, that you use to access the Services and for any activities or actions under your password, secret and secure. You are responsible for safeguarding the password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PackSoup cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

7. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content, including but not limited to, copyright laws.

8. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or PackSoup.

9. You must not use domain names or web URLs in your username without prior electronically written consent from PackSoup.

10. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any PackSoup page is rendered or displayed in a user's browser or device.

11. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any PackSoup users.

12. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

13. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these ToS or any other PackSoup terms.

14. Violation of these ToS may, in PackSoup's sole discretion, result in termination of your PackSoup account. You understand and agree that PackSoup cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these ToS, or otherwise create risk or possible legal exposure for PackSoup, we can stop providing all or part of the Services to you and delete and destroy all information provided by you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by PackSoup on the Services are subject to change. In consideration for PackSoup granting you access to and use of the Services, you agree that PackSoup and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Privacy

Your privacy is very important to us. We designed our privacy practises to make important disclosures about how you can use PackSoup to share with others and how we collect and can use your content and information. We do not share with any party any personal data that identifies the owner, and/or links persons to data unless required by law. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by PackSoup. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your PackSoup account, which you may not be able to opt-out from receiving.

3. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You own all of the Content and information you post on PackSoup, and you can control how it is shared through your Deck Settings. In addition:

1. For Content that is covered by intellectual property rights, like photos (IP content), you specifically give us the following permission, subject to your privacy and Deck Settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PackSoup (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have copied it.

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. When you publish content or information using the public view setting, it means that you are allowing every friend in PackSoup, to access and use that information, and to associate it with you (i.e., your name).

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will PackSoup be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.

We always appreciate your feedback or other suggestions about PackSoup, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

4. Safety

We do our best to keep PackSoup safe, but we cannot guarantee it. We need your help to keep PackSoup safe, which includes the following commitments by you:

1. You will not post unauthorized commercial communications (such as spam) on PackSoup.

2. You will not collect users' content or information, or otherwise access PackSoup, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on PackSoup.

4. You will not upload viruses or other malicious code.

5. You will not solicit login information or access an account belonging to someone else.

6. You will not bully, intimidate, or harass any user.

7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

9. You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on PackSoup.

10. You will not use PackSoup to do anything unlawful, misleading, malicious, or discriminatory.

11. You will not do anything that could disable, overburden, or impair the proper working or appearance of PackSoup, such as a denial of service attack or interference with page rendering or other PackSoup functionality.

12. You will not facilitate or encourage any violations of these ToS or our policies.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services unless other users you shared copies this information. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) if you have denoted that deck as shared or available for public view.

You agree that this license includes the right for PackSoup to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with PackSoup for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by PackSoup, or other companies, organizations or individuals who partner with PackSoup, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your shared Content may be syndicated, broadcast, distributed, or published by our current or future partners and if you do not have the right to submit Content for such use, it may subject you to liability. PackSoup will not be responsible or liable for any use of your Content by PackSoup in accordance with these ToS. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit through creating Cards, Tails, Decks or any other electronic objects.

6. Your License To Use the Services

PackSoup gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by PackSoup as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PackSoup, in the manner permitted by these ToS.

7. Registration and Account Security

PackSoup users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on PackSoup, or create an account for anyone other than yourself without permission.

2. You will not create more than one personal account.

3. If we disable your account, you will not create another one without our permission.

4. You will not use your personal timeline primarily for your own commercial gain, and will use a PackSoup page for such purposes.

5. You will not use PackSoup if you are under 13.

6. You will not use PackSoup if you are a convicted sex offender.

7. You will keep your contact information accurate and up-to-date.

8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

9. You will not transfer your account (including any Page, Deck or Cards you administer) to anyone without first getting our written permission.

If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name, or at our sole discretion).

8. PackSoup Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of PackSoup and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the ToS gives you a right to use the PackSoup name or any of the PackSoup trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding PackSoup, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

9. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the ToS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PackSoup, its users and the public.

Except as permitted through the Services, or these ToS you have to use the PackSoup interface if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public or non-shared areas of the Services, PackSoup’s computer systems, or the technical delivery systems of PackSoup’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PackSoup (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PackSoup (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

10. Copyright Policy

We respect other people's rights, and expect you to do the same. PackSoup respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, PackSoup will also terminate a user’s account if the user is determined to be a repeat infringer and may choose to do so without any notification.

11. Ending These Terms of Services

The ToS will continue to apply until terminated by either you or PackSoup as follows.

You may end your legal agreement with PackSoup at any time for any reason by deactivating your accounts and discontinuing your use of the Services by deleting all your content in PackSoup. You do not need to specifically inform PackSoup when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these ToS, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the ToS shall terminate, including, without limitation, your license to use the Services, except that the relevant sections shall continue to apply.

Nothing in this section shall affect PackSoup’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in this section 11.

12. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of PackSoup and its current or future parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “PackSoup Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS", "AS AVAILABLE" and “WITH ALL FAULTS” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE PACKSOUP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The PackSoup Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the PackSoup Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the PackSoup Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the PackSoup Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PACKSOUP ENTITIES, EMPLOYEES, OWNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PACKSOUP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PACKSOUP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT THE PACKSOUP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. General Terms

A. Waiver and Severability

The failure of PackSoup to enforce any right or provision of these Tos will not be deemed a waiver of such right or provision. In the event that any provision of these Tos is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Tos will remain in full force and effect.

B. Controlling Law and Jurisdiction

These ToS and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in State of California and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these ToS and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.

13. Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these ToS or PackSoup exclusively in the U.S. District Court for the State of California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern these ToS, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on PackSoup, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on PackSoup and are not responsible for the content or information users transmit or share on PackSoup. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on PackSoup. We are not responsible for the conduct, whether online or offline, or any user of PackSoup.

WE TRY TO KEEP PACKSOUP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PCKSOUP AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PACKSOUP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PACKSOUP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PACKSOUP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR PACKSOUP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS OR PACKSOUP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PACKSOUP'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Entire Agreement

These ToS are the entire and exclusive agreement between PackSoup and you regarding the Services, and these ToS supersede and replace any prior agreements between PackSoup and you regarding the Services.

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. You will not assign the ToS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PackSoup. Any purported assignment or delegation by you without the appropriate prior written consent of PackSoup will be null and void. PackSoup may assign these ToS or any rights hereunder without your consent. If any provision of these ToS is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these ToS and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the ToS remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the ToS. These ToS do not confer any third-party beneficiary rights.

We may revise these ToS from time to time, the most current version will always be atPackSoup.com/tos. If the revision, in our sole discretion, is material we will notify you via an PackSoup update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised ToS.

15. Special Provisions Applicable to Users outside the United States


We strive to create a global information community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with PackSoup outside the United States:

a. You consent to having your personal data transferred to, stored and processed in the United States.

b. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on PackSoup (such as advertising or payments). You will not use PackSoup if you are prohibited from receiving products, services, or software originating from the United States.

c. The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PackSoup to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that PackSoup provides.

d. Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these ToS is January 1, 2014. These ToS were written in English (US). To the extent any translated version of these ToS conflicts with the English version, the English version controls.

Back