|
www.preferredpackaging.com
1. ACCEPTANCE OF TERMS
Welcome to the Preferred Packaging and Container, Inc (“Preferred”)
Web Site. Preferred 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.
In addition, when using particular Preferred services, you
and Preferred 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 incorporated
by reference into the TOS. Preferred also may offer other
services from time to time that may be governed by different
Terms of Services.
2. DESCRIPTION OF SERVICE
Preferred currently provides users with access to a rich collection
of resources, including, 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 may be necessary
for Preferred to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new Preferred properties,
shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that Preferred
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.
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 and / or your corporation as prompted by the
Service's registration process (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 Preferred has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, Preferred 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). Preferred is concerned
about the safety and privacy of all its users.
4. PREFERRED PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, see
our full Privacy
Policy.
5. CUSTOMER ACCOUNT, PASSWORD
AND SECURITY
You will enter your password and account information upon
completion of 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 Preferred 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. Preferred cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
5.
6. CUSTOMER 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 Preferred, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. Preferred 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
offensive, indecent or objectionable. Under no circumstances
will Preferred 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, tortuous, 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 Preferred official or representative, 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 Preferred does not pre-screen Content, but that Preferred
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,
Preferred 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 Preferred or submitted to Preferred, including
without limitation information in Preferred Message Boards,
Preferred Clubs, and in all other parts of the Service.You
acknowledge and agree that Preferred 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 Preferred,
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
Preferred 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 Preferred
the following world-wide, royalty free and non-exclusive license(s),
as applicable:
With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible area
of the Service, 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 Preferred 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, the perpetual, irrevocable
and fully sub-licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate
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 Preferred network of properties that are intended
by Preferred to be available to the general public. By way
of example, publicly accessible areas of the Service would
include Preferred Message Boards and Preferred Knowledge Base
that are open to both members and visitors. However, publicly
accessible areas of the Service would not include Preferred
services intended for private communication such as Preferred
Mail, Preferred Catalog or Preferred Order System, or areas
off of the Preferred network of properties such as portions
of World Wide Web sites that may be accessible through a Web
ring but are not hosted or served by Preferred.
9. INDEMNITY
You agree to indemnify and hold Preferred, 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 Preferred may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that message board postings
or other uploaded Content will be retained by the Service,
the maximum disk space that will be allotted on Preferred
'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 Preferred has no
responsibility or liability for the deletion or failure to
store any communications or other Content maintained or transmitted
by the Service. You acknowledge that Preferred reserves the
right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Preferred 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
Preferred 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 Preferred 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 Preferred, 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 Preferred believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Preferred
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 Preferred 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
Preferred 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 Preferred 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 Preferred
has no control over such sites and resources, you acknowledge
and agree that Preferred 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 Preferred
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. PREFERED'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 Preferred 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.
Preferred 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 Preferred for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PREFERRED 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.
b. PREFERRED 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.
c. 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PREFERRED 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 PREFERRED 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 PREFERRED 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. 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.
21. TRADEMARK INFORMATION
Preferred Packaging and Container, Inc, the Preferred name,
and other Preferred logos, product and service names are trademarks
of Preferred Packaging and Container, Inc. (the " Preferred
Marks"). Without Preferred 's prior permission, you agree
not to display or use in any manner, the Preferred Marks.
23. COPYRIGHTS and COPYRIGHT
AGENTS
Preferred 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 Preferred '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.
Preferred 's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Steven Weinberg, esq
Copyright Agent
c/o Preferred Packaging and Container, Inc.
2390 E Camelback Rd
Suite 250
Phoenix, AZ 85016
By phone: (602)381-7721
By email: copyright@preferredpackaging.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Preferred
and govern your use of the Service, superceding any prior
agreements between you and Preferred. 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 Preferred
shall be governed by the laws of the State of Arizona without
regard to its conflict of law provisions. You and Preferred
agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Maricopa, Arizona.
The failure of Preferred 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
Service group.
|