Terms and Conditions

The legal shenanigans you're agreeing to by using Packuro

Terms of Service


These Terms govern your access to and use of Packuro, Packuro.com, ImageBreaker, as well as all content, products and services available at or though these websites or apps (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Packuro / Caleb Nachtigall (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.


Who’s Who


Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Caleb Nachtigall and Packuro. We refer to these as “Packuro” or “we” throughout these Terms.


Minimum Age Requirements


Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).


Responsibility of Visitors and Users


We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

We also have not reviewed, and cannot review, any of the material made available inside Packs or through the websites and web pages that are linked from inside a Pack. For example:


General Representation and Warranty


You represent and warrant that your use of our Services:


Copyright Infringement and DMCA Policy


As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material available through Packuro.com or any of its affiliated websites violates your copyright, please notify us in accordance with Packuro’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.


Intellectual Property


The Agreement does not transfer from Packuro to you any Packuro or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Packuro. Packuro, Packuro.com, the Packuro logo, and all other trademarks, service marks, graphics, and logos used in connection with Packuro, Packuro.com or any of our Services, are trademarks or registered trademarks of Packuro or Packuro's licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Packuro or third party trademarks unless expressly granted in writing.


Changes


We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Packuro, or by the posting by Packuro of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.


Termination


Although Packuro is free to be used without login and we can't remove the software or any content from your computer, we may terminate your access to all or any part of our connected Services (auto updates, community sites, etc) at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any online content that, in our reasonable opinion, violates any Packuro policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, or terminate your access, if we believe your installation's bandwidth usage is out of hand and/or burdens our systems (which is extremely rare and typically only occurs when a computer has gone rogue), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


Disclaimer of Warranties


Our Services are provided “as is.” Packuro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Packuro, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. You also understand that the sofware may encounter issues at some point in the future, and any risk of data loss occuring from the use of Packuro is a risk you've accepted. Back up your stuff early and often.


Jurisdiction and Applicable Law.


Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Nebraska, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in the state of Nebraska.


Arbitration Agreement


Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance wit the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Omaha, Nebraska, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.


Limitation of Liability


In no event will Packuro, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Packuro under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Packuro shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.


Indemnification


You agree to indemnify and hold harmless Packuro, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any activities conducted through your or another user’s install of Packuro or use of Packuro.com.


Translation


These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.


Miscellaneous


The Agreement constitutes the entire agreement between PAckuro and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining ortions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Packuro may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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