TERMS OF USE

 

Paca, LLC (“Paca,” “we,” “us,” or “our”) welcomes you.  We’re really excited that you have decided to access and use the Paca website (the “Website”) and/or our mobile app (the “App,” and collectively with the Website, the “Services”).  

 

We provide our Services to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then please do not use the Services.  

 

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

 

1.        AGE RESTRICTION

 

The Services are only available for individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

 

2.        DESCRIPTION OF SERVICES

 

We provide visitors to the Website (“Visitors”) and registered users of the Services (“Users”) with access to the Services as described in this Agreement.

 

Visitors.  Visitors, as the term implies, are people who want to look around and see what the Website is all about.  Visitors can (a) view all publicly-accessible content, and (b) e-mail us.

       

Users.  Login is required for all Users.  Users can do all the things that Visitors can do, and may: (i) participate in our promotional programs; (ii) sign up for alerts and other notifications; and (iii) edit, save, and share their videos (“User Content”) on third-party platforms such as Facebook, YouTube, and Vine.  

 

We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion.  

 

3.        COMMUNITY GUIDELINES

 

Our community, like any community, functions best when its users follow a few simple rules.  By accessing and/or using the Services, you hereby agree to comply with these community guidelines the (“Guidelines”) and that:  

 

 

 

 

 

 

 

 

 

 

 

 

 

Please let us know about inappropriate behavior.  If you find something that violates our Guidelines, please flag it through the functionality on the Services, and we’ll review it.  We reserve the right, in our sole and absolute discretion, to deny you access to the Services (or any portion of them) and/or to remove any User Content without notice.

 

4.        SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

 

If a User does not log in to the Services using a third-party login provider (e.g., Facebook, YouTube, or Vine), such User will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating the User’s identity when he or she logs-in in the future (“Unique Identifiers”).  When creating the account, Users must provide true, accurate, current, and complete information.  Users are solely responsible for the confidentiality and use of their Sign-In Names, Passwords, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services.  A User will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.  We reserve the right to delete or change Users’ Passwords, Sign-In Names, or Unique Identifiers at any time and for any reason.  Paca will not be liable for any loss or damage caused by any unauthorized use of Users’ accounts.

 

5.        INTELLECTUAL PROPERTY

The Services contain material, such as software, text, graphics, images, User Content from other users, and other material provided by or on behalf of Paca (collectively, the “Content”).  The Content presented to you as part of the Services, including, but not limited to, advertisements, may be owned by us or by third parties and is protected by intellectual property rights under both United States and foreign laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  The trademarks, service marks, and logos of Paca (the “Paca Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Paca.  Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Paca Trademarks, the “Trademarks”).  Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  All goodwill generated from the use of the Paca Trademarks inures to our benefit.

 

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors  

 

6.        COMMUNICATIONS WITH US

 

Although we encourage you to communicate with us, we do not want you to, and you should not, provide us any content that contains confidential information.  With respect to all e-mails or other communications you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, improving the Services and the development, production, and marketing of products and services that incorporate such information, without compensation to you.  

 

7.        USER CONTENT; PUBLICITY

 

As noted above, the Services provide Users the ability to share User Content.  You expressly acknowledge and agree that once you share your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available.  YOU, AND NOT PACA, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU SHARE VIA THE SERVICES.

 

You retain all copyrights and other intellectual property rights in and to your own User Content.  You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to: (i) modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use any and all of your User Content, your Sign-In Name, your profile picture, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised on, through, or in connection with the Services; and (ii) use your name, Sign-In Name, and profile picture to advertise, market, and promote Paca and the Services by any means, methods, media, or technology now known or hereafter devised.  

 

If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section (including the permissions of anyone depicted in your User Content and the appropriate music licenses), and that it and its use by Paca and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, moral rights, privacy rights, or publicity rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Guidelines.

 

8.        NO WARRANTIES/LIMITATION OF LIABILITY

 

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  PACA SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK.  WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

 

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

9.        EXTERNAL SITES

 

The Services may contain links to third-party websites or may otherwise allow you to gain access to third-party websites (“External Sites”).  These links and/or access to such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

 

10.        INDEMNIFICATION  

 

You agree to defend, indemnify, and hold the Paca Parties harmless from and against any claims, actions, suits, proceedings, or demands (collectively, “Claims”), including, without limitation, reasonable legal and accounting fees, arising or resulting from your User Content, your breach of this Agreement, and/or your access to, use, or misuse of the Services.  We shall provide notice to you of any such Claim and shall assist you, at your expense, in defending any such Claim.  We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

11.        COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States.  We make no claims concerning whether the Services or the Content may be used or are appropriate for use outside of the United States.  If you access the Services from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

12.          TERMINATION OF THE AGREEMENT

 

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.      

 

13.        DIGITAL MILLENNIUM COPYRIGHT ACT

 

Paca respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.  

 

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

 

Paca, LLC

Attention: DMCA

31927 Albany Street

Hayward, CA 94544

videoshopprivacy@gmail.com

 

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

14.        COMMUNICATIONS DECENCY ACT NOTICE


Paca is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any User Content is limited as described therein. We are not responsible for any User Content.  We neither warrant the accuracy of the User Content or exercise any editorial control over User Content, nor do we assume any legal obligation for editorial control of User Content or liability in connection with User Content, including any responsibility or liability for investigating or verifying the accuracy of any User Content.  

 

15.        MISCELLANEOUS  

 

This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of law provisions.  You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in San Francisco, California; and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over Paca, either specific or general, in jurisdictions other than California.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect:  “Intellectual Property,” “Communications with Us,” “User Content; Publicity,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”  

 

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  This Agreement, including Schedule A, constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  We may change this Agreement from time to time, and will post any changes on the Services as soon as they go into effect.  By accessing or using the Services after we make any such changes to this Agreement, you are deemed to have accepted such changes.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  

 

 

Copyright 2014 Paca, LLC.  All rights reserved.  

 

Schedule A - Paca’s Acceptable Use Policy (“AUP”)

Paca has developed this AUP, which supplements and explains certain terms in the Agreement and is intended as a guide to your rights and obligations when utilizing the Services.  This AUP will be revised from time to time, without any obligation to notify you of the same.  Your use of the Services after changes to this AUP are posted on the Services shall constitute your acceptance of any new or additional terms.

When you disseminate materials through via the Services, you must keep in mind that Paca does not review, edit, censor, or take responsibility for any materials you may create.  When you place materials on the Internet, you have the same liability as other authors for copyright infringement, defamation, and other harmful speech.  Also, because the materials you create may reach a large number of people, your postings may affect other subscribers and may harm our goodwill, business reputation, and operations.  For these reasons, you violate this AUP and the Agreement when you engage in or facilitate the following prohibited activities:

1.        Intellectual Property Violations.  Using the Services to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, patents, or privacy or publicity rights held by individuals, corporations, or other entities.  We are required by law to remove or block access to User Content upon receipt of a proper notice of copyright infringement.  It is also our policy to terminate the privileges of Users who violate copyright laws.

2.        Objectionable Content.  Using the Services to view, advertise, transmit, store, post, display, or otherwise make available Objectionable Content, which for purposes herein means content containing:

3.        Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities.  Using the Services to distribute information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks.  

4.        Other Activities.  Using the Services to engage in activities, whether lawful or unlawful, that Paca determines to be harmful to our Visitors, Users, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with you.  We typically do not monitor the activities of our Users to ensure that they comply with the Agreement, this AUP, or applicable law.  However, if we become aware of harmful activities, we may take any action to stop the harmful activity, including, but not limited to, removing User Content, implementing screening software designed to block offending transmissions, denying you access to the Services, terminating your account, or taking any other action that we deem appropriate.

We are also concerned with the privacy of on-line communications and websites.  In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised.  As a matter of prudence, however, we urge you to assume that all of your on-line communications are insecure.  We cannot take any responsibility for the security of information transmitted over our networks, equipment, or facilities.

We hope this AUP is helpful in clarifying your obligations as responsible members of the Internet.  Any complaints about a User’s violation of this AUP should be sent to videoshopprivacy@gmail.com.