General Terms of Service
Article 1 – General – Definition.
PackshotLive offers You a hosting and distribution Service for business uses on the following terms. By using the Service in any way, You are agreeing to comply with these terms, which we may update without notice so we encourage You to check for changes regularly.
You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.PackshotLive.com.
You (the "User"), by using, accessing, or attempting to interact with PackshotLive Service and websites, or any of their licensees Service or software (collectively "Service"), agree to be bound and abide by the terms and conditions of this Agreement with PackshotLive.
Article 2 – Overview.
Approval:
You agree that the Service, which includes all documentation, both electronic and printed media, contain copyrighted material, trade secrets and other proprietary intellectual property. The Service is the exclusive property of the provider. It is protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree to only use the Service if You are a person over 18 years of age.
You agree to not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Service. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Service, in whole or in part.
You agree that violations by You, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted, possibly to the fullest extent of the law in the ad hoc jurisdiction.
You agree to not store more than the maximum number of images defined by the contract You applied for.
The Service are offered on an "as is" basis and used by You solely at Your own risk. All specific information provided by You in connection with Service shall be used to provide Service and features to You and to maintain the associated websites.
Article 3 – Acceptable Use.
PackshotLive does not allow any of the following content to be published or to transit on the Service (a) Content of a pornographic, sexually explicit, or violent nature,.(b) content of an illegal nature (including stolen copyrighted material), (c) content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
If notified that You store on PackshotLive servers or publish any of the above content on their sites, You will be notified using Your user current email address of this infringement to those conditions and will have to remove all expected content. If no corrective actions are taken, PackshotLive will one-sidedly remove the infringing content and may suspend the Service until a resolution is met. A repeated violation of this Policy may cause cancellation of Service without refund of any fees.
In addition, You must exercise caution when hosting pictures requiring large bandwidth (e.g. : animations requiring several dozens of pictures) so that the content is not displayed, for instance, on a homepage collecting large audience peaks.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of PackshotLive.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
Article 4 – Fees / Payment / Refund Policy
Fees:
If You subscribed to an Online PackshotLive plan, You agree to a twelve month contract agreement with PackshotLive.
If You subscribed to a Custom PackshotLive plan, You agree to a contract duration defined with a PackshotLive interlocutor.
If You subscribed to a License PackshotLive plan, You agree to a 12, 24, 36 month contract agreement with PackshotLive.
You can opt to upgrade Your Service agreement to any other contract agreement that PackshotLive is currently offering for sale at any time during your user contract term.
Payment Schedule:
According to the contract applied for, the payment can be done monthly, quarterly or yearly.
PackshotLive plans are paid by debit. For online payment, transaction is handled by a trustful third part partner.
Chargeback / Refund Policy:
PackshotLive will not, under any circumstances, issue cash refunds for early contract cancellation. All PackshotLive accounts begin with an obligation-free trial of at least for 7 (seven) days. During this period, no charges will be applied. At the end of the free trial, Your subscription and billing will start automatically. If You don’t want to go on with PackshotLive, You can express it by email or a phone call 3 days prior to the end of Your free-trial.
For Licence customer, contract cancellation leads to cancellation charges.
PackshotLive has a zero tolerance policy for charge backs. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
If You store more images than the maximum amount of images defined by the contract You applied for, PackshotLive will charge the difference between the number of the images stored and the maximum amount of images and You agree to pay this charge.
Article 5 – Termination.
PackshotLive may terminate Service at any time, without penalty and without notice, if You fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Service. PackshotLive may also seek legal prosecution of any violations of law or this Agreement and You agree to personal jurisdiction by the Courts of the French Republic.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via Your website Control Center or via PackshotLive’s support addresses at least one 1 month prior to the end of the contract term.
Upon notice of termination of Service by PackshotLive to You via contact e-mail to Your user Service account and contact e-mail account provided in the Your user personal information, or voluntary termination of Service by You, PackshotLive has the right to delete all data, files or other information that is stored in the User's account for any reason.
Article 6 – Temporary Use License Granted.
Only for the duration of being logged into the User's valid PackshotLive account, You are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Service only on the single computer that temporarily accesses the Service directly from the PackshotLive website.
A valid PackshotLive account may only be created and maintained by You who fully provide valid personal information about You in the signup process. You must regularly update Your account information to assure its accuracy, and You must always comply with the terms of this Agreement.
You are not granted a license or any other right to store any of the Service (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Article 7 – Material and Products.
PackshotLive and its Partners provide Service on an "as is" basis.
PackshotLive shall make no effort to validate any information provided by You for use with Service for content, correctness or usability.
Use of PackshotLive Service requires a certain level of knowledge in the use of the Internet and the World Wide Web.
It is not the responsibility of PackshotLive to provide free support in the use and operation of PackshotLive.
Only Service and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by PackshotLive and its partners are provided for a fee and You are liable for such fees.
You may not rent or lease or provide the Service (including any software or documentation used by or with the Service) to third parties.
You may not decompile, disassemble, reverse engineer, copy any part of the PackhotLive technology and offer.
You may not create a derivative work or display the Software code in human readable form, or otherwise use the Service (which includes its software and documentation) except as explicitly provided for in this agreement.
You may not store, publish, or give the Service (including software and documentation) to others, or otherwise enable its use by others.
Article 8 – PackshotLive Etiquette and Privacy.
You shall not attempt to undermine the security or integrity of computing systems or networks of PackshotLive and its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
All user-specific information provided by users in connection with Service shall be governed by the PackshotLive Privacy Policy in accordance with the law “ Informatique et Liberté du 6 janvier 1987” (www.cnil.com). You understand and accept its terms and conditions.
PackshotLive reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within Your website on the PackshotLive system.
Article 9 – Age and Nature of the Use
You certify that You are a person at least 18 years of age.
You certify that You use Packhsotlive for business activities.
The Service may not be used by any automated device or automated computational machine.
The Service may only be used or accessed through an electronic device under Your manual control at all times.
Article 10 – Lawful Purpose.
Service provided to or used by You may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by You in violation of French regulation is prohibited.
This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
You are prohibited from using PackshotLive Service for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which PackshotLive deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, racist content and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the PackshotLive management.
You agree to indemnify and hold harmless and defend PackshotLive from any claims resulting from Your use or Your Service Users allowed use by others of the Service which damages either PackshotLive, its officers, its employees, its directors, its partners, or another party or parties.
Article 11 – Limited Liability.
You shall defend, indemnify, save and hold PackshotLive (including its agents, clients, servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any Service provided or performed or agreed to be performed or any product used or sold by or to the User, its agents, employees or assigns.
You shall defend, indemnify and hold harmless PackshotLive (including, agents, clients, servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by You or any person whom the User allows to access the Service.
Under no circumstances, including negligence, shall PackshotLive (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing PackshotLive Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the PackshotLive Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to PackshotLive records, programs or Service. This paragraph shall apply to all content and functionality of PackshotLive Service.
Notwithstanding the above, the User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate euro amount which the User paid directly to PackshotLive during the current three-month period.
Such limitations shall apply to PackshotLive total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of, destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Article 12 – Trademarks and Copyrights.
You warrant that You have the right to use any trademarks, processes, or other materials it uses with the Service.
You warrant that its content does not infringe any third party copyrights or patents.
Article 13 – Service Reliability and Warranties.
PackshotLive makes no warranties or representations of any kind, whether expressed or implied for the Service.
Your use of PackshotLive Service is at Your sole risk. Neither PackshotLive, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that PackshotLive Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information Service or merchandise contained in or provided through the PackshotLive Service.
PackshotLive also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries, Service interruptions due to maintenance, upgrade or repair and any cause or errors or omissions of the Client. Use of any information obtained by way of PackshotLive is at the User's own risk, and PackshotLive specifically denies any responsibility for the accuracy or quality of information obtained through its Service.
Article 14 – Contract Revisions and Applicable Legal Jurisdiction
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Service in any way.
PackshotLive reserves all rights for changes and/or modifications to the Service and rates and will communicate these changes to the subscriber within 30 days of their effect. This Agreement constitutes the entire understanding of the parties.
This Agreement shall be governed and construed in accordance with the laws of the French Republic.
Each party to this Agreement submits to the exclusive jurisdiction of the Paris Court, and waives any jurisdictional, venue, or inconvenient forum objections to such court.
Article 1 – General – Definition.
PackshotLive offers You a hosting and distribution Service for business uses on the following terms. By using the Service in any way, You are agreeing to comply with these terms, which we may update without notice so we encourage You to check for changes regularly.
You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.PackshotLive.com.
You (the "User"), by using, accessing, or attempting to interact with PackshotLive Service and websites, or any of their licensees Service or software (collectively "Service"), agree to be bound and abide by the terms and conditions of this Agreement with PackshotLive.
Article 2 – Overview.
Approval:
You agree that the Service, which includes all documentation, both electronic and printed media, contain copyrighted material, trade secrets and other proprietary intellectual property. The Service is the exclusive property of the provider. It is protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree to only use the Service if You are a person over 18 years of age.
You agree to not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Service. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Service, in whole or in part.
You agree that violations by You, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted, possibly to the fullest extent of the law in the ad hoc jurisdiction.
You agree to not store more than the maximum number of images defined by the contract You applied for.
The Service are offered on an "as is" basis and used by You solely at Your own risk. All specific information provided by You in connection with Service shall be used to provide Service and features to You and to maintain the associated websites.
Article 3 – Acceptable Use.
PackshotLive does not allow any of the following content to be published or to transit on the Service (a) Content of a pornographic, sexually explicit, or violent nature,.(b) content of an illegal nature (including stolen copyrighted material), (c) content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
If notified that You store on PackshotLive servers or publish any of the above content on their sites, You will be notified using Your user current email address of this infringement to those conditions and will have to remove all expected content. If no corrective actions are taken, PackshotLive will one-sidedly remove the infringing content and may suspend the Service until a resolution is met. A repeated violation of this Policy may cause cancellation of Service without refund of any fees.
In addition, You must exercise caution when hosting pictures requiring large bandwidth (e.g. : animations requiring several dozens of pictures) so that the content is not displayed, for instance, on a homepage collecting large audience peaks.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of PackshotLive.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
Article 4 – Fees / Payment / Refund Policy
Fees:
If You subscribed to an Online PackshotLive plan, You agree to a twelve month contract agreement with PackshotLive.
If You subscribed to a Custom PackshotLive plan, You agree to a contract duration defined with a PackshotLive interlocutor.
If You subscribed to a License PackshotLive plan, You agree to a 12, 24, 36 month contract agreement with PackshotLive.
You can opt to upgrade Your Service agreement to any other contract agreement that PackshotLive is currently offering for sale at any time during your user contract term.
Payment Schedule:
According to the contract applied for, the payment can be done monthly, quarterly or yearly.
PackshotLive plans are paid by debit. For online payment, transaction is handled by a trustful third part partner.
Chargeback / Refund Policy:
PackshotLive will not, under any circumstances, issue cash refunds for early contract cancellation. All PackshotLive accounts begin with an obligation-free trial of at least for 7 (seven) days. During this period, no charges will be applied. At the end of the free trial, Your subscription and billing will start automatically. If You don’t want to go on with PackshotLive, You can express it by email or a phone call 3 days prior to the end of Your free-trial.
For Licence customer, contract cancellation leads to cancellation charges.
PackshotLive has a zero tolerance policy for charge backs. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
If You store more images than the maximum amount of images defined by the contract You applied for, PackshotLive will charge the difference between the number of the images stored and the maximum amount of images and You agree to pay this charge.
Article 5 – Termination.
PackshotLive may terminate Service at any time, without penalty and without notice, if You fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Service. PackshotLive may also seek legal prosecution of any violations of law or this Agreement and You agree to personal jurisdiction by the Courts of the French Republic.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via Your website Control Center or via PackshotLive’s support addresses at least one 1 month prior to the end of the contract term.
Upon notice of termination of Service by PackshotLive to You via contact e-mail to Your user Service account and contact e-mail account provided in the Your user personal information, or voluntary termination of Service by You, PackshotLive has the right to delete all data, files or other information that is stored in the User's account for any reason.
Article 6 – Temporary Use License Granted.
Only for the duration of being logged into the User's valid PackshotLive account, You are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Service only on the single computer that temporarily accesses the Service directly from the PackshotLive website.
A valid PackshotLive account may only be created and maintained by You who fully provide valid personal information about You in the signup process. You must regularly update Your account information to assure its accuracy, and You must always comply with the terms of this Agreement.
You are not granted a license or any other right to store any of the Service (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Article 7 – Material and Products.
PackshotLive and its Partners provide Service on an "as is" basis.
PackshotLive shall make no effort to validate any information provided by You for use with Service for content, correctness or usability.
Use of PackshotLive Service requires a certain level of knowledge in the use of the Internet and the World Wide Web.
It is not the responsibility of PackshotLive to provide free support in the use and operation of PackshotLive.
Only Service and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by PackshotLive and its partners are provided for a fee and You are liable for such fees.
You may not rent or lease or provide the Service (including any software or documentation used by or with the Service) to third parties.
You may not decompile, disassemble, reverse engineer, copy any part of the PackhotLive technology and offer.
You may not create a derivative work or display the Software code in human readable form, or otherwise use the Service (which includes its software and documentation) except as explicitly provided for in this agreement.
You may not store, publish, or give the Service (including software and documentation) to others, or otherwise enable its use by others.
Article 8 – PackshotLive Etiquette and Privacy.
You shall not attempt to undermine the security or integrity of computing systems or networks of PackshotLive and its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
All user-specific information provided by users in connection with Service shall be governed by the PackshotLive Privacy Policy in accordance with the law “ Informatique et Liberté du 6 janvier 1987” (www.cnil.com). You understand and accept its terms and conditions.
PackshotLive reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within Your website on the PackshotLive system.
Article 9 – Age and Nature of the Use
You certify that You are a person at least 18 years of age.
You certify that You use Packhsotlive for business activities.
The Service may not be used by any automated device or automated computational machine.
The Service may only be used or accessed through an electronic device under Your manual control at all times.
Article 10 – Lawful Purpose.
Service provided to or used by You may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by You in violation of French regulation is prohibited.
This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
You are prohibited from using PackshotLive Service for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which PackshotLive deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, racist content and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the PackshotLive management.
You agree to indemnify and hold harmless and defend PackshotLive from any claims resulting from Your use or Your Service Users allowed use by others of the Service which damages either PackshotLive, its officers, its employees, its directors, its partners, or another party or parties.
Article 11 – Limited Liability.
You shall defend, indemnify, save and hold PackshotLive (including its agents, clients, servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any Service provided or performed or agreed to be performed or any product used or sold by or to the User, its agents, employees or assigns.
You shall defend, indemnify and hold harmless PackshotLive (including, agents, clients, servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by You or any person whom the User allows to access the Service.
Under no circumstances, including negligence, shall PackshotLive (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing PackshotLive Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the PackshotLive Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to PackshotLive records, programs or Service. This paragraph shall apply to all content and functionality of PackshotLive Service.
Notwithstanding the above, the User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate euro amount which the User paid directly to PackshotLive during the current three-month period.
Such limitations shall apply to PackshotLive total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of, destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Article 12 – Trademarks and Copyrights.
You warrant that You have the right to use any trademarks, processes, or other materials it uses with the Service.
You warrant that its content does not infringe any third party copyrights or patents.
Article 13 – Service Reliability and Warranties.
PackshotLive makes no warranties or representations of any kind, whether expressed or implied for the Service.
Your use of PackshotLive Service is at Your sole risk. Neither PackshotLive, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that PackshotLive Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information Service or merchandise contained in or provided through the PackshotLive Service.
PackshotLive also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries, Service interruptions due to maintenance, upgrade or repair and any cause or errors or omissions of the Client. Use of any information obtained by way of PackshotLive is at the User's own risk, and PackshotLive specifically denies any responsibility for the accuracy or quality of information obtained through its Service.
Article 14 – Contract Revisions and Applicable Legal Jurisdiction
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Service in any way.
PackshotLive reserves all rights for changes and/or modifications to the Service and rates and will communicate these changes to the subscriber within 30 days of their effect. This Agreement constitutes the entire understanding of the parties.
This Agreement shall be governed and construed in accordance with the laws of the French Republic.
Each party to this Agreement submits to the exclusive jurisdiction of the Paris Court, and waives any jurisdictional, venue, or inconvenient forum objections to such court.