Terms of Service
HookBang, LLC. ("HookBang") is the owner and operator of PackRat, HookBang.com, and any linked pages or applications (the " Site") and is the provider of the services available on the Site or through social networking sites (collectively, the "HookBang Services"). The availability of any HookBang Service on a social networking site does not indicate any relationship or affiliation between HookBang and such social networking site. By using or accessing the Site and the HookBang Services, whether directly through the Site or through a social networking site, you are agreeing to be bound by the following terms and conditions ("Terms of Service"), and in return, HookBang grants you a limited, non-exclusive, personal, and non-transferable license to use and access the Site and the HookBang Services.
If you do not agree to these Terms of Service please do not access the Site or use the HookBang Services. You agree that these Terms of Service and the HookBang Services are subject to change and that HookBang may change its Terms of Service, or even cease operations altogether. Because any changes to the Terms of Service will be effective when posted, we recommend that you periodically check this Site for changes.
You must comply with all the terms of these Terms of Service in order to use the HookBang Services.
- You must be 13 years or older to use the HookBang Services.
- If you create a login and apply for an account to use the HookBang Services (a "HookBang Account"), you must provide complete and accurate registration information, and you are responsible for any activity that occurs under your username or account.
- You are responsible for keeping your account and password secure.
- You must not modify, adapt, create derivative work of, reverse engineer, hack, interfere, disrupt or attempt to gain unauthorized access to the Site or the HookBang Services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with HookBang.
- You must not use the HookBang Services to harass, threaten, abuse, intimidate, impersonate, or otherwise violate any legal rights (including rights of privacy and publicity) of others.
- You must not disseminate, store or transmit viruses, trojan horses or other malicious code or programs on or through HookBang Services.
- You must not use manual or automated scripts, robots, software, or other devices to collect information from, access, scrape, crawl, spider, or otherwise interact with the HookBang Services or Site.
- You must not create, submit, disseminate, or transmit any unwanted email ("Spam") to any of HookBang's members.
- You must not use the HookBang Services for any illegal, unauthorized or commercial purpose.
- You must not, in the use of the HookBang Services, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws). International users agree to comply with all local laws regarding online conduct and acceptable content.
Violation of any of these Terms of Service will result in the termination of your HookBang Account. While HookBang prohibits such conduct and content on its Site, you understand and agree that HookBang cannot be responsible for the content posted on its Site by members, and you nonetheless may be exposed to such materials and that you use the HookBang Services at your own risk.
Basic Conditions of Use
HookBang reserves the right to modify, alter or terminate the HookBang Services or these Terms of Service for any reason or no reason, without notice, at any time. If the alterations constitute a material change, as determined by HookBang in its sole discretion, HookBang will notify you via internet mail.
HookBang reserves the right to refuse service to anyone for any reason at any time.
HookBang may, but has no obligation to, remove content and accounts containing content that HookBang determines, in its sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Links initiated at the Site may unintentionally lead to other sites containing information that you may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws. HookBang encourages you to use discretion when using such links.
- These Terms of Services are effective as of the time you first access the Site and shall continue in full force and effect until terminated as follows:
- You may terminate your HookBang Account for any reason or no reason at any time. In the event you have registered for a HookBang Account to use the HookBang Services, once you terminate your membership, you shall have no further rights or privileges to use the HookBang Services; or
- HookBang may terminate your HookBang Account and access to or use of the HookBang Services for any reason or no reason, with or without notice, at any time.
- HookBang may change these Terms and charge a fee associated with the use of the Site and the HookBang Services.
Your Representations and Warranties
- Your HookBang Account. You agree to be solely responsible for any authorized or unauthorized access to your account by any person. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the HookBang Services.
- Your Representations and Warranties. You represent and warrant to HookBang that: (i) you are over the age of thirteen (13) have the power and authority and to comply with the terms of these Terms of Services and to perform your obligations under the terms of these Terms of Service; (ii) you will comply with all terms and conditions of these Terms of Service; and (iii) you have provided and will provide accurate and complete registration information.
- Advertisements. HookBang may run advertisements and promotions on the HookBang Services. By using the HookBang Services, you agree that HookBang has the right to run such advertisements and promotions. The manner, mode and extent of advertising by HookBang on the HookBang Services are subject to change in HookBang's sole discretion.
- Fee. At any time, HookBang may adjust these Terms to allow HookBang to charge a fee for your use of the Site and the HookBang Services. You acknowledge that HookBang retains the right to change these Terms and the right to charge a fee for your use of the Site.
Intellectual Property and Proprietary Rights
HookBang's Proprietary Rights. The entire contents of the Site (including all contents contained therein) are copyrighted as a collective work under the laws of United States and other copyright laws. HookBang holds the copyright in the collective work. The collective work includes works that are the property of the information providers which are also protected by copyright and other intellectual property laws. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site. Unless there is a written agreement between you and HookBang, you understand and agree that nothing in these Terms of Service gives you the right to use HookBang's trademarks, tradenames, service marks, logos, domain names, and any other distinctive brand features.
Third Party Rights. You acknowledge and agree that content contained in merchant sites, sponsor advertisements, or information presented to you through the HookBang Services or advertisers is protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You can notify HookBang of possible copyright infringement. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material you claim is infringing is located on the Site, reasonably sufficient to permit HookBang to locate the material;
- Your contact information, including your address, telephone number, and email;
- 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
- A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claims can be sent to Help@HookBang.com Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA").
Your Comments. By submitting ideas, comments, suggestions, documents, and/or proposals ("Comments") to HookBang through the HookBang Services, you agree to grant HookBang permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such Comments for any purpose, in any way, in any media worldwide. In order to allow HookBang to use your Comments, you acknowledge and agree that: (a) HookBang is not under any obligation of confidentiality, express or implied, with respect to such Comments; (b) HookBang may have under consideration or in development something similar to such Comments already; and (c) you are not entitled to any compensation or reimbursement of any kind from HookBang under any circumstances for such Comments.
- Billing Policies. Certain aspects of the HookBang Service are provided for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the HookBang Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://apps.facebook.com/packrat. HookBang may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
- Funding Accounts. Certain aspects of the HookBang Service allow you to purchase fictional currency ("HookBang Currency") for deposit in a fictional financial account ("Funding Account"). A Funding Account is not a bank deposit and you will not receive any interest on fictional funds in your Funding Account. You acknowledge that you do not own the account you use to access the HookBang Service, nor do you possess any rights of access or rights to data stored by or on behalf of HookBang on HookBang servers (including without limitation any data representing or embodying any or all of your Currency or other fictional property). All data on HookBang's servers are subject to deletion, alteration or transfer.
- HookBang Currency. You understand and agree that the HookBang Service presently includes a component of in-world fictional HookBang Currency which constitutes a limited license right to use a feature of our product when, as, and if allowed by HookBang. Regardless of terminology used, HookBang Currency represents a limited license right governed solely under the terms of this Agreement and available for purchase or free distribution at HookBang's discretion. HookBang Currency is not redeemable for any sum of money or monetary value from HookBang at any time. You agree that HookBang has the absolute right to manage, regulate, control, modify and/or eliminate such HookBang Currency as it sees fit in its sole discretion, in any general or specific case, and that HookBang will have no liability to you based on its exercise of such right. HookBang may charge fees for the right to use HookBang Currency, or may distribute HookBang Currency without charge, in its sole discretion.
- No Refunds. You may cancel your HookBang Account and/or Funding Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, HookBang has the right at any time for any reason or no reason to suspend or terminate your Account and/or Funding Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that HookBang suspends or terminates your HookBang Account, Funding Account, or this Agreement, you understand and agree that you shall receive no refund or exchange for any HookBang Currency, any unused time on a subscription, any license or subscription fees for any portion of the HookBang Service, any content or data associated with your HookBang Account, or for anything else. You acknowledge that HookBang has the perpetual and irrevocable right to delete any or all of your content and data (including your fictional property) from HookBang's servers and from the HookBang Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
- Service Interruptions. The HookBang Service is subject to scheduled and unscheduled service interruptions. All aspects of the HookBang Service are subject to change or elimination at HookBang's sole discretion. HookBang reserves the right to interrupt the HookBang Service with or without prior notice for any reason or no reason. You agree that HookBang will not be liable to you for any interruption of the Service, delay, or failure to perform.
- Paid Content. When using the HookBang Service, you may accumulate HookBang Currency and other fictional property related to the HookBang Service, including without limitation objects, items, scripts, equipment, or other value or status indicators that reside as data on HookBang's servers. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON HOOKBANG'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN HOOKBANG'S SOLE DISCRETION. HOOKBANG DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY SUCH DATA RESIDING ON HOOKBANG'S SERVERS.
YOU UNDERSTAND AND AGREE THAT HOOKBANG HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE IN WHOLE OR IN PART ANY CONTENT RELATED TO THE HOOKBANG SERVICE, INCLUDING WITHOUT LIMITATION DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON HOOKBANG'S SERVERS, AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
Limitations and Exclusions
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND HOOKBANG'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.
Disclaimer of Warranties.
- HOOKBANG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.
- HookBang disclaims any and all responsibility or liability for: (a) the accuracy, VALUE, content, completeness, legality, reliability, availability or operability of information or materials displayed on the Site or any of its subpages; (b) the conduct of any user of the SITE or any visitor of the Site, INCLUDING WITHOUT LIMITATION ANY INTERACTIONS OR TRANSACTIONS YOU MAY ENGAGE IN WITH ANY OTHER USER OR VISITOR; (c) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; (d) any harm resulting from downloading or accessing any information or material on the Internet through the Site or any of its subpages; AND (E) ANY TRANSACTIONS RELATING TO HookBang Currency, Funding Accounts, FICTIONAL PROPERTY, OR OTHER DATA AND CONTENT STORED ON HookBang SERVERS.
- YOUR USE OF THE HOOKBANG SERVICES AND THE SITE (INCLUDING ANY CONTENT PROVIDED ON OR THROUGH EITHER THE HOOKBANG SERVICES OR THE SITE) IS AT YOUR SOLE RISK. THE HOOKBANG SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOOKBANG MAKES NO WARRANTY THAT THE HOOKBANG SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS. SINCE THE HOOKBANG SERVICES IS IN ITS ALPHA VERSION, IT DOES CONTAIN BUGS AND IT WILL PRODUCE ERRORS.
Limitation of Liability.
- UNDER NO CIRCUMSTANCES WILL HOOKBANG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE, THE SERVICES, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, (i) YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT HOOKBANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON HOOKBANG, THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY HOOKBANG, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (i) THE CONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (ii) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR (iii) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.
The terms of the sections labeled "Basic Conditions of Use," "Intellectual Property and Proprietary Rights," "Limitations and Exclusions," "Indemnification," and "Miscellaneous" shall survive any termination or expiration of these Terms of Services.
These Terms of Services shall be governed by and construed in accordance with the laws of the State of Texas. You and HookBang agree to submit to the exclusive jurisdiction of the courts located within Travis County, Texas to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that HookBang shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. This Website is controlled and operated from within the United States. HookBang makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.
No waiver of any term, provision or condition of these Terms of Service in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if HookBang does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which HookBang has the benefit of under any applicable law), this will not be taken to be a formal waiver of HookBang's rights and that those rights or remedies will still be available to HookBang.
These Terms of Services constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and the HookBang Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site and the HookBang Services.
If any action in law or in equity is necessary to enforce the terms of these Terms of Service, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of these Terms of Services are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
No provisions of these Terms of Services are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Service; except that section labeled "Indemnification" is intended to benefit HookBang and its stockholders, officers, directors, employees, and agents.
HookBang may assign its rights and duties under these Terms of Service to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under these Terms of Service without the prior written consent of HookBang. Any assignment made in contravention of the foregoing shall be void and of no effect. The Terms of Service will be binding on your permitted successors and assigns.
You agree that HookBang may provide you with any notices, including notices required by law, by e-mail, regular mail, or postings through the Site in HookBang's sole discretion.
These Terms of Service were last updated on July 5, 2012.