MyPack Connect clients (hereinafter Clients) refer to brands, companies, associations, or any other group of professionals publishing branded content on MyPack Connect App via MyPack Connect platform.
MyPack Connect is part of Digital Packaging group of companies. Digital Packaging is registered at 27 avenue de la Division Leclerc 92310 Sèvres – France – under the registration number R.C.S. Nanterre 751 654 955.
Both MyPack Connect and User acknowledge that this Agreement is exclusively between MyPack Connect and MyPack Connect App User, and that Apple and its subsidiaries (collectively, “Apple”) and Google and its subsidiaries (collectively, “Google”) are not parties to this Agreement. Neither MyPack Connect, nor Apple nor Google are solely responsible for the branded content and personal content published and shared via MyPack Connect App.
This Agreement is conditional upon User agreement also to the Apple Site Terms of Service and the Google Site Terms of Service. Upon valid acceptance of this Agreement, User understands and accepts Apple Terms of Service and Google Terms of Service.
1. Use of MyPack Connect App
MyPack Connect App allows User to download and use the MyPack Connect image recognition application (“MyPack Connect App”) from any mobile devices and the MyPack Connect content sharing services (“MyPack Connect Services”) that MyPack Connect may make available to User via mobile devices (collectively, “Device”).
Once User download the MyPack Connect App onto User’s Device and accept this Agreement, User may use the MyPack Connect App to access and use the MyPack Connect Services.
2. Access to MyPack Connect App and license
MyPack Connect grants User a terminable, non-sublicensable, non-transferable, non-exclusive license to download, install and use the MyPack Connect App on any Device that User own or control solely for User personal use in connection with using the MyPack Connect Services ; and as permitted by the Apple Terms of Service or Google Terms of Service.
Any software upgrades provided by MyPack Connect that replace and/or supplement the original MyPack Connect App, will be govern by this Agreement, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Neither Apple nor Google has any obligation to provide User with any updates, maintenance or support services for the MyPack Connect App.
3. License restrictions and usage rules
3.1 License restrictions
User may not use the MyPack Connect App on any Device that User do not own or control, and User may not distribute or make the MyPack Connect App available over a network where it could be used by multiple devices at the same time.
User may not rent, lease, lend, sell, redistribute or sublicense the MyPack Connect App.
User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the MyPack Connect App, any updates or any part thereof.
User warrants that User will use the MyPack Connect App and the MyPack Connect Services in accordance with all applicable contracts, laws, rules and regulations applicable.
3.2 Usage rules
User acknowledges that the MyPack Connect App gathers multiple technologies that limit User usage of the MyPack Connect App to the following applicable usage rules. User agrees to use the MyPack Connect App in compliance with the applicable usage rules:
(a)User use of the MyPack Connect App is conditioned upon User prior acceptance of the terms of this Agreement;
(b)User will be able to store the MyPack Connect App on three (3) authorized devices at any time;
(c)User will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Services (as defined in the Apple Terms of Service) or used to administer the usage rules (as defined in the Apple Terms of Service);
(d)the delivery of the MyPack Connect App does not transfer to User any promotional use rights in the MyPack Connect App; and
(e)User shall be able to manually sync the MyPack Connect App from at least one authorized device to devices that have manual sync mode, provided that the MyPack Connect App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that User subsequently designate as primary using of iTunes.
4. Branded content displayed by Clients
All branded content displayed via MyPack Connect App by MyPack Connect Clients must comply with all applicable laws and regulations, including by ensuring that Clients provide all necessary disclosures to people using MyPack Connect App, such as any disclosures needed to indicate the commercial nature of content posted by Clients.
5. Branded content restrictions
MyPack Connect Clients promoting private sale of regulated goods or services including firearms, alcohol, tobacco, or adult products must restrict access to User with a minimum age of 18 (eighteen) years old. Clients that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed in specific countries with prior authorization from MyPack Connect. Clients must not promote the sale of prescription pharmaceuticals. Promoting online pharmacies may be permitted with prior approval from MyPack Connect. Branded content published by Clients must not contain false, misleading, fraudulent or deceptive claims or information.
6. User generated content and restrictions
MyPack Connect prohibits User from celebrating any crimes or controversial content that threatens or promotes any kind of violence or exploitation such as sexual exploitation of minors and sexual assault, sexual exploitation includes solicitation of sexual material, sexual services include prostitution, escort services, sexual massages and filmed sexual activity, involve violence and graphic images of public interest or concern, such as human rights abuses, animal abuses or acts of terrorism.
MyPack Connect also prohibits the use of MyPack Connect App to facilitate or organise criminal activity that causes physical harm to people, businesses or animals, or financial damage to people or businesses. MyPack Connect reserves the right to remove content, disable accounts and work with law enforcement when MyPack Connect believes that there is a genuine risk of physical harm or direct threats to public safety. MyPack Connect reserves its right to remove graphic images when they are shared for sadistic pleasure or to celebrate or glorify violence. User may respect copyrights, trademarks, intellectual property rights and other legal rights.
7. License to MyPack Connect of User generated content
By using the MyPack Connect App to view digital content hosted on MyPack Connect servers and on Partners’ servers, User are also submitting digital content to MyPack Connect servers and Partners’ servers. User agrees to grant, and thereby grants, to MyPack Connect a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use User generated content using User Device to make the MyPack Connect Services available to User and for MyPack Connect general business purposes.
User hereby acknowledges and agrees that the use of the MyPack Connect App and the MyPack Connect Services is sufficient consideration for the grant of this User generated content license to MyPack Connect. User represents, warrants and undertakes that the User generated content does not and will not infringe any rights (including copyrights, trademarks, intellectual property rights and other legal rights) of any third party and shall comply with all applicable laws.
User shall indemnify MyPack Connect and shall keep MyPack Connect indemnified from and against all losses arising out of or in connection with any claim or allegation that the User generated content infringes all applicable laws and/or the rights (including, without limitation, copyrights, trademarks, intellectual property rights and other legal rights) of any third party.
8. Collection of data
User acknowledges and agrees that the MyPack Connect Clients may collect content and information from User upon User prior acceptance of the terms of this Agreement. Clients will make it clear to User that Clients and not MyPack Connect are collecting User data. MyPack Connect Clients are responsible for securing all necessary permissions to reuse User generated content and information. Any User data Clients obtain from MyPack Connect must comply with laws, rules and regulations applicable.
If User breaches this Agreement, MyPack Connect may immediately terminate this Agreement, but all provisions of this Agreement except Section 2 (“Access to MyPack Connect App and license “) will survive termination and continue in effect. MyPack Connect may terminate this Agreement for any reason by giving User at least two (2) calendar weeks’ notice. Upon termination, User must destroy all copies of the MyPack Connect App on any Device MyPack Connect App has been installed on.
10. Modification of this Agreement
MyPack Connect may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice. If MyPack Connect modify the Agreement, MyPack Connect will post a notice on the MyPack Connect website located at www.mypackconnect.com. User must accept the new agreement before User continues to use the MyPack Connect App. If User does not wish to accept the new agreement, User may terminate this Agreement by deleting the MyPack Connect App.
11. Indemnifications and Limitation
MyPack Connect will be responsible to defend or settle any claim brought against User alleging that the MyPack Connect App or User possession and use of the MyPack Connect App breaches any third-party intellectual property rights. Neither Apple nor Google will be solely responsible for the investigation, settlement and discharge of this third-party intellectual property infringement claim. MyPack Connect will not be liable for any infringement based on modification of the MyPack Connect App by anyone other than MyPack Connect.
12. Disclaimer of Warranty.
MyPack Connect has been developing MyPack Connect App with a special attention to security standards and User comfort. MyPack Connect does not make any promises or warranties about the MyPack Connect App and in particular does not warrant that the MyPack Connect App will provide uninterrupted or error-free use and the MyPack Connect Services will be uninterrupted or error-free, and the MyPack Connect App and MyPack Connect Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. User shall be responsible for backing up User own system. In no case shall MyPack Connect be liable for any loss or damage caused by the MyPack Connect App where there is no failure of a legal duty of care owed to User by MyPack Connect. MyPack Connect reserves the right to suspend or terminate User access to the MyPack Connect App or the MyPack Connect Services, or to take any other action during the investigation of a suspected failure or as a result of a failure, of this Agreement.
13. Liability exclusions
Nothing in this Agreement excludes or limits MyPack Connect’s liability for fraud, fraudulent misrepresentation or for death or personal injury.
14. Injunctive Relief
MyPack Connect will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
15. Applicable law
This Agreement and any non-contractual obligations arising out of or in connection with MyPack Connect, MyPack Connect App or MyPack Connect Services shall be governed by and construed in accordance with French applicable law. The Parties hereby agree to submit to the exclusive jurisdiction of the French Courts in respect of all disputes arising out of or in connection with this Agreement.
MyPack Connect failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
User may not assign User rights under this Agreement to any third party. MyPack Connect may assign MyPack Connect’s rights under this Agreement by providing User with notice of such assignment. If User does not wish MyPack Connect’s rights under this Agreement to be assigned to a third party, User may terminate this Agreement by providing MyPack Connect with written notice of the same.
18. General inquiries and claims
MyPack Connect is solely responsible for addressing any inquiries, comments or claims relating to the MyPack Connect App, including but not limited to product liability claims, personal data claims and any claim that the MyPack Connect App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation.