Terms and Conditions
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR
USE OF THIS APP WHICH IS PROVIDED BY PICKME BY ACCESSING THIS APP, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS
OF USE ARE SUBJECT TO CHANGE BY PICKME AT ANY TIME IN ITS DISCRETION. YOUR USE
OF THIS APP AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
PICKME reserves the right to remove or replace any
uploaded files, and assumes no liability for lost registration links or
misplaced file URLs.
The following types of files constitute
"abuse" and may not be uploaded under any circumstances, when using
PICKME 's services:
Files that violate any law or may be considered to
violate any law.
Files that infringe on the
copyrights of any entity excluding the user.
Non-image files. This includes archived non-image
files.
Adult content and pornography.
Gore or "shock" images that are that are
intended to be offensive, disgusting and/or disturbing to viewers.
Uploading abusive files may result in the immediate
termination of the user's ability to use PICKME or any of its provided
services. The PICKME app may not load, all PICKME -hosted files may not load,
and all files related to the abusive files will be subject to deletion.
Circumventing PICKME's ability to enforce the PICKME Terms of Service will
result in prosecution.
The following are examples of the types of activity
that constitute "abuse" when using PICKME 's services:
Criminal or tortious activity, including, without
limitation, child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets.
Advertising to, or solicitation of, any Member to
buy or sell any products or services through the unauthorized or impermissible
use of the PICKME's Services. You may not transmit any chain letters or junk
email to other Members. In order to protect our Members from such advertising
or solicitation, PICKME reserves the right to restrict the number of messages
which a Member may send to other Members in any 24-hour period to a number
which PICKME deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages or other
unauthorized commercial communications of any kind through the PICKME 's
Services, you acknowledge that you will have caused substantial harm to PICKME,
but that the amount of such harm would be extremely difficult to ascertain. As
a reasonable estimation of such harm, you agree to pay PICKME $100 for each
such unsolicited email or other unauthorized commercial communication you send
through the PICKME Services.
Any automated use of the system, such as, but not
limited to, using scripts and bots to send messages or photos
Using any information obtained from the PICKME
Services in order to harass, abuse, or harm another person or entity, or
attempting to do the same
Using the PICKME Services in a manner inconsistent
with any and all Applicable Law.
To report any type of abuse, please contact us. It
may take up to 7 business days to process deletion requests.
Privacy
All private information provided by the user is
strictly confidential. PICKME reserves the right to distribute public and
aggregated demographic information provided by the user, but PICKME will never
release any personal information about the user without permission. However,
PICKME reserves the right to release user information if user has violated the
PICKME Terms of Service, if the user has committed unlawful acts, if the
information is subpoenaed, or if PICKME deems it necessary or appropriate.
Legal Policy
PICKME Terms of Service are subject to change
without notice. All files are copyrighted to their respective owners. PICKME
directs full legal responsibility of files to their respective users. All other
content copyright PICKME 2016. PICKME is not responsible for the content any
uploaded files, nor is it in affiliation with any entities that may be
represented in the uploaded files.
Limitation of Liability
User agrees that the use of PICKME 's services is
entirely at User's own risk. PICKME 's services are provided on an "as
is" basis without warranties of any kind, either expressed or implied,
constructive, or statutory, including, without limitation, any implied
warranties of merchantability, non-infringement or fitness for a particular
purpose.
PICKME makes no guarantee of availability of
service and reserves the right to change, withdraw, suspend, or discontinue any
functionality or feature of PICKME 's services. In no event shall PICKME be
liable for any damages, including, without limitation, direct, indirect,
incidental, special, consequential, or punitive damages arising out of the use
of or inability to use PICKME's services or any content thereon. This
disclaimer applies, without limitation, to any damages or injury, whether for
breach of contract, tort, or otherwise, caused by any failure of performance;
error; omission; interruption; deletion; defect; delay in operation or
transmission; computer virus; file corruption; communication-line failure;
network or system outage; or theft, destruction, unauthorized access to,
alteration of, or use of any record.
Notification of Claims of Infringement
If you believe that your work has been copied in a
way that constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, please provide the following information
to our agent, reachable by emailing info.publicartexpert@gmail.com:
Identification of the material that you claim is
infringing, with enough detail that we can locate it in the app.
A statement that you have a good
faith belief that the material's use is not authorized by the copyright owner,
its agent, or the law.
A statement declaring under penalty of perjury that
(a) the above information in your notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to act on
behalf of that owner.
Your address, telephone number, and email address
Your physical or electronic
signature.
Indemnity
User agrees to indemnify and hold PICKME harmless
from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use,
or deletion of User's Files or use of any other feature or service. This
expressly includes:
User's responsibility for any and
all liability arising from the violation or infringement of proprietary rights
or copyrights.
Any defamatory or unlawful material contained
within User's Files.
Waiver
These Terms of Use will be governed and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware, in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Delaware, . If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this app will govern the items to which they pertain.
Full member with full access subscription:
- 1 month - 39.99$, 3 month - 19.99$/month, 6 month -13.99$/month, 12 month - 8.99$/month
- Payment will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
- No cancellation of the current subscription is allowed during active subscription period
- http://braincake.net/pickme_privacy.html
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription of the Full Membership.