PICKFU TERMS OF USE Last Updated: March 2013

THIS AGREEMENT GOVERNS YOUR USE OF THE PICKFU WEBSITE.

This Web site is owned and operated by Two-Bit Operation LLC (“PickFu”). Access and use of this Web site is provided by PickFu to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

PickFu may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents (the "Content") are intended for customers of PickFu. You may not use this Web site or the Content for any purpose not related to your business with PickFu. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with PickFu; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PickFu product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of PickFu and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

As between PickFu and you, PickFu and its affiliates and licensors own and retain all rights in the Materials, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by PickFu and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of PickFu’s proprietary information. PickFu trademarks and service marks and other PickFu logos and product and service names are trademarks of PickFu (the “PickFu Marks”). Without PickFu’s prior permission, you agree not to display or use in any manner the PickFu Marks. Moreover any attempt to use any “spider”, “robot”, “bot”, “scraper” “data miner” or any program, device, algorithm, process or methodology to access, acquire, copy or monitor the Web Site or pages, data or content found on the Web Site for the purpose of scraping the Web Site or Materials without the prior consent of PickFu is expressly prohibited.

Unless you have entered into a separate agreement with PickFu any other use of these Materials without PickFu’s written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content (your “Content”) you submit, post or display on or through the Web site, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content (text, video or content in any form) on or through the Web site, you grant PickFu a worldwide, perpetual, non-exclusive, irrevocable, transferable, assignable, royalty-free license (with the right to sublicense) to create derivatives of and to use, store, edit, copy, reproduce, display, archive, reproduce , reprint, process, modify, such Content on the Web site for the purpose of displaying, distributing and promoting the our services or any other format or channel. You represent that you have all necessary licenses, rights, consents and permission to provide your Content and to grant the foregoing licenses.

You agree that this license includes the right for PickFu to make such Content available to other companies, organizations or individuals who partner with PickFu for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by PickFu, or other companies, organizations or individuals who partner with PickFu, may be made with no compensation paid to you with respect to Content that you submit, post, transmit or otherwise make available to us.

You are responsible for your use of our services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. PickFu will not be responsible or liable for any use of your Content by PickFu in accordance with this Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Privacy

PickFu is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Policy for further details.

Currency of Web site

PickFu updates the information on this Web site regularly. However, PickFu cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. PickFu may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that PickFu monitors or endorses these Web sites. PickFu does not accept any responsibility for such Web sites. PickFu shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Purchase Credits

Purchase credits can be purchased by registered members from the Pricing page on the Site. Credits can be purchased online with VISA, MasterCard, AMEX or Discover Card.

The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize PickFu to charge the designated credit card for the total amount of the purchase.

PickFu may store your credit card information to bill subscribers on a periodic basis, and you may elect to have PickFu store your credit card information for ease of checkout. PickFu shall safeguard such information in accordance with commercially accepted standards.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to PickFu, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify PickFu immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to PickFu.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other PickFu member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Managing Content

PickFu does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, PickFu reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded using your account. PickFu shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by PickFu to determine Accepted Content is done as a courtesy only.

PickFu respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PickFu with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of PickFu and its licensors, and you agree that during the term of this Membership Agreement and thereafter you shall not, without the express written consent of PickFu, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Membership Agreement or as required by applicable law.

For the purposes of this Membership Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of PickFu, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

Term and Termination

These Terms of Use are effective for so long as you access any of PickFu’s Sites, however, you may terminate your membership with PickFu at any time by emailing info@pickfu.com or by such other means of written notice acceptable to PickFu which enables confirmation of your identity and your intention to terminate such membership. PickFu reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. PickFu may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

PickFu may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by PickFu.

Termination of your membership with PickFu does not relieve you of your responsibilities to pay any amounts due to PickFu under this Terms of Use or any other agreement entered into by and between you and PickFu. Termination of your membership shall operate without prejudice to the PickFu’s rights, defenses and limitations of liability provided under this Terms of Use (or any other agreement between the parties), which rights, defenses and limitations of liability shall survive termination of your membership.

Upon termination of your access to the membership portions of the Site, you agree to forfeit all purchase credits remaining in your account.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

PickFu shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. PickFu recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided "As Is"

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PICKFU DOES NOT REPRESENT OR WARRANT THAT: (i) THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;(ii) THAT THE USE OF THIS WEB SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE OR THE MATERIALS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE WEB SITE, MATERIALS, OR SOFTWARE WILL BE CORRECTED.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL PICKFU OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold PickFu, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damages, expenses, and costs (including reasonable attorneys’ fees) arising from (i) any claim or demand made by any third party due to or arising out of your access to the Web Site, use of the Materials, your Content or violation of the Terms of Use, (ii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or (iii) any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement

PickFu respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PickFu with a written communication including substantially the following information:

1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2 description of the copyrighted work or other intellectual property that you claim has been infringed;

3 a description of where the material that you claim is infringing is located on the Web site;

4 your address, telephone number, and email address;

5 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;

6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your letter to our CEO, as follows:

PickFu ℅ Two-Bit Operation LLC

548 Market St. #68790

San Francisco, CA 94104

Email

Feel free to email PickFu at info@pickfu.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. PickFu is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

● PickFu has no obligation concerning such information;

● the information is non-confidential;

● PickFu may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and

● the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This Web site is controlled, operated and administered by PickFu from within the state of California, United States of America. This Web site can be accessed from all states and jurisdictions within the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the the state of California, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the state of California and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the state of California and acknowledge that you do so voluntarily.

General

PickFu’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact PickFu at info@pickfu.com.

© 2016 Two-Bit Operation LLC. All rights reserved. Terms of Use.

Loading