Terms of ServicePick-Pack ("we" or "us") is a company registered in Italy. Pick-Pack is an online service provider that provides a set of services and technology applications, collectively known as “Pick-Pack” (“the Pick-Pack App”), which enables users to upload content (text, photos, videos, audio files, pdf documents) to an online account, optionally share this content with family and friends and to interact with each other via the Pick-Pack App social network. These Terms of Service contain general terms that apply to all users of Pick-Pack, whether they join or browse the service. When using the Pick-Pack App, you will also be subject to the Pick-Pack App Privacy and Data Policy and additional posted guidelines, policies or rules applicable to specific services and features on the Pick-Pack App, which may be posted by us from time to time. All of these Guidelines are part of this Agreement and are hereby incorporated by reference. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using the Pick-Pack App as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity. By registering with us or using or browsing the Pick-Pack App, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the service at any time.
DEFINITIONS"Content" means (i) any work of authorship in a Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, albums and other content added to or submitted with any of the foregoing, or any other materials posted on or transmitted through the Pick-Pack App. "Your Content" is any Content that you submit to the Pick-Pack App. "Members" are users who have registered with Pick-Pack. "Pick-Pack Technology" means the past, present and future content of the Pick-Pack App, including all software in any format, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Pick-Pack App and all other tangible or intangible materials related to, displayed, performed or distributed on the Pick-Pack App site. "Users" are all end users of the Pick-Pack App, including Members, Third Party Application Developers, and any unregistered users or browsers.
YOUR CONTENTYou own all of Your Content, and other information that you upload to the Pick-Pack App. We do not claim any ownership rights in Your Content. After posting Your Content, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the Pick-Pack App must comply with the terms of this Agreement. At any point, you can remove Your Content from Pick-Pack and cancel your account and we do not retain any license rights. You hereby grant Pick-Pack, during the course of your usage of the Pick-Pack App, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the sole purpose of operating and making Your Content and Network Data available on the Pick-Pack App and in all current and future media in which the Pick-Pack App may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; and (ii) disclose any such metrics and analytics regarding Your Content and Network Data for marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. This license will terminate at the time you remove Your Content from the Pick-Pack App. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others). You hereby agree that if Your Content is removed from the Pick-Pack App due to a violation of these Terms of Service, Pick-Pack shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government law enforcement agencies or otherwise as required by law and to protect the rights, property or safety of Pick-Pack, any User or individual, or the general public. You are solely responsible for Your Content. You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data. You understand that whether or not Your Content is published or marked private by you, Pick-Pack does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data. Additionally, you understand and agree that Your Content and Network Data that is displayed on the Pick-Pack App may continue to appear on the Pick-Pack App, even after you have terminated your account, as portions of Your Content may have been incorporated into the profiles of other members, RSS feeds or other features. In addition to the rights, licenses and privileges referred to above, you agree that Pick-Pack may use and refer to your Content (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Pick-Pack App, and any products, goods, features, capabilities and/or services associated with the Pick-Pack App. If a Member account is removed from the Pick-Pack App, the Content associated with that Network may also be deleted at the discretion of Pick-Pack. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to the Pick-Pack App. You should be aware that Pick-Pack may not keep back-up copies of Content on the Pick-Pack App once the Content is deleted. Additionally, Pick-Pack makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Pick-Pack App and you should independently back-up and archive Your Content.
LICENSES FROM PICK-PACK
LICENSE TO PICK-PACKDuring and subject to the terms and conditions of this Agreement, Pick-Pack hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Pick-Pack App solely to enable your use of the Pick-Pack App. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code. You agree that, as between you and Pick-Pack, all the intellectual property rights in the Pick-Pack App Technology are owned by Pick-Pack or its licensors.
LICENSE RESTRICTIONSExcept as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Run, rent, lease, loan, or sell access to the Pick-Pack App or the Pick-Pack App Technology.
- Decompile or reverse engineer or attempt to access the source code of the software underlying the Pick-Pack App or Pick-Pack Technology.
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Pick-Pack Technology.
- Access the Pick-Pack App to build a product using similar ideas, features, functions, interface or graphics of the Pick-Pack App.
- Access (or attempt to access) any service on the Pick-Pack App by any means other than as permitted in these Terms of Service.
- Circumvent, disable or otherwise interfere with security related features of the Pick-Pack App or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Pick-Pack App or the Content and Third Party Content therein.
- Access the Pick-Pack App to upload Your Code or Your Content to cause a breach of security to the Pick-Pack App or any Network or interfere with the proper working of the Pick-Pack App or prevent others from using the Pick-Pack App.
- Delete the copyright and other proprietary rights notices on the Pick-Pack App.
PICK-PACK TRADEMARKS AND LEGAL NOTICESPick-Pack trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Pick-Pack App are the trademarks of Pick-Pack and may not be used without permission. Pick-Pack is not granting you a license under any intellectual property right to such materiels. Other trademarks, logos, and trade names that may appear on the Pick-Pack App are the property of their respective owners.
PICK-PACK OWNERSHIP RIGHTSYou agree that, as between you and Pick-Pack, Pick-Pack owns all right, title and interest, including, all intellectual property rights, in and to the Pick-Pack App Technology. Any rights not expressly granted herein, are reserved to Pick-Pack. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Pick-Pack App. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Pick-Pack App, including notices on any Pick-Pack Technology you download, transmit, display, print or reproduce from or using the Pick-Pack App. YOU AGREE THAT PICK-PACK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE PICK-PACK APP NETWORK.
THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITESPick-Pack may contain features and functionalities that allow access to third party Content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party (remove “affiliate” “third party is more inclusive and therefore preferable) You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that Pick-Pack will not be responsible. Additionally, Content from Users, third parties, or advertisers, including, information about third party products and services and any Third Party Applications, may be made available to you through the Pick-Pack App. The inclusion of Third Party Content on the Pick-Pack App does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Pick-Pack has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Pick-Pack or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Pick-Pack App you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Pick-Pack App at your own risk Additionally, Pick-Pack or third parties may provide hyperlinks or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Pick-Pack App and the inclusion of any link on Pick-Pack does not imply Pick-Pack’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Pick-Pack expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Pick-Pack App. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
REPRESENTATIONS AND WARRANTIESYou represent and warrant to Pick-Pack that: (a) you will comply with all applicable local, national and international laws, rules, and regulations in connection with your use of the Pick-Pack App including your promotional or other activities on or off the Pick-Pack App that relate to your use of the Pick-Pack App; (b) you have the right to grant to Pick-Pack the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content, contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Pick-Pack App, or intercept or expropriate any system data or personal information from the Pick-Pack App.
ACCEPTABLE USE AND CONDUCTYou are solely responsible for your conduct and Your Content on the Pick-Pack App. We want to keep the Pick-Pack App safe for everyone and the use of the Pick-Pack App for unlawful or harmful activities is not allowed. In defining "safe" you specifically agree that: You will not post, email or make available any Content to Users or use the Pick-Pack App:
- In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Pick-Pack App in connection with your membership;
- In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- In a manner that is libellous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- In a manner that is harmful to minors in any way;
- In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Pick-Pack;
- To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Network or the Pick-Pack App without authorization;
- To interfere or attempt to interfere with the proper working of the Pick-Pack App or prevent others from using the Pick-Pack App, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Pick-Pack App, or that otherwise negatively affects other persons' ability to use the Pick-Pack App;
- To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Pick-Pack App or the content contained therein;
- To facilitate the unlawful distribution of copyrighted content;
- In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Pick-Pack App or to Users; and
Additionally, you agree NOT to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Pick-Pack App or to proxy authentication credentials for any Member of the Pick-Pack App for the purposes of automating logins to the Pick-Pack App;
- Post any Content containing child pornography to the Pick-Pack App. Pick-Pack will report any suspected instances of child pornography, including reporting any personal data, to law enforcement authorities.
- Post any Content that Pick-Pack, in its absolute discretion, determines constitutes pornography, contains nudity, or is adult in nature.
- Post any Content that Pick-Pack, in its absolute discretion, determines unsuitable;
- Attempt to gain unauthorized access to the Pick-Pack App computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Pick-Pack App;
PICK-PACK POLICIESPick-Pack may establish general polices and limits concerning use of the Pick-Pack App including, the maximum number of days that uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages, photos, videos, documents and audio files), the maximum disk space allotted to you, the maximum number of times and duration for which you may access the Pick-Pack App in a given period of time, the maximum storage and bandwidth used by Your Content, and the maximum CPU power used by Your Content.
PICK-PACK'S RELATIONSHIP WITH USERSYou acknowledge that Pick-Pack may terminate your account and remove your Content and other Network Data, as well as disable your access to any and all Networks and the Pick-Pack App at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to Pick-Pack contacting you in order to maintain compliance with these Terms of Service.
COPYRIGHT INFRINGEMENTIt is Pick-Pack’s policy to respond to notices of alleged copyright infringement. Pick-Pack may remove any allegedly infringing Content without any liability to you. Pick-Pack reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behaviour by that User.
FAMILY LAWPick-Pack reserves the right to suspend or remove any content, account, service or part of a service, in compliance with an order of a court hearing Family Law proceedings relating to any persons. Pick-Pack further reserves the right to suspend or remove any content, account, service or part of a service, in compliance with a voluntary arrangement with any public body having responsibility for family and child welfare, or having as its primary end the enforcement of the law or public policy. Pick-Pack understands that family law proceedings may occur in camera, and that discussion on Pick-Pack of such proceedings can constitute contempt of court. DISCUSSIONS OF IN CAMERA LEGAL PROCEEDINGS ARE STICTLY FORBIDDEN ON the Pick-Pack App. Pick-Pack reserves the right to suspend or remove any content, account, service or part of a service for the purposes of enforcing this term.
YOUR ACCOUNTYou need to register and create an account in order to become a member on the Pick-Pack App. You are responsible for keeping your account credentials and password secure. You agree to provide Pick-Pack with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on the Pick-Pack App current, complete and accurate (such as noting a change in billing address or email). You will be solely responsible and liable for any activity that occurs under your account credentials. Pick-Pack reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time. You may not use anyone else's account at any time without the permission of the account holder. You should never give out your password to another individual or entity. Pick-Pack will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by Pick-Pack or another party due to someone else using your account or password.
DISCLAIMER OF WARRANTIESYOUR USE OF THE PICK-PACK APP, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PICK-PACK APP, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE PICK-PACK APP, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PICK-PACK APP, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PICK-PACK AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. PICK-PACK AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE PICK-PACK APP, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PICK-PACK APP OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PICK-PACK APP OR THE SERVER THAT MAKES THE PICK-PACK APP AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PICK-PACK MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE PICK-PACK APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PICK-PACK APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICK-PACK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE PICK-PACK APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
INDEMNITYYou agree to indemnify, defend, and hold harmless Pick-Pack, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to:
- Your Content, Your Network Data or Your Art Assets;
- Your use of any Third Party Applications;
- Your use or misuse of, or connection to, the Pick-Pack App or any services offered by the Pick-Pack App;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party;
- Your breach or alleged breach of any agreement or policy between you and other Users.