1. Right to access and use the Site PickyStory grants you a limited right to access and use the Sites under the conditions as set out in the TOU. As between PickyStory and you, title, ownership rights, and intellectual property rights in and to the Sites and any derivatives or modifications thereof, in whole or in part, remain with PickyStory. You understand that PickyStory may modify or discontinue the Sites or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Sites except in our sole discretion. You do not acquire any right, title, or interest in any content on the Sites by virtue of accessing the Sites or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Sites is granted to you by these TOU or otherwise. The trademarks, logos, service marks, and business names displayed on the Sites are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Sites and any unauthorized reproduction, retransmission or other use of any part of the Sites may infringe our or third parties’ copyrights, trademarks, privacy, publicity, or other rights. This includes, without limitation, the use of automated systems or software to extract data from the Sites for commercial purposes (also known as screen scraping), unless where you have a written agreement with us particularly to this extent.
3. Limitations In connection with your use of the Sites, you will not, and will not allow any third party to: a) Link to or use the Sites in connection with any material that contains:Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;Obscene, defamatory, libelous, slanderous and/or unlawful content;Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;Inflammatory religious content;Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; orHate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.b) Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Sites; c) Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Sites or any content contained therein; d) Use the Sites in any manner that could damage, disable, overburden, or impair the Sites, PickyStory, the third-party site, website, or application on which the Services are available, or any other person or entity; ore) Collect any information (including, without limitation, email addresses) about other visitors of the Sites; create or transmit unwanted electronic communications to other visitors of the Sites; or otherwise interfere with such visitors’ enjoyment of the Sites.Unless otherwise expressly authorized in these TOU or on the Sites, you may not take any action to interfere with the Sites or any other visitor’s use of the Sites. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from the Sites without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Sites. You agree not to use the Sites for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes). You agree that you will comply with all laws related to your use of the Sites.Where appropriate, for example in our contact form, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you must not use information about any other person.
4. Copyright NoticeOur users (including you) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights. It is our policy in accordance with the applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing. Our designated agent (i.e., the proper party) to whom you should address such notice is: [email protected]
If you believe that content that you or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;a description of the copyrighted work or other intellectual property that you claim has been infringed;a description of where the material that you claim is infringing is located;your address, telephone number, and email address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; anda statement by you, made under penalty of perjury, that the information contained in your report 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.
5. Limitation on Liability DisclaimersALL PROVISIONS SET OUT BELOW IN THIS SECTION 5 WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.THE SITES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITES AT YOUR OWN RISK. PICKYSTORY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PICKYSTORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PICKYSTORY DOES NOT WARRANT THAT THE SITES OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT PICKYSTORY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS. PICKYSTORY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITES. IN NO EVENT SHALL PICKYSTORY, ITS PARENT, ITS SUBSIDIARY OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITES, OR (VI) OTHERWISE RESULTING FROM THE USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE US DOLLARS (US $5.00).
6. IndemnityTo the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless PickyStory, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Sites in violation of these TOU, including without limitation (i) all matters related to your access to and use of any PickyStory online services, including, without limitation, your use of the Sites, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Sites caused damage to a third party, and/or (v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.
7. Links to Other SitesThe Sites, including content therein, may contain links to third-party sites, websites, or applications. These links are provided as a convenience to you. PickyStory does not control and is not responsible for the content of such third-party sites, websites, or applications or the conduct of the operators of such third-party sites, websites, or applications, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party sites, websites, or applications. PickyStory encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party sites, websites, or applications, you do so at your own risk. Your use of all third-party sites, websites, or applications are subject to the applicable policies of those third parties.
8. Termination PickyStory reserves the right, at any time and in its sole discretion, to discontinue the use of the Sites in whole or in part, and prevent any person or entity from access to the Sites. Upon termination for any reason, Sections 5 (Limitation on Liability and Disclaimers), 6 (Indemnity) and 9 (General) will survive.
10. Questions Should you have any questions regarding these TOU you may contact us at [email protected]
or via the address as indicated in the header of these TOU.