PickU User Agreement
Last updated: 21 May 2019
PickU is a photography product developed, operated and managed by PickU Corporation(“PICKU”, “PickU”, “We”, “Us”, or “Our”).These User Agreement (this “Agreement”) govern your access and use of the PickU website or PickU (“THIS PRODUCT"or"this Product” ) made available by PickU (collectively, “PickU Service”).
Some areas of PickU Service allow users to post content such as profile information, comments, questions, photos, music, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on PickU Service is referred to as “Content” or “User Content” ). You retain ownership of your Content.
By using or accessing the PickU Services you:
If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of PickU Services.
1. USE OF OUR SERVICE
This Product is not provided for minors under 16 years of age (or the minimum age required by the laws of the EU member states). Such people’s claiming to accept the terms of this Agreement shall be null and void. If you are a minor meeting the above conditions, you shall, accompanied by your guardian, read the terms and conditions of this Agreement and use this Product with the approval of your guardian.
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of PickU Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access PickU Service in a manner that sends more request messages to the PickU servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that PickU grants the operators of public search engines revocable permission to use spiders to copy materials from PickU.co for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running PickU Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through PickU Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from PickU Service;
(viii) using PickU Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of PickU Service;
(xi) accessing any content on PickU Service through any technology or means other than those provided or authorized by PickU Service; or
(xii) bypassing the measures we may use to prevent or restrict access to PickU Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of PickU Service or the content therein.
We may, without prior notice, change PickU Service; stop providing PickU Service or features of PickU Service, to you or to users generally; or create usage limits for PickU Service. We may permanently or temporarily terminate or suspend your access to PickU Service (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. Third-party Products and Services
When using this Product, you may access third-party products or services in the following ways:
Embedded Links: Both the search suggestion feature and the webpage translation feature provide users with the corresponding services by embedding the links to the services provided by the corresponding third parties;
Jump Links: Both the search feature and the webpage access feature provide users with search and browsing services by jumping links;
Embed Third Party Services: In order to support product-related features, we need to embed third-party services to this Product. These third-party services include services for group information statistics and anti-cheating, services for recommendation of personalized advertisements, and services for linked accounts, etc.
Using The System Interface: Some functions in the product need to use the system interface to provide services for users. For example, the web browsing function needs to use the API provided by the Android system and the API provided by Android WebView.
Please further be aware that, as stated above, PickU Service may contain links to independent third-party websites and services (collectively, “Third Party Sites”). Third Party Sites are not under PickU’s control, and PickU does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
3. PickU Content
PickU Service contain Content owned by PickU and its licensors (collectively the “PickU Content”). PickU Content is protected by copyright, trademark, patent, trade secret and other laws, and PickU and its licensors own and retain all rights in the PickU Content and PickU owns and retains all interest and rights in and to PickU Service. PickU hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the PickU Content (excluding any software code) for your non-commercial personal use solely in connection with your use of PickU Service. This means that you can make your own Content that uses certain PickU Content (e.g., clipart) and use it for non-commercial purposes, but you may not use the clipart specifically (or frames or other PickU Content) in other programs or applications. This applies even if you “buy” the clipart or other Content –when you purchase PickU Content, you receive a personal non-commercial license to use the Content; you do not own PickU Content.
Certain PickU Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such PickU Content is restricted to the purchase and sale of a license to such PickU Content, and shall not convey ownership of any such PickU Content or intellectual property rights to you.
Some of PickU Service are supported by advertising revenue and may display advertisements and promotions. You agree that PickU may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
PickU specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through PickU Service any material that infringes any proprietary rights of any person or entity, including copyrights. PickU will remove any and all PickU Content or User Content if properly notified that such PickU Content or User Content infringes another’s intellectual property rights. We respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances.
6. DISCLAIMER OF WARRANTIES
PickU Service AND PickU Content ARE PROVIDED ON AND “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PICKU MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) PickU Service; (B) THE PickU Content; © USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICKU OR VIA PickU Service. PICKU HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
PICKU DOES NOT REPRESENT OR WARRANT THAT PickU Service WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT PickU Service ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PICKU DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR PickU Content) AVAILABLE ON OR THROUGH PickU Service IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF PickU Service IS AT YOUR SOLE RISK. PICKU DOES NOT WARRANT THAT YOUR USE OF PickU Service IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PICKU SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT PICKU DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. LIMITATION OF LIABILITY
7.1 PickU does not warrant authenticity, accuracy or integrity of any third-party contents, advertisements, publicity materials and any other information (hereinafter collectively referred to as “Third-party Information”) that you have obtained from this Product. If any entity or individual carries out any activities by using the aforesaid “Third-party Information”, you must identify the authenticity and cautiously prevent risks by yourself.
7.2 IN NO EVENT SHALL PickU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PICKU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This Product and services associated controlled and offered by PickU from its facilities Singapore. PickU makes no representations that this Product and associated services are appropriate or available for use in other locations. Those who access or use this Product and associated from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PickU, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your Use of and access to this Product and associated services;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of PickU Service.
9. Miscellaneous Terms
9.2 If you continue to use this service after the terms of this Agreement are changed, you shall be deemed to have accepted the amended Agreement. If you do not agree to the changes or additions, you have the right to terminate this Agreement and discontinue the use of this Product.
9.3 If some terms of this Agreement are invalid or unenforceable for whatever reason, the remaining provisions shall still be valid and legally binding on you and PickU.
9.4 If you have any comments or suggestions on any provision of this Agreement, please contact our dpo at any time. E-mail address is: firstname.lastname@example.org
10. Governing Laws and Dispute Settlement
10.1 This Agreement is signed in Singapore.
10.2 Conclusion, effectiveness, interpretation, performance, dispute settlement and other matters of or under this Agreement shall be governed by the laws of the Singapore, without regard to the principle of conflict of laws.
10.3 All disputes arising from or in connection with this Agreement shall be submitted to Singapore International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties, and the seat of the arbitration shall be Singapore.