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Terms of Use

# Terms of Use

These Terms of Use ("Terms") govern your access and use of the services, including but not limited to our various websites, SMS, APIs, applications, buttons, email notifications, and widgets (the "Services" or "Pick-in"), and any other information, texts, graphics, photos or other documents uploaded, downloaded or appearing in the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post on the Services, and for any consequences thereof. The Content you submit, post, or display may be viewed by other users of the Services and through third-party services and websites. You should only provide Content that you wish to share with others in accordance with these Terms.

If you accept these Terms and use the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Services provided by Pick-in are constantly evolving. The form and nature of the Services provided by Pick-in may change from time to time without prior notice. In addition, Pick-in may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, without Pick-in being able to provide you with prior notice. We also reserve the right to create limits on use and storage at our sole discretion at any time without prior notice. The Services may include advertisements, which may be targeted based on the Content or information available on the Services, queries made through the Services, or any other information. The types of advertising displayed by Pick-in on the Services, as well as their extent, are subject to change. In consideration of Pick-in granting you access to and use of the Services, you agree that Pick-in and its providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether posted by you or by others.

2. Privacy

When you register for Pick-in, you are asked to provide information that is not disclosed. You own your personal information and can modify and delete your account at any time.

3. Passwords

You are responsible for safeguarding the password you use to access the Services and for any activities or actions under your password. We encourage you to use strong passwords for your account (passwords that use a combination of upper and lowercase letters, numbers, and special characters). Pick-in cannot be held responsible for any damage resulting from your failure to comply with the above.

4. Content on the Services

All Content is the sole responsibility of the person who originated such Content. Pick-in cannot monitor or control the Content posted via the Services and does not take responsibility for such Content. You acknowledge that any use of Content posted through the Services is at your own risk. The completeness, truthfulness, accuracy, or reliability of any Content or information posted via the Services is not guaranteed, supported, claimed or warranted by Pick-in in any way. Pick-in does not endorse any opinion expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be inaccurate or inappropriate or, in some cases, mislabeled or otherwise deceptive. Under no circumstances will Pick-in be liable in any way for any damage or loss of any kind incurred as a result of the use of any Content, including, but not limited to, any errors or omissions in any Content, whether posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. This means that you grant us the right to use your Flashes on any medium.

You agree that this license includes the right for Pick-in to provide, promote, and improve the Services and to make Content submitted to or transmitted through the Services available to other companies, organizations or individuals who partner with Pick-in for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms for use of such Content.

Such additional uses by Pick-in, or other companies, organizations or individuals partnering with Pick-in, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the 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 syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, you may be held liable. Pick-in will not be responsible or liable for any use of your Content by Pick-in in accordance with these Terms. 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.

6. Your License to Use the Services

Pick-in gives you a worldwide, personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Pick-in as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Pick-in, in the manner permitted by these Terms.

7. 

  1. Pick-in Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Pick-in and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the name Pick-in or any of the trademarks, logos, domain names, and other distinctive brand features of Pick-in. Any feedback, comments, or suggestions you may provide regarding Pick-in or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

  1. Restrictions on Content and Use of the Services

Please review the Pick-in Rules (which are part of these Terms of Use) to better understand what is prohibited when using the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate user accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pick-in, its users and the public.

Moreover, we remind you that any publication of content defined as illegal by law is punishable. If we find that your account has been used to publish content defined as illegal by law, we will have to report you to the competent Police services and we will delete your account as well as all related content. Pick-in does not disclose personal data to third parties.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Pick-in's computer systems, or the technical delivery systems of Pick-in's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Pick-in (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Pick-in (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Pick-in is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.

  1. Copyright Policy

Pick-in respects the intellectual property rights of others and expects users of the Services to do the same. We respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Pick-in will also terminate a user's account if the user is determined to be a repeat infringer. You can contact us about this matter via the contact form on the website.

  1. Termination

The Terms will continue to apply until terminated by either you or Pick-in as follows. You may end your agreement with Pick-in at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Pick-in when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. Account inactivity is defined as non-use of your account (no login) for more than 180 consecutive days.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Pick-in Rules, (ii) you create risk or possible legal exposure for us, or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect Pick-in's right to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

  1. Disclaimers and Limitations of Liability

Please read this section carefully as it is intended to limit Pick-in's liability. Each of the subsections below applies to the fullest extent permitted by applicable law. Some national laws do not allow the exclusion of implied warranties or limitations of liability in contracts, and consequently the provisions of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are provided "AS IS".

You access and use the Services and Content at your own risk. You understand and agree that the Services are provided to you "AS IS" and "AS AVAILABLE". Without prejudice to the foregoing, and to the fullest extent permitted by applicable law, Pick-in ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Pick-in Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Pick-in Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Pick-in Entities are not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pick-in Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Pick-in ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, NOR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Pick-in ENTITIES EXCEED THE GREATER OF ONE HUNDRED EUROS (€100.00) OR THE AMOUNT YOU HAVE PAID Pick-in, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Pick-in ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

  1. General Terms

A. Waiver and Severability

The failure of Pick-in to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of France without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the French courts, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

C. Entire Agreement

These Terms and the Pick-in Rules are the entire and exclusive agreement between Pick-in and you regarding the Services (excluding any services for which you have a separate agreement with Pick-in that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Pick-in and you regarding the Services. These Terms may be modified at any time, with the most recent version always available at https://www.pick-in/index/conditions. If we believe these modifications are substantial, we will notify you via an update or by email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These services are operated and provided by Pick-in. If you have any questions about these terms, please contact us.

Effective Date: December 01, 2022