PICKIT Terms of Use

Welcome! PICKIT (“PICKIT,” “we,” “us,” or “our) provides a digital collectibles service that allows our members to access any content and materials available through our PICKIT mobile application (the “App”) and all intellectual property rights therein (collectively, the “PICKIT content”) which is made available to you over the Internet to certain Internet-connected computers, mobile phones, personal digital assistants, and other mobile devices (the ''Platforms” or “PICKIT ready devices”).

Please read these Terms of Use carefully. These Terms of Use govern your use of our service and the following Terms of Use may be updated by us from time to time. As used in these Terms of Use, “PICKIT service”, “our service” or “the service” means the digital collectibles service provided by PICKIT for discovering, using, and purchasing PICKIT content, including all the features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. By pressing the “Agree” button, and using the App, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use, and the terms and conditions of PICKIT’s privacy statement that is hereby incorporated by reference (collectively, this “Agreement”). In order to use the PICKIT Service, you need to (a) be 7 or older, or be under 7 and have your parent or guardian’s consent to these Terms and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. Anyone who are under age 7 will be subjected to some restrictions based on your jurisdiction of residence, and if you are under the age of 7, unless a parent or guardian grants permission, the functionality of the App will get tailored to become suitable for you. If you don’t agree with these Terms, then please don’t use the Service.

1. Detail and Use of the App

1.1. The App. PICKIT will give you access to purchase and trade digital collectible goods provided by our service.

1.2. License to Use the App. To use the PICKIT service you must have Internet access and a PICKIT ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.

1.3. Restrictions on Use. If you violate the following, we reserve the right to immediately deny your access to the App, or any portion of thereof, without notice. You may not: introduce into the App any virus or harmful codes that will distort the service and attempt to decompile, disassemble, and perform any form of activity that can harass the App.

1.4. Fees. PICKIT is provided to you for free. By signing up for the PICKIT member, we will reserve you an exclusive access to the App contents and give you access to purchase and trade the digital collectible goods provided by our service.

1.5. Promotion. PICKIT may offer a number of promotional plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some digital goods may hold differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your PICKIT digital goods purchase by visiting the PICKIT App and clicking on the “Account” link available at the bottom of the pages of the PICKIT App under you profile name.

2. Registration

2.1. Start the App. Find and download the PICKIT App from the Apple App Store, the Android Store or any other app store where the App is available. Upon sign-up, you can create your unique username and we may request your date of birth, phone number, and email address to validate your identity to ensure your usage of certain App features, and to assure our compliance with all legal and contractual obligations. You warrant that all login information you submit is truthful and real, and these details will remain consistent and accurate. You represent a complete responsibility for the confidentiality of your account (collectively includes, your “Username”), including for its use and misuse. If you would like to deactivate your account, you may inform us and upon your deactivation request, you may need to provide us with appropriate information in order to confirm you’re the account owner, or guardian of an account owner. We are not responsible for any loss or damage caused by any unauthorized use of your account. We hold the authority to delete your account at any time and for any reason.

2.2. PICKIT Member. Once you sign-up, you are a PICKIT member. Your PICKIT membership will start with a free trial provided initially to celebrate your membership creation. The free trial giveaways are intended to allow new members and certain former members to try the service.

2.3.Free Trial. Free trial eligibility is determined by PICKIT at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent PICKIT membership to determine eligibility. For combinations with other offers, restrictions may apply.

3. Changes to the Agreements

In our discretion, we may occasionally make changes to the PICKIT Service and Agreements. We are going to notify you through the App when we make changes to the Agreements that we consider applicable. By continuing to use the App after those changes are made, you are expressing and acknowledging your acceptance of the changes.

4. Use of Data

When you sign up for the App, your use of the App may involve the transmission to us of certain personally-identifiable information. We may collect information or ask you for information like your username, password, email address, date of birth, gender, postal code, and country. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy, the details which comply with legal obligations related to privacy and security.

5. PICKIT Intellectual Property and Assignment

The PICKIT Service and content provided through it are the property of PICKIT or PICKIT’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the PICKIT Service and to enjoy the digital collectibles content made available through the PICKIT Service. The PICKIT software applications are licensed, not sold, to you, and PICKIT owns and will continue to own all right, title, and interest in and to (a) the App even after installation on your Devices, including, without limitation, operating instructions, object code, all source code, and interfaces developed for or in relation to the App; (b) all revisions, changes, copies, enhancements, modifications, partial copies, translations, improvements, compilations, and derivative works of the foregoing, and all intellectual property rights therein; and (c) any other content and materials available through the App and all intellectual property rights therein. PICKIT may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

All PICKIT trademarks, service marks, trade names, logos, domain names, and any other features of the PICKIT brand are the sole property of PICKIT. We do not grant you any rights to use the PICKIT trademarks, logos, or any other features of the PICKIT brand, whether for commercial or non-commercial use. You agree to abide by our User Guidelines and you have no rights in or to any PICKIT Content in any manner not expressly permitted by these Terms of Use.

6. User Generated Content

PICKIT users may post, upload and/or contribute (“create”) content through the App, including feed, text and digital collectibles pictures (hereinafter, “User Generated Content”). You represent that you have the right to contribute any User Generated Content which you post to the Service, and that such User Generated Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. We cannot and do not review, edit, and monitor all the User Generated Content; thus, we merely serve as a passive channel for distribution of the User Generated Content to other users of the App. However, we reserve the right to remove or disable access to any User Generated Content for any or no reason, including but not limited to, User Generated Content that (a) violates these Agreements, (b) does not adhere to our Community Guidelines, or (c) is offensive or otherwise unacceptable to us in our sole discretion. PICKIT may take these actions without prior notification to you.

As between us and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and show that you either own, or have a sufficient license to, all User Generated Content through your account. You grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use any User Generated Content that you post on or in connection with PICKIT. This license lasts until you terminate your PICKIT account, except in the case of User Generated Content that you have published, made public and/or share with others.

PICKIT is not responsible for User Generated Content nor does it endorse any opinion contained therein. Do not forget, once you submit User Generated Content through the App, it may be accessible by other users, including any Personal Information you may have included. Please be careful when you consider submitting any User Generated Content through the App.

7. Consideration

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the PICKIT Service to use the processor, bandwidth and storage hardware on you Device in order to facilitate the Service Operation, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.

You grant PICKIT a non-exclusive, sub-licensable, royalty-free, transferable, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Generated Content that you post on or otherwise provide through the App.

These Terms are not intended to grant rights to anyone except you and PICKIT, and in no event shall these Terms create any third party beneficiary rights. Any failure by PICKIT to enforce these Terms or any provision thereof shall not waive PICKIT’s right to do so.

8. Billing and Digital Collectibles Transaction Between Members

8.1. Virtual Currency. If you are a legal adult in your country of residence, or if you have been authorized by a legal guardian to do so, you may “purchase” or “earn” Virtual Coins from the App Stores or third party providers (“Third Party Providers”) using real world money. Once you purchase or earn all Virtual Coins in this manner, you will abide by the payment terms and conditions of the applicable App Store or Third Party Provider from whom you purchase or earn such Virtual Coins. Please note that we do not control how you can pay to such third parties and it is your responsibility to review such third parties terms of service for additional information.

You may use Virtual Coins to purchase digital goods through the App, in other words, “Virtual Goods.”

Please note that when you “purchase” or “earn” an item, you have only been granted a limited license to use the Virtual Coins and/or the Virtual Good in the App’s virtual world. In other words, you do not own the Virtual Coins or the Virtual Goods that are exchanged using the App. All right, title, and interest in and to the Virtual Coins and Virtual Goods, including all copyrights, trademarks, and other intellectual property rights therein, are held by PICKIT.

8.2. Billing Cycle. Any charges you may incur in connection with your use of the PICKIT service such as taxes and possible transaction fees, will be charged on basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your digital collectibles. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your digital collectibles payment processed on a day not contained in a given month. Visit PICKIT application and click on the “Billing details” link on the “Account” page to see details.

8.3. Payment Methods. To use the PICKIT service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method (s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your purchase fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Methods used. Check with your Payment Method service provider for details.

8.4. Digital Collectibles Transaction between Members. PICKIT expedite sales between the providers and the purchasers or other businesses. Like intermediaries, we provide convenient management system to operate unconstrained digital collectibles transaction service between members. We are not responsible for your purchased content and it is the purchasers’ responsibility to check the digital collectibles product details provided by the providers before making their transaction. All damage or loss of the false digital collectibles transaction resulting from the purchaser not checking the product details will be held responsible by the purchaser himself/herself.

8.5. Changes to the Price and Digital Collectibles. We may change our digital collectibles and the price from time to time; however, any price changes or changes to our digital collectibles will apply to you no earlier than 30 days following notice to you.

8.6. Restrictions. Virtual Coins and Virtual Goods may never be redeemed or exchanged for real money, goods, services, or any other item of monetary value. Except as expressly authorized in these Terms of Use, following activity is strictly prohibited: any transfer or exchange of Virtual Coins or Virtual Goods. Any attempt to do so is a material breach of these Terms of Use and if you violate, even outside the scope of the App, it may result in an immediate termination of this Agreement.

In our single and absolute discretion, PICKIT has the right to modify, govern, and/or remove Virtual Coins, and/or Virtual Goods at any time and without notice to you. PICKIT shall have no liability in connection with the exercise of this right.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SALES AND PURCHASES OF VIRTUAL COINS AND/OR VIRTUAL GOODS ARE FINAL, AND THAT NO REFUNDS OR EXCHANGES SHALL BE PERMITTED, EXCEPT IN OUR SOLE AND ABSOLUTE DISCRETION.

9. Community Guidelines

We’ve established a few ground rules for you to follow when using the App, to make sure PICKIT stays enjoyable for all. By accessing and/or using the App, you hereby agree that:

You will not use the App for any unlawful purpose;
You must always remain truthful and accurate with all the information you provided through your account, and you are responsible for updating any information previously provided to keep your information sincere and valid;
PICKIT respects intellectual property rights and expects you to do the same. This means, you will not post, e-mail, upload, transmit, or otherwise make available any content that:
- Violate any copyright, right of publicity, trademark, or other proprietary rights of any person or entity; or
- Is reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the PICKIT Services or any part thereof; or
- Is circumventing any technology used by PICKIT, its licensors, or any third party to protect content accessible through the Service; or
- Is providing your password to any other person or using any other person’s username and password; or
- Discloses any sensitive information about another person, which includes their email address, postal address, phone number, credit card information, or any similar information; or
- Is threatening, insulting, abusive, defamatory, immoral, crude, pornographic, sexually explicit, invasive of another’s privacy, or encourages unauthorized violence or malice to animals, or contains hate speech (including any speech that demeans a group based on race, religion, disability, gender, age, veteran status, and/or sexual orientation); or
- Is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of PICKIT or a third party; or
You will not promote commercial products or services;
You will not impersonate or misrepresent your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading;
You will not intend to stalk, harass or bully other users;
You will not include malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the App;
You will not interfere with the PICKIT App, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or PICKIT’s systems or network, or breaches any of PICKIT’s security or authentication measures (i.e., use of any virus, device, information collection or transmission mechanism, software or routine, hacking password or data mining, or any other means);
You will not conflict with the Agreement, as determined by PICKIT.

You agree that PICKIT may also reclaim your username for any reason.

10. Unsolicited Information

Please be thoughtful about what you make public on PICKIT. The PICKIT Service includes social and interactive features, and by submitting any unsolicited information and materials that may range from comments, ideas, questions, designs to other similar communications to us, you agree to be bound by the following terms and conditions. All Unsolicited Information will be regarded NON_CONFIDENTIAL and NON-PROPRIETARY. In short, remember that shared or publicly available information may be used and re-shared for any purpose (including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting) by we, or any other affiliates on PICKIT and across the web, so please manage your account settings regularly and use PICKIT carefully. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques acquired in any communication or material you send to us for any purpose that may include developing, manufacturing, marketing products, and many others. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. PICKIT has no responsibility for your choices to make any actions or material public on the Service. Your password protects your user account, and you are solely responsible for keeping you password confidential and secure. You understand that you are responsible for all use of your username and password. By submitting any Unsolicited Information, you are granting us a perpetual, irrevocable, and royalty-free right and license to use, reproduce, adapt, publish, modify, translate, distribute, publicly display, transmit, publicly perform, sublicense, make derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

11. Passwords and Account Access

The member who created the PICKIT account and whose Payment Method is charged (the “Account Owner”) has access and control over the PICKIT account and the PICKIT ready devices that are used to access our service and is responsible for any activity that occurs through the PICKIT account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the PICKIT ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, PICKIT or our partners from identity theft or other fraudulent activity.

12. Technology Limitations and Modifications

PICKIT will make reasonable efforts to keep the PICKIT Service operational. However, certain technical challenges or maintenance may, at times, result in temporary interruptions. PICKIT reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the PICKIT Service or any function or feature thereof. By signing the agreement, you understand that PICKIT has no obligation to maintain, upgrade, support, or update the Service, ro to provide all or any specific content through the Service.

13. Accessing and Downloading the App from iTunes

Below apply to any Apple App and the following terms are in addition to all other terms included in these Terms of Use:

You hereby acknowledge and agree that these Terms of Use are concluded between you and PICKIT alone, and not Apple.
You hereby acknowledge and agree that PICKIT, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Service.
In respect to the Apple App, you hereby understand that Apple has no obligation to furnish any maintenance and support services.
If you encounter any failure of the Apple App to conform to any applicable warranty, Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law when you notify Apple. But Apple will have no other warranty obligation in relation to the Apple App. In case of PICKIT and Apple, PICKIT holds the sole responsibility in respect to any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
As between PICKIT and Apple, you hereby acknowledge that Apple does not hold responsibility to address any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App (may range from product liability claims, any claim that the Apple App fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection or similar legislation to many other claims).
To the extent required by these Terms of Use, in the case of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between PICKIT and Apple, PICKIT will be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.
In respect to your license of the Apple App, you understand and agree that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms of Use.
You hereby acknowledge and agree that upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be considered to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.
You sincerely represent and warrant that (a) you are not located in a country that has been designated by the U.S. Government as a terrorist supporting country, or is subject to a U.S. Government embargo; and (b) you are included in any U.S. Government list of prohibited or restricted parties.
When using the Apple App, you must comply with all applicable third party terms of agreement without limiting any other terms of these Terms of Use.

14. PICKIT Warranty and Limitation of Liability

We endeavor to provide the best service we can, but you understand and agree that THE PICKIT APP AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE APP, IS PROVIDED “AS IS,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PICKIT APP AT YOUR OWN RISK. PICKIT DISCLAIMS ANY WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NONE OF PICKIT AND THE PICKIT PARTIES (ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, SECURE OR THAT DETECTS WILL BE CORRECTED. NONE OF THE PICKIT PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PICKIT SERVICE, THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT IS TO UNINSTALL ANY PICKIT SOFTWARE AND TO STOP USING THE APP, THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT.

PICKIT DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS, THIRD PARTY APPLICATION CONTENT, USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PICKIT SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND AGREE THAT PICKIT IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND OTHER USERS OF THE APP OR THIRD-PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PICKIT SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NONE OF THE PICKIT PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY PROVIDER. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PICKIT SHALL CREATE ANY WARRANTY ON BEHALF OF PICKIT IN THIS REGARD. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKIT AND ANY OF THE PICKIT PARTIES BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUES, SAVINGS OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PICKIT APP, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PICKIT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (b) IN THE EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE PICKIT PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). IN THE EVENT SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE PICKIT PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

15. External Sites

Although the App may contain links to third-party websites, we do not endorse and are not responsible for the maintenance or content of any linked External Sites. For further information, please refer to the terms of use and privacy policies of the External Sites.

16. Entire Agreement and Indemnification

These Agreements constitute all the terms and conditions agreed upon between you and PICKIT and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the agreements in any written or oral communication from you to PICKIT are void. You agree to defend, indemnify, and hold the PICKIT Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (a) your breach of these Terms of Use; (b) your access to, use, or misuse of the App; (c) any User Generated Content provided through your account; (d) your violation of any third-party right, including without limitation to any intellectual property, or privacy right; or (e) any claims brought against any PICKIT Parties by another user, App Store or Third Party Provider as a result of any of your acts or omissions.

17. Compliance with Applicable Laws

The App is based in the Republic of Korea. Outside of the Republic of Korea, we make no claims regarding whether the App, the PICKIT Content, User Generated Content, or any other content, functions or materials created available to you through the App may be downloaded, videwed, or be appropriate for use. Please keep in mind that you are responsible for your own risk if you access the App, the PICKIT Content, the user Generated Content or any other content, functions or materials made available to you through the App from outside of the Republic of Korea. Both inside and outside of the Republic of Korea, you are entirely responsible for ensuring compliance with the laws of your specific jurisdiction.

18. Advertisements on the App

We may display advertisements of third parties on the App in our sole discretion. The way advertisements are presented on the App hold no intention in any manner to establish a special recommendation, endorsement, or approval of the advertiser or its services by us. Any of your correspondence or other dealings with advertisers resulting from the presence of such advertisers on the App are solely between you and such advertisers; and we will take no responsibility or liability for the statements or conduct of any third party, nor for any loss or damage occurred from any such dealings as the consequence of the appearance of such advertisers on the App.

19. Severability and Termination

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent and we may terminate these Terms of Use and your access to all or any part of the App at any time and for any reason without prior notice or liability; such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law. We reserve the right to change, discontinue, or suspend all or any part of the App at any time without prior notice or liability.

20. Copyright Complaints

As detailed below, please contact our Copyright Agent with the following information if you believe the App holds any content that violate your copyright:

An electronic or physical signature of the person authorized to perform on behalf of the owner of the copyright interest;
A clear explanation of the copyrighted work that you claim has been violated;
A clear explanation of where the content that you claim is violating is located on the App;
Your personal identification information- address, telephone number and email address;
An assurance and a description by you that you have a faithful belief that the conflicted use is not permitted by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information provided and described by you is accurate and that you are the copyright owner or duly authorized to act on behalf of the copyright owner.

Reach out to our Copyright Agent by regular mail, please write to:

Reach out to our Copyright Agent by email, please write to support@oinng.com with COPYRIGHT NOTICE in the subject line.

20. Miscellaneous

20.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Korea. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the Republic of Korea for all suits, actions or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to objections based on improper venue or inconvenient forum, and each party hereby completely submits to the jurisdiction of such courts in any suits, actions or proceedings arising out of or relating to this Agreemtn.

20.2. Unsolicited Materials. PICKIT does not accept unsolicited materials or ideas for PICKIT content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PICKIT. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

20.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the PICKIT Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

20.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

20.5. Changes to Terms of Use and Assignment. PICKIT may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

20.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Thank you for reading our Terms. We hope you enjoy PICKIT.