Terms and Conditions

 

1. Introduction

Thanks for choosing Pickatale ("Pickatale", "we", "us", "our"). By using the Pickatale service, websites, or software applications (together, the "Pickatale Service" or "Service"), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with Wisdom Edition AS, sole proprietor of the Pickatale Service. Your agreement with us includes these Terms and Conditions of Use ("Terms") and our Privacy Policy (together the "Agreements"). If you don't agree with these Terms, then please don't use the Service.

We're pleased to make our Service available to you. The Pickatale Service includes social and interactive features.

In order to use the Pickatale Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian's consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws You also warrant that any registration information that you submit to Pickatale is true, accurate and complete, and you agree to keep it that way at all times.

2. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Pickatale Service and Agreements. When we make changes to the Agreements that we consider material, we'll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Enjoying Pickatale

Here's some information about all the ways you can enjoy Pickatale.

3.1 Subscription

Pickatale account holders may access the Pickatale Service by our Subscription:

Unlimited Service: a subscription fee-based service;

4. Registration and security

As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Pickatale Service if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Pickatale. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Conditions, which may result in immediate suspense or termination of your account.

Please notify contact@pickatale.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You must be 13 years or older to subscribe to all parts of the Services. You are responsible for all usage or activity on your Pickatale account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

5. Licence and assignment

The Pickatale Service and the content provided through it are the property of Pickatale or Pickatale's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Pickatale Service and to receive the media content made available through the Pickatale Service (the "Licence"). This Licence shall remain in effect for a period of 20 years unless terminated by you or Pickatale.

The Pickatale software applications are licensed, not sold, to you, and Pickatale retains ownership of all copies of the Pickatale software applications even after installation on your Devices. Pickatale 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 Pickatale trademarks, service marks, trade names, logos, domain names, and any other features of the Pickatale brand are the sole property of Wisdom Edition AS. This Licence does not grant you any rights to use the Pickatale trademarks, service marks, trade names, logos, domain names, or any other features of the Pickatale brand, whether for commercial or non-commercial use.

You agree to abide by our User Guidelines and not to use the Pickatale Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

Third party software libraries included in the Pickatale Service are licensed to you either under these Terms, or under the relevant third party software library's licence terms as published in the help or settings section on our website.

6. Third Party Applications

The Pickatale Service may choose to provide a platform for third party applications, websites and services to make available products and services to you ("Third Party Applications"), and your use of these Third Party Applications is subject to their terms of use. You understand and agree that Pickatale is not responsible or liable for the behavior, features, or content of any Third Party Application.

7. Consideration

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

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

8. User Guidelines

We've established a few ground rules for you to follow when using the Service, to make sure Pickatale stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

Pickatale respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, recording, or making available to the public any part of the Pickatale Services or content delivered to you via the Pickatale Services, or otherwise any making use of the Pickatale Service which is not expressly permitted under these Terms; (b) using the Pickatale service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Pickatale Services or any part thereof; (d) circumventing any technology used by Pickatale, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Pickatale; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Pickatale Service; (i) providing your password to any other person or using any other person's user name and password.

Please respect Pickatale and other users of the Pickatale Service. Don't engage in any activity on the Service, including registering and/or using a username/email, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) 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 Pickatale or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user's access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing ("spam"), junk mail, chain letter, or similar, (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Pickatale Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Pickatale's computer systems or network, or breaches any of Pickatale's security or authentication measures, or (l) conflicts with the Agreement, as determined by Pickatale. You agree that Pickatale may also reclaim your account for any reason.

Please be thoughtful about what you make public on Pickatale. The Pickatale Service includes the ability to share content. Remember that shared or publicly available information may be used and re-shared by other users on Pickatale or across the web, so please use Pickatale carefully and manage your account settings regularly. Pickatale 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 your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

9. Copyright infringement

Pickatale respects the rights of intellectual property owners. For details on Pickatale,s copyright policy, please click here.

10. Technology limitations and modifications

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

11. Payments, cancellations and cooling off

If you reside in a country which is part of the European Union and have purchased a Subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the "Cooling-off Period"), but only if you have not logged in or otherwise redeemed or started to consume them.

If you have a Subscription, your payment to Pickatale will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period and you will no longer have access to the Pickatale Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

Pickatale may change the price for the Subscriptions from time to time, and will communicate any price changes to you. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Pickatale Service after the price change takes effect, you accept the new price.

12. Term and termination

These Terms will continue to apply to you until terminated by either you or Pickatale. Pickatale may terminate the Terms or suspend your access to the Pickatale Service at any time, including in the event of your actual or suspected unauthorised use of the Pickatale Service or non-compliance with the Terms. If you or Pickatale terminate the Terms, or if Pickatale suspends your access to the Pickatale Service, you agree that Pickatale shall have no liability or responsibility to you and Pickatale will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Pickatale account, please go here.

13. Warranty

We endeavor to provide the best service we can, but you understand and agree that THE PICKATALE SERVICE IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PICKATALE SERVICE AT YOUR OWN RISK. PICKATALE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Pickatale does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, or any other product or service advertised or offered by a third party on or through the Pickatale Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Pickatale is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Pickatale Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Pickatale shall create any warranty on behalf of Pickatale in this regard. Some aspects of this section may not apply in some jurisdictions.

14. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Pickatale Service, the Third Party Applications or the Third Party Application content is to uninstall any Pickatale software and to stop using the Pickatale Service, the Third Party Applications or the Third Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKATALE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PICKATALE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PICKATALE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PICKATALE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PICKATALE DURING THE PRIOR THREE MONTHS IN QUESTION.

Nothing in these Agreements removes or limits Pickatale;s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

15. Entire agreement

These Agreements constitute all the terms and conditions agreed upon between you and Pickatale and supersede 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 Pickatale are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Pickatale that are not contained in the Agreements.

Please note, however, that other aspects of your use of the Pickatale Service may be governed by additional agreements. You will agree to separate terms and conditions in those circumstances. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys ("Special Promotions") through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion's terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.

16. Severability

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, 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.

17. Choice of law, mandatory arbitration and venue

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Norway, without regard to choice or conflicts of law principles. Further, you and Wisdom Edition AS agree to the exclusive jurisdiction of the courts of Norway to resolve any dispute, claim or controversy that arises in connection with these Agreements.

Thank you for reading our Terms and Conditions. We hope you enjoy Pickatale.

Copyright © 2013 Wisdom Edition AS. All rights reserved.

Wisdom Edition AS, Fallanveien 4a, 0495 Oslo, Norway