These Terms and Conditions ("Terms and Conditions") are a legally binding agreement between you, the person or entity that will be utilizing our application and/or services (referenced below as "You" or "Your"), and Picoro Mobile Ltd ("Picoro" or "We" or “US”), with respect to the use of Picoro's application and/or services ("App" and "Service(s)", respectively. By using the App, You accept the Terms and Conditions hereof. Picoro reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting the modified provisions in the App, and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT INSTALL AND\OR UTILIZE AND/OR USE THE APP AND/OR ANY OTHER SERVICE THAT WE PROVIDE.
Since You are downloading the App from a third party platform, service provider or distributor, such as Apple App Store, Google Play Store, Amazon Appstore, etc. (the “Platform Provider“). Your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between these Terms and Conditions and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
When You create an account with Us, You represent, warrant and covenant that the information You provide Us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of Your account on the App and/or Service. You are responsible for maintaining the confidentiality of Your account and password, including, but not limited to, the restriction of access to Your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with our App and/or Service or a third-party service. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene in our sole discretion.
Your use of the Service is at your own DISCRETION and at Your sole risk AND YOU WILL BE SOLELY RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, DAMAGE ORHARM TO ANY OF YOUR DEVICES USED TO USE OR ACCESS the App and/or SERVICE. The App and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis. The App and/or Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of any right, rule regulation or law, or any warranty arising by usage of trade, course of dealing or course of performance. Picoro, its subsidiaries, affiliates, and its licensors do not warrant that: a) the App and/or Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App and/or Services are free of viruses or other harmful components; or d) the results of using the App and/or Services will meet your requirements. additionally, data or content stored using the App and/or services may be lost, damaged or otherwise unrecoverable.
Picoro retains all right, title, and interest in and to the App (including all related intellectual property rights). Subject to these Terms and Conditions, Picoro hereby grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to install, utilize and use the App, provided that You will not alter or modify any part of the App. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by Picoro with respect to the App, including any intellectual property right, whether registered or not.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, audio and/or video, or other material (“Content”). Content may also be shared through the Service’s feature that permits private messaging and group chats among persons associated with a photo. You are responsible for the Content that You post on or through the App and/or Services, including its legality, reliability, and appropriateness. By posting Content on or through the App and/or Services, You represent and warrant that: (i) the Content is yours (You own it) and/or You have the right to use it and the right to grant Us the rights and license as provided in these Terms, and (ii) that the posting of Your Content on or through the App and/or Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. You retain any and all of Your rights to any Content You submit, post or display on or through the App and/or Services and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party posts on or through the App and/or Services. However, by posting Content using the App and/or Services, you hereby grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the App and/or Services. You agree that this license includes the right for us to make your Content available to other users of the App and/or Services, who may also use Your Content subject to these Terms and Conditions. Picoro has the right but not the obligation to monitor, edit or delete all Content provided by users at any time.
All photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, interfaces, software, code, trademarks, service marks, trade names and other content used, displayed, included, incorporated, uploaded, posted or published by Picoro or other third parties, as part of the App, are the sole property of Picoro and/or their licensors ("Picoro's Content"), and subject to copyright and other intellectual property rights under applicable laws, and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Picoro. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Picoro's Content or any part thereof.
If You believe in good faith that any material or content made available on or through the App and/or Services has been used or exploited in a manner that infringes and/or violates any of your intellectual property rights, please send Us prompt written notice thereof via e-mail (at: [email protected]), while specifying the exact location of the infringing material, relevant details of the nature of the infringement etc. We will examine Your notice within a reasonable time, and if we will find that the use of the material and/or content in question does indeed violates Your rights, then we will remove the relevant material and/or content from the App.
You may use the App and/or Services if you are at least 12 years old. If You are under 18, you must have Your parent or legal guardian’s permission to use the App and/or Services. Please have them read and discuss these Terms and Conditions with You. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the App and/or Services, you are subject to the terms of these Terms and Conditions and responsible for your child’s activity on the App and/or Services. you acknowledge and approve that any identification information provided by you to confirm that you are an adult and are the legal guardian of a User under the age of 18, is authentic and was indeed provided by you
You hereby undertake that You will not, and will not permit or authorize third parties to use the App and/or Services in any way that: (i) advertises transactions offered on other applications or any other platform; (ii) for any commercial purpose other than for dealing, contracting and fulfillment of Transactions; (iii) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (iv) is illegal or encourages or advocates illegal activity; (v) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (vi) contain viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the App or any system, computer software, hardware or telecommunications equipment; (vii) use as a user name a name subject to any rights of another person or entity without appropriate authorization or create a false identity or impersonate another person; (viii) use another User’s account without permission; (ix) “stalk” or otherwise harass another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the internet; (x) violate or infringing of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party; or (xi) violate these Terms and Conditions and any applicable local, state, national or international law or regulation.
In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the App and/or Services; (ii) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the App and/or Services, or any portion thereof, to any third party; (iii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the App and/or Services or any part thereof; (iv) modify, reproduce, or create derivative works from the App and/or Services or any part thereof; (v) access or use the App and/or Services and/or Picoro's facilities via automated means, including by crawling, scraping, caching, Bots or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (vi) use the App and/or Services in any manner that is illegal or not authorized by these Terms and Conditions.
Picoro reserves the right to block User’s download, installation, utilization and access to the App, or to refuse the grant of its Services, at its sole discretion. You are solely responsible for the activity that occurs on your account, and advised to use a strong password, and to keep your account credentials secured. You must notify Picoro immediately of any breach of security or unauthorized use of Your account. Picoro will not be liable for Your losses caused by any unauthorized use of Your account. You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to download, utilize, access and use the App and/or Services, and for any fees charged by third parties in connection therewith, as necessary, and Picoro have no responsibility or obligation in connection therewith. If You send Picoro feedbacks or suggestions regarding the App and/or Services, You acknowledge that Picoro may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions. Picoro may change, suspend or discontinue the App and/or Services at any time, including the availability of any feature, content or database, without notice or liability.
By creating an Account and/or using the App and/or Services, You agree to subscribe to newsletters, marketing or promotional materials and other information we may send You. However, You may opt-out at any time from receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided on the communications We send.
Picoro may terminate or suspend Your license, account and access to the App and/or Services (or any part thereof) immediately, without prior notice or liability and on its sole discretion. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to Picoro.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND/OR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE APP AND/OR SERVICES ARE SUPPLIED "AS IS", AND WITHOUT WARRANTY OF ANY KIND. PICORO DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. PICORO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE APP AND/OR SERVICES, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
IN NO EVENT SHALL PICORO, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE APP AND/OR SERVICES, ANY TRANSACTION, OR YOUR USE OF OR INABILITY TO USE THE APP AND/OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER PICORO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, IN NO CASE SHALL THE AGGREATE LIABILITY OF PICORO AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE APP AND/OR SERVICES EXCEED ONE HUNDRED US DOLLARS.
Upon its first demand, You will indemnify and hold Picoro, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) caused due to Your download, installation, utilization, access and use of the App and/or Services in violation of these Terms and Conditions or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party and applicable law.
These Terms and Conditions and its performance shall be governed exclusively by the laws of the State of Israel, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel-Aviv-Jaffa.
Picoro reserves the right to update these Terms and Conditions from time to time, with or without notice, and will post its updated Terms and Conditions on the App. Your continued use of our App and/or Services will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the App and/or Services. If You do not cease using the App and/or Services, You will be deemed to have accepted those modifications.
Picoro may assign at any time any of its rights and/or obligations hereunder to any third party without Your consent.
These Terms and Conditions will also govern any future upgrades or updates or new releases provided by Picoro in connection with the App, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of Picoro to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by Picoro in writing.
If You have any questions or queries about these Terms and Conditions or our services in general, please do not hesitate to contact us via e-mail at: [email protected]