2. Use of Services
We may share your Personal Information as required or permitted by law as follows:
The Services are available only to users who have registered and have been granted Pico Accounts in accordance with the tools made available on the Pico Widget. By clicking on the “Log In” or other similar icon you will automatically be registered with a Pico Account through your existing social media account corresponding to the icon that you selected unless you opt to register via email or phone number.
You will be responsible for all costs and expenses associated with using the Services or subscribing for Content, including ensuring that you have the necessary and compatible technology, hardware, systems and software to use the Services as directed by Pico.
3. Purchases Through Your Pico Account
Once you have registered a Pico Account, you may purchase access to certain premium content made available by Network Publishers according to terms and conditions set out by such publishers. Some Content may be available on a one-time, monthly, or annual subscription basis. In most instances, fees for Content are not refundable. Check with the specific Network Provider for more details related to the specific Content before you subscribe. Unless otherwise noted, subscriptions or memberships are not transferable and you shall not transfer, sell or assign or attempt to transfer, sell or assign any good or service purchased via Pico to any third party.
Subject to Section 8.2, unless otherwise noted, any purchase of Content, including one-time and recurring subscriptions, made from a Network Publisher through your Pico Account is non-refundable and final. To the extent permitted by applicable law, you waive any right to a refund once your purchase is complete. Your purchase is complete once you have confirmed your purchase at the end of the order process.
Network Publishers may set their own prices for goods, services, and Content accessible through the Services and such prices may change from time to time. Pico reserves the right to modify the prices of Content available through your Pico Account on notice to you.
4. Payments and Donations
Pico Account holders have the option to purchase goods, services, or subscription Content from Network Publishers or make Donations (as defined below) any time via a third-party payment processor through a user’s Pico Account (the “Payment Services”). Pico Account holders agree to be subject to and abide by the terms and conditions of the third-party payment processor. You agree to keep your payment information associated with your Pico Account up-to-date. You also agree that you are responsible for all fees for Services and Content requested through your Pico Account. If Pico or its third-party processor is unable to process your transaction in a timely manner, Pico reserves the right to revoke access to the Content. [You may change or update your payment information at any time through your Pico Account settings.]
Pico also allows users to make donations to a Network Publisher via the Pico Widget (“Donation”). By making a Donation you agree to allow Pico to collect a service fee in consideration for using the Pico Widget (the “Service Fee”). Pico reserves the right to change the Service Fee at any time. You understand that any Donation you make is being made to the designated Network Publisher via the Pico Widget. Deduction of charitable and other nonprofit contributions is governed by Internal Revenue Service rules. You and the Network Publisher to which you are providing a Donation are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. Pico makes no representations as to your legal rights or obligations or as to whether all or any portion of your Donations are tax deductible. Pico will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you. You should not rely on Pico for legal advice. Pico recommends that you consult with legal counsel if you have any questions regarding your Donations. Pico CANNOT confirm the Section 501(c)(3) or 501(c)(4) or other legal status, or the truthfulness of any other representations or statements, of any Network Publisher or its content. Pico may seek confirmation that a Network Publisher is a legally recognized person or entity, but Pico is not required to undertake any such investigation or to make any other inquiries as to the actions or status of any Network Publisher. In the event that your contribution is not used by a Network Publisher as represented, or otherwise pursuant to your understanding or expectations, you understand that remedies may not be pursued or obtained from Pico.
Because of occasional failures of some credit cards and/or bank account withdrawals, Pico cannot guarantee that Pico or the Network Publisher will receive your payment or Donation. Pico is not responsible for the policies of any Payment Services, including for withdrawing funds from your account. Pico reserves the right to use other methods of payment aside from any Payment Services. Due to Pico’s reliance on third party payment processors in providing you the Payment Services, Pico is not responsible for the ultimate success or failure of any payment or Donation.
You are responsible for all taxes that you incur in connection with your use of the Services, including, without limitation, your purchase of any Content, good, or service via Pico. You agree that Pico may include additional charges for all sales taxes and any other applicable charges depending on the applicable laws, rules and regulations with any payment made in connection with and/or the Services.
5. Third-Party Services
Your access or use of the Services may involve interaction or use of third party services, websites, information, advertising, products, content, data, tools, materials, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as third party social media providers who provide you a means to create a Pico Account, third party payment processors who process your purchase of Services and Donations, and Network Publishers who provide you with Content which you may access using Pico (“Third-Party Services”). The Services may also contain links to or have features that are hosted by Third Party Services.
To the extent permitted by applicable law, you agree that Pico shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third Party Services or your interactions with the Third Party Providers. Pico does not approve, monitor, review, control or endorse, or make any representations, guarantees or warranties with respect to, any Third Party Services. Pico’s warranties, obligations and liabilities and your remedies with respect to any Third Party Services or any other materials, tangible or intangible, provided by a third party in connection with these Terms of Service will be limited to whatever recourse may be available against the Third Party Provider.
Pico acts solely as a technology platform to provide you with a means to access Content of Pico’s Network Publishers. You acknowledge and agree that Pico is not a content provider or social media provider.
Pico reserves the right to add, modify or discontinue any Third Party Services made available via the Services at any time without prior notice to you.
Subject to the rights expressly granted by Pico to you under this Agreement, Pico or its licensors exclusively own all rights, title and interest in and to the Pico Widget and Services, including all intellectual property rights therein.
Pico will be free to use its general knowledge, skills and experience, and any ideas, concepts, know-how, methodologies, and techniques that it acquires or uses in the course of providing the Services for any purpose. In addition, you may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to Pico concerning the Services or other products, services, technology, techniques, processes or materials (“Feedback”). All Feedback and any other content, idea, design, drawing, information, communication, document, or other material submitted or transmitted to Pico (“Submitted Information>/b>”) becomes the sole property of Pico. Pico may freely use, copy, disclose, license, distribute and otherwise exploit such Submitted Information in any manner, including in connection with any of its products and/or services, without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
8. Term and Termination; Changes to and Discontinuation of the Services
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH ALL FAULTS AND ERRORS. ANY ACCESS TO OR USE OF THE SERVICES ARE VOLUNTARY AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. PICO DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, DISRUPTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION OR ADVERSE INCIDENT, AND PICO DISCLAIMS ANY LIABILITY RELATING THERETO.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICO, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SERVICES OR THE SERVICES OR CONTENT MADE AVAILABLE BY THE NETWORK PUBLISHERS, SECURITY BREACHES, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PICO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO PICO FOR SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Pico and you.
12. Governing Law; Disputes
Pico is the owner of the Services and is based in the State of New York in the United States. Pico makes no claims that Pico’s Services are available or appropriate for use outside of the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. You may not use or export or re-export the Services or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.
You and Pico agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Except for the remedies listed in Section 12.5, arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and Pico. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Brooklyn, New York. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and Pico shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Pico shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.
Notwithstanding the above, without limiting any other remedies that may be available to Pico, if a Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, Pico may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York. A bond of no greater than $2,000 shall be sufficient to seek an injunction.
13. Limitation on Disputes
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.