Your continued use of Pikto Products and Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms in Pikto Products and Services (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
User Content and Sharing Functions
Pikto Products and Services include sharing and requesting-to-share functions (“Sharing Functions”) through which you or other users may share, store or otherwise make available certain information, multimedia content and/or other materials (“User Content”). When you use the Sharing Function, the shared User Content is stored on our server and a link is sent to the private email address of the recipient. Similar to other online sharing services, anyone with access to this link will be able to view your shared User Content. You are solely responsible for your use of the Sharing Functions and use them at your own risk.
By using an Sharing Function, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Pikto Products and Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, province, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sharing Functions of Pikto Products and Services.
Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sharing Functions of Pikto Products and Services.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum or during Sharing Functions. Although we have no obligation to screen, edit or monitor any of the User Content posted during the Sharing Functions, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content shared or stored while using Pikto Products and Services and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you share or store while using Pikto Products and Services, at your sole cost and expense.
We do not own the User Content you share while using Pikto Products and Services, but in sharing User Content using Pikto Products and Services, you grant us a nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with Pikto Products and Services. You may cancel this license at any time by sending us an email at email@example.com to remove the User Content from Pikto Products and Services.
Third Party Content
We may share third party content on Pikto Products and Services and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.
You are granted a right to create a text hyperlink to Pikto Products and Services for noncommercial purposes, provided such link does not portray us or Pikto Products and Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use, frame or utilize framing techniques to enclose any Pikto trademark, logo or other proprietary information, including the images found at Pikto Products and Services, the content of any text or the layout/design of any page or form contained on a page on Pikto Products and Services without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from Pikto Products and Services or sites linking to Pikto Products and Services.
Advertising and Promotions
Third party products and services
We may run advertisements and promotions from third parties inside Pikto Products and Services or may otherwise provide information about or links to third-party products or services inside Pikto Products and Services. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Pikto advertisers or third party information inside Pikto Products and Services.
Copyright & Limited License
Unless otherwise indicated on Pikto Products and Services, Pikto Products and Services and all content and other materials inside them, including, but not limited to, our logo and all designs, text, graphics, pictures, audio, video, information, data, software and the selection and arrangement thereof (collectively, the “Pikto Products and Services Materials”) are our proprietary property or our licensors or users and are protected by Canadian, U.S. and international copyright laws.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, Pikto Products and Services, THE Pikto Products and Services MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT,
ANY HYPERLINKS, AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR Pikto Products and Services (COLLECTIVELY, “PIKTO PRODUCTS/CONTENT/SERVICES”) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY PIKTO PRODUCTS/CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY PIKTO PRODUCTS/CONTENT/SERVICES.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL PIKTO PRODUCTS/CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PIKTO PRODUCTS/CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA PIKTO PRODUCTS/CONTENT/SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE PIKTO PRODUCTS/CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA PIKTO PRODUCTS/CONTENT/SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to Pikto Products and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on Pikto Products and Services infringes upon any copyright which you own or control you may file a notification of such infringement with us at:
382 Canarctic Drive
E-mail Address: firstname.lastname@example.org
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We have the right, without notice and in sole discretion, to terminate your license to use Pikto Products and Services and to block or prevent your future access to and use of Pikto Products and Services.
Applicable Law and Venue
Questions and Contact Information
Pikto Inc. (hereafter “Pikto”) maintains its website as a service to the Internet community. Access to and use of www.pikto.com is subject to the terms and conditions set forth herein and all applicable laws. Pikto may revise these terms and conditions from time to time by updating this posting
This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by Pikto or others with all rights reserved unless otherwise noted. The content, without the express written permission of Pikto or the rightful owner, may not be distributed, downloaded, modified, edited, reused, reproduced, transmitted, performed, displayed or otherwise used by any mechanical or electronic means, except as provided herein.
Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Pikto or others, including, but not limited to, PIKTO™.