Pikurate’s Terms of Service

Updated on March 29, 2019

Welcome to Pikurate! Pikurate is a collaborative information platform that allows communities of individuals to organize and share the best links. We provide “Users” (“you”, “your”) with services, delivered via Pikurate website (currently located at https://www.pikurate.com), and/or any other platform or media through which we may use in the future, that allows you to organize and share websites, find new and valuable information, collaborate with a community of individuals with shared search purposes, and receive recommendations of Piks (collectively, the “Services”).

Please read these Terms carefully, and if you have any questions, please contact us at team@pikurate.com. These Terms apply to your use of Pikurate along with our Privacy Policy. By accessing and using Pikurate, you agree to all the Terms, whether you are a "Registered User" (meaning that you have registered and created an account with Pikurate) or you are a "User" (meaning you are simply browsing Pikurate or viewing Content). If you do not agree to these Terms, you should not use Pikurate.

Pikurate reserves the right to change these Terms from time to time. We will usually inform you of any changes by posting the updated Terms of Service on the Pikurate website. If we make any material changes to these Terms, we will post a notification on the Pikurate website and, if you have provided us with contact information, we will notify you via your preferred means of contact and/or by asking you to review the changes to these Terms of Service the next time you access the Services. Your continued use of the Services after the changes are communicated will indicate your acceptance of the Terms of Service, including those changes.

Use Pikurate

  1. You may use Pikurate only if you can legally form a binding contract with Pikurate, and only in compliance with these Terms and all applicable laws. When you create your Pikurate account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Pikurate if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Pikurate has been provided to us. Using Pikurate may include downloading software to your computer, phone, tablet, or other devices. You agree that we may automatically update that software, and these Terms will apply to any updates.

    • Our license to you

      Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. You may not:

      • use the materials for any commercial purpose, unless with consent from Pikurate;
      • attempt to decompile or reverse engineer any software contained on Pikurate’s web site;
      • remove any copyright or other proprietary notations from the materials;
      • transfer the materials to another person or "mirror" the materials on any other server.
    • Commercial use of Pikurate

      If you want to use Pikurate for commercial purposes you must contact our team at Pikurate. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pikurate at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Proprietary Rights

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, or links referred to as "Content" that you post or otherwise make available on Pikurate. You must not use Pikurate for any illegal or unauthorized purpose. You cannot use Pikurate’s services to distribute, share or solicit Content belonging to third parties without proper authorization from the owner(s) of that Content. You must respect the proprietary and intellectual property rights of others (including trademark, copyright, and trade secrecy)

You grant Pikurate and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your Content on Pikurate solely for the purposes of operating, developing, providing, and using Pikurate. Nothing in these Terms restricts other legal rights Pikurate may have to Content, for example under other licenses. We reserve the right to remove or modify Content, or change the way it’s used in Pikurate, for any reason. This includes Content that we believe violates these Terms, or any other policies. This license shall be in effect for so long as such Content remains on Pikurate, and will terminate at the time you or Pikurate removes such Content. Pikurate shall have no obligation to use or take any action with respect to any Content.

Prohibited Content

“Prohibited Content” includes, without limitation, Content that, in the sole discretion of Pikurate: (1) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (2) harasses or advocates harassment of another person; (3) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”; (4) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (5) infringes the Intellectual Property Rights of another person; (6) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 13; (7) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (8) otherwise violates applicable law, these Terms of Service or potentially creates liability for Pikurate. Any accounts posting, hosting or recommending Prohibited Content are subject to termination. We reserve the right to remove Content or links to Content that we determine in our sole discretion is prohibited under these rules. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm or threaten the safety of any User or any other person, or create potential liability for us or any User.

Links

Pikurate may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pikurate. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Pikurate, you do so at your own risk and you agree that Pikurate has no liability arising from your use of or access to any third party website, service, or content.

Copyright Policy

Pikurate respects the Intellectual Property Rights of creators. If you believe that your work has been displayed, posted, copied or included within the Services in a way that constitutes copyright infringement, please first check to see if the work originated from a third party service. You may notify such third party service directly about alleged copyright violations. For all other copyright notifications, please provide our Copyright Agent with the following information: (1) a digital or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Services; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Pikurate, Inc.
Attn. Copyright Agent
745 Atlantic Ave. #361
Boston, MA 02111

We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate the account of any Pikurate User who repeatedly is accused of infringing copyrights.

Your Password

When you register, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password and all use of the account. You agree not to use the account or password of another User. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password

Security

We care about the security of our users. While we work to protect the security of your content and account, Pikurate can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

Termination

Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deactivation of your Pikurate account. Pikurate reserves the right to modify, suspend, limit or terminate the Services or your access to the Services for any reason, with or without notice, at any time, and without any liability or obligation to you. If we terminate your access to the Service or you deactivate your account, your Content and your posts, photos, comments, connections, followers, and all other data will no longer be accessible through your account, but your Content or other data may continue to exist within and/or be displayed via the Service. In addition, you acknowledge and agree that Pikurate may store Content removed from the Services, including, without limitation, in order to comply with certain legal obligations.

Availability

While Pikurate strives to make the Services as accessible and functional as possible, from time to time the Services may be interrupted, including, due to scheduled maintenance or upgrades, for emergency repairs, or due to a failure of equipment, servers or software, and/or due to issues with telecommunications services or providers. As a result, the Services and any Content may not always be accessible or reliable. You acknowledge and agree that the Services and any Content may not always be accessible, that you are not relying on the Services to store or backup your Content, and that Pikurate will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Disclaimer

THE SERVICES AND THE PIKURATE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PIKURATE NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “PIKURATE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PIKURATE CONTENT; (C) USER CONTENT; (D) THIRD PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PIKURATE OR VIA THE SERVICES. THE PIKURATE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PIKURATE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR ANY EQUIPMENT OR SOFTWARE THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PIKURATE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING OR ACCESSING THE SERVICE AT YOUR SOLE RISK. THE PIKURATE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PIKURATE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE PIKURATE PARTIES DO NOT ENDORSE ANY USER CONTENT OR THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitations

THE PIKURATE PARTIES WILL NOT BE LIABLE TO YOU FOR, AND YOU AGREE TO HOLD THE PIKURATE PARTIES HARMLESS FROM, ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT RESULT FROM OR ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SERVICE; (2) THE PIKURATE CONTENT; (3) USER CONTENT; (4) THIRD-PARTY CONTENT; (5) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE PERFORMANCE OF THE SERVICE; (6) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PIKURATE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (7) ANY ACTION TAKEN IN CONNECTION WITH RESPECT TO THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS OF OTHERS; (8) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (9) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT, EVEN IF FORESEEABLE AND REGARDLESS OF WHETHER THE PIKURATE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. IN NO EVENT WILL THE PIKURATE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PIKURATE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PIKURATE ACTS, OMISSIONS OR NEGLIGENCE, ANY SUCH DAMAGES, LOSSES OR INJURIES ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO INJUNCTIVE OR EQUITABLE RELIEF OR TO PREVENT ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PIKURATE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PIKURATE PARTIES.

Release

You hereby release us, our officers, employees, investors, agents, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from (1) any interaction you have with other Users, or (2) your participation in any of our offline events. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Indemnity

You agree to defend, indemnify and hold the Pikurate Parties harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your Content, your access to or use of the Services, your violation of any law or regulation, and your violation of these Terms of Service. You agree to cooperate in the defense of any claim to the full extent requested by Pikurate. Pikurate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Pikurate.

Other Users

Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that Pikurate will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users, Advertisers or other third parties.

Third Party Services and Partners

The Services may contain links to or integrations with third party websites, applications and/or services “Third Party Services” (1) displayed as part of the Services, (2) placed by us or third parties as a service to those interested in this information; or (3) posted by other Users. We may also place links or enable sharing or integration with Partner Communities or other Users. You use all such links and integrations at your own risk. To the extent such links or integrations are provided by us, you understand that they do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third Party Services or Partner Communities, or links or integrations from third parties back to the Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service or Partner Community.

Laws & Jurisdiction

These Terms of Service shall be governed in all respects by the laws of the State of Massachusetts without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Pikurate must be resolved by a court located in Suffolk County, Massachusetts, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts for the purpose of litigating all such claims or disputes.

Feedback

We value hearing from our users, and are always interested in learning about ways we can make Pikurate better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pikurate doesn’t waive any rights to use similar or related feedback previously known to Pikurate, or developed by its employees, or obtained from sources other than you.

Other Provisions

These Terms of Service constitute the entire agreement between you and Pikurate with respect your use of the Services and supersede and replace all prior or contemporaneous communications or agreements, written or oral, including any prior versions of the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights on any person or entity. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Pikurate. The provisions of these Terms of Service that by their nature are continuing will survive any termination.