Terms & Conditions

PIKAZO TERMS OF USE

WELCOME TO PIKAZO! The following terms and conditions (collectively, the “Terms of Use”), together with any other policies they reference (e.g., the Privacy Policy), govern your access to and use of this website and its mobile application and all content, functionality and services offered by the mobile application or its websites (collectively, the “Site”) offered by Pikazo, Inc., a Delaware corporation (the “Company”).

Please read the Terms of Use carefully before you use the Site and periodically revisit the policy to ensure you are aware of the terms of your use of the Site. BY USING OR ACCESSING THE SITE AND ITS FEATURES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND THE PRIVACY POLICY, FOUND AT http://www.pikazoapp.com/privacy/html, INCORPORATED HEREIN BY THIS REFERENCE. If you do not agree to these Terms of Use or the Privacy Policy, do not use or access the Site.

IMPORTANT – READ CAREFULLY: This is a legal agreement between you and the Company. By clicking the “I accept the Terms of Use” button when you join the Site or create an account through the Site, you agree to be and hereby are bound by the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you cannot create a user profile or account, upload content or interact with content or users through the Site.

CHANGES TO THE TERMS OF USE

The Company reserves the right to revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when revised Terms of Use are posted on the Site, and the changes apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Company.

Your continued use of the Site following the posting of revised Terms of Use serves as your agreement to the changes. You are expected to check this page periodically to remain aware of any changes, as they are binding on you.

ACCESSING THE WEB SITE AND ACCOUNT SECURITY

The Company or third parties granting rights to the Company hold all right, title, and interest in and to the materials on the Site, which are the copyrighted work of the Company or such third parties. The Company grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer, mobile device, or service where media you own is stored only for purposes associated with your interaction with the Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from the Site on any other server or Internet-based device without the advanced written authorization of the Company.

The Company reserves the right to withdraw or amend the Site, and any service or material provided through the Site, in its sole discretion and without notice to users. The Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. At times, the Company may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for:

Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection and/or your Site account are aware of these Terms of Use and the Privacy Policy and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current and complete. You agree that all information you provide to register with or use the Site or otherwise, including but not limited to through the use of any interactive features in the Site, is governed by these Terms of Use and the Privacy Policy http://www.pikazoapp.com/privacy/html, and you consent to all actions taken with respect to your information consistent with these Terms of Use and the Privacy Policy.

The user name and password assigned to you as part of the Company’s security procedures should be treated as confidential, and you should not disclose that information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.

The Company has the right to disable any user name, password or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of these Terms of Use.

BILLING

Users are responsible for the payment of all fees related to the use of the Site, even if the user closes his or her account through the Site. Users agree to provide valid credit card information, and agree, if and when applicable, to replace the information for any credit card that expires with information for a different valid credit card. Any users making payment with a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, your credit card order cannot be processed, the Company reserves the right to suspend your account until your payment can be processed. All purchases through the Site or other transactions for the sale of goods or services formed through the Site or as a result of visits made by you are governed by the specific terms of the sale agreement between you and the Company.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter or spam or any other similar solicitation.
To impersonate or attempt to impersonate the Company, its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To post or otherwise circulate any defamatory statements about other users or artists.
To copy any of the images, artwork, software, or text for any personal or commercial use other than uses provided for in the Site.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or its users or expose either or both to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the Company’s express prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
To circumvent, misappropriate or defame a work of art or any applicable copyright protection maintained by a work of art.
Otherwise attempt to interfere with the proper working of the Site.

USER MATERIAL

The Site may from time to time contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, share, publish, display or transmit to other users or other persons (hereinafter, “post”) text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other content or materials (collectively, “User Material”) on or through the Site. All User Material must comply with the Content Standards set out in these Terms of Use. The Site will allow you to convert your User Material into visual digital art (a “Pikazo”).

The Company does not claim ownership of any User Materials or your Pikazo that you post on the Site. The Company will not use any User Materials or your Pikazos without your express prior written consent.

In connection with User Materials and your Pikazo, you further agree that you will not: (i) submit, share, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit, share, or post material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, sexually suggestive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. The Company does not endorse any User Materials, your Pikazo or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with any User Materials or your Pikazo. The Company does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and the Company will remove all Content, User Materials and your Pikazo if properly notified that such Content, User Materials or Pikazo infringes on another's intellectual property rights. The Company may terminate your access to the Site if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Materials or Pikazos removed from the Site more than twice. The Company also reserves the right to decide whether Content, User Materials or your Pikazo is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Materials and your Pikazo and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at the Company’s sole discretion. If the Company terminates your access to the Site or your account or otherwise deactivates your account, your User Materials and your Pikazo will no longer be accessible through your account but your User Materials and your Pikazo might continue to appear on the Site.

CREATING AN ACCOUNT; UPLOADING ARTWORK AND USER MATERIALS

To join or create an account on the Site, you must be at least 13 years old. You will be required to establish a user account by creating a User ID and password or using the sign-in feature. Your User Material must be your original work and you cannot have received compensation for submitting, sharing, or posting your User Material on the Site. You acknowledge that you have the right to submit, share, or post your User Material and your Pikazos. You may withdraw or delete your submission after you post it to the Site as long as you maintain an active user account. Any User Material and Pikazos you post to the Site will be considered non-confidential and non-proprietary.

You represent and warrant that:

You own or control all rights in and to the User Material and Pikazos, and have the right to grant the License.
All User Material and Pikazos you post represents your authentic work.
All of your User Material and Pikazos do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Material and Pikazos you submit, share, post or contribute, and you, not the Company, have and will maintain full responsibility for such User Material and Pikazos, including its legality, reliability, accuracy and appropriateness.

You may not post User Material or Pikazos on the Site that you did not create or that you do not have permission to post. Users and other third parties may transmit or share User Material and Pikazos that you post by embedding User Material or Pikazos into other sites or otherwise share your post in which case your User Name or other identifying mark of the creator of the User Material and Pikazos should, but may not, remain visible in the thumbnail view. You understand that you are responsible to monitor your User Material and Pikazos and their use when shared, including but not limited to the management of copyright infringement of your User Material and ensuring attribution to the creator of the User Material. You understand that when you post User Material or Pikazos, you are solely responsible for adding any copyright statement or other restrictions of use of your post whether by use of a watermark or otherwise. You understand that the Company will not add any copyright statement to your post or any restrictions of use of your post whether by watermark or otherwise and that the Company will not be responsible for any loss or damages to you if you fail to properly copyright or otherwise protect your post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site content, User Material or Pikazos in its sole discretion, for any reason or no reason, including User Material or Pikazos that in the sole judgment of the Company violate this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The Company is not responsible, or liable to any third party, for the content, authenticity, accuracy or quality of any User Material or Pikazos posted by you or any other user of the Site.

CONTENT STANDARDS

These content standards (the “Content Standards”) apply to any and all User Material and Pikazos and the use of Interactive Services. User Material and Pikazos must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Material and Pikazos must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights including the rights of publicity and privacy of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy http://www.pikazoapp.com/privacy/html.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression it emanates from or is endorsed by the Company or any other person or entity.

PRIVACY

The Company’s Privacy Policy is available at http://www.pikazoapp.com/privacy/html. Except as otherwise may be described in the Privacy Policy, the User Material you provide is not confidential and the Company will not be liable for any use or disclosure of User Material. You acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit, share, or post User Material does not place the Company in a position that is any different from the position held by members of the general public.

REWARDS

Rewards and prizes received from the Site constitute taxable income for purposes of federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from the Site, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.

BLOGS

The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of the Company or any agent or employee of the Company. The Company is not responsible for the accuracy of any of the information supplied by bloggers. The Company is not responsible for any offense caused inadvertently through interpretation of grammar, punctuation, or language. Bloggers must only use the English language.

REGISTRATION

You may view User Material or Pikazos on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Company and select a screen name ("User ID") and password. You shall not create an account for anyone other than yourself. You shall not create an account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site secret and secure. You shall never use another user’s account without the other user’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

MONITORING, ENFORCEMENT AND TERMINATION

The Company and its representatives and agents shall have the right to:

Remove or refuse to post any User Material or Pikazos for any or no reason in its sole discretion.
Take any action with respect to any User Material or Pikazos deemed necessary or appropriate in its sole discretion, including without limitation such User Material or Pikazo deemed to (i) violate the Terms of Use, including the Content Standards, (ii) infringe upon any intellectual property right or other right of any person or entity, or (iii) threaten the personal safety of users of the Site or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, the Company shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

The Company cannot review all User Material or Pikazos before they are posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action, delay, or inaction regarding transmissions, communications or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance, delay, or nonperformance of the activities described in this section.

If you believe that any User Material or Pikazo violates your copyright, please notify the Company at admin@pikazoapp.com. It is within the Company’s discretion to terminate user accounts.

RELIANCE ON INFORMATION POSTED; ART GENERALLY

The information presented on or through the Company is made available solely for your use of the Site. The Company does not warrant the accuracy, completeness or usefulness of this information or any of the material posted by the Company or its users. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user of the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You acknowledge and agree that the Site encourages freedom expression through the creation and use of digital artwork, and that any determinations of beauty, appropriateness, or other determinations with respect to content on the Site are in the “eye of the beholder.”

CHANGES TO THE SITE CONTENT

The Company may update the content available on the Site, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and the Company is under no obligation to update such material.

INFORMATION COLLECTED FROM THE SITE USERS

All information collected through the Site is subject to the Privacy Policy http://www.pikazoapp.com/privacy/html. By using the Site, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

LINKING TO THE COMPANY AND SOCIAL MEDIA FEATURES

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage the Company or the Company’s reputation or take advantage of the same, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by the Company without express written consent.

The Company may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Site.
Send e-mails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
Share your Pikazo.

You may use these features solely as they are provided by the Site, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions the Site provides with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with the Company in causing any unauthorized framing or linking immediately to cease. The Company reserves the right to withdraw linking permission without notice. The Company may disable all or any social media features and any links at any time without notice for any or no reason.

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY WEBSITES

In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or other users or sponsors of the Site or the Company. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party, including all payments and claims (of any kind or nature including claims of identity theft or unauthorized transactions) relating to payment therefor. You hereby acknowledge that payments are not being directly paid to the Company, but rather through a third party credit card processing agency. You agree that the Company has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit card, Paypal, or other types of payments from you.

The Company and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to the Site.

The Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by the Company. Such links do not constitute an endorsement by the Company of any such websites. You acknowledge that the Company is providing these links to you only as a convenience, and you agree that the Company is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Site, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

You agree that the Company shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals, including, without limitation, loss or damage resulting from shipping goods via third party shipping providers. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release, indemnify, and hold harmless the Company, its agents, employees, successors and assigns, from any and all liability associated with or resulting from such dispute.

INACCURACIES OR ERRORS

The User Material, your Pikazo, descriptions, pictures and other representations of products, places, or other photographed content on the Site may contain inaccuracies and errors. The Company does not make any warranty or representation with respect to the accuracy or completeness of any such information.

TRADEMARKS AND IMAGES

The trademarks, logos, and service marks, including those products denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on the Site are registered and unregistered trademarks of the Company, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, the Company or its affiliate has obtained permission from such third party to use the third party Trademark and/or Image on the Site. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of the Company, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the Site and in its contents, except as provided in these Terms of Use, is strictly prohibited. You are advised that the Company will aggressively enforce its own intellectual property rights in the Site and its contents to the fullest extent of the law, including by seeking criminal sanctions.

DISCLAIMER OF WARRANTIES

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE, SOFTWARE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, LICENSEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING THE CREATION OF YOUR PIKAZO, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

Submissions of art and unauthorized use of any materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold the Company and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions of artwork or comments relating to artwork) violates any applicable law or regulation, or the rights of any third party.

GOVERNING LAW, JURISDICTION AND RESOLUTION OF CLAIMS

All matters relating to the Site, the Company, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

The Company controls and operates the Site from its headquarters in the United States of America and makes no representation that the content, goods, or services are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies, or other entities located in the United States of America. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in the City of St. Louis or the courts of the State of Missouri located in the County of St. Louis although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and the Privacy Policy constitute the entire agreement between you and the Company with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS

Please send any comments, questions, or concerns to admin@pikazoapp.com.

Last Modified: June 2016

PIKAZO TERMS OF USE

​​