Piklip INC. ("Piklip" or the "Company") is committed to protecting the privacy of your information. This Privacy Statement describes Piklip website & applications privacy practices, term of service and end user services.
By using Piklip websites or applications or using any of our Piklip Services, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
This Privacy Statement covers the information practices of Piklip websites & mobile applications referred to as (“Piklip”).
- Information Collected
Piklip website and applications offer a service (“Service”) that is collectively referred to as the "Service". Piklip collects information from individuals (“Customers”) who use the Piklip websites or applications when registering with Piklip Inc.to use its Services. When customers log in to the Piklip websites or applications. Piklip require you to provide your email address.
The information content you provide with the Piklip services like contact name and addresses, telephone, addresses, photos and records about you is not collected, stored and saved by the Company.
Piklip documents may contains your email, address, phone number, as well as certain non-identifying information.
We also automatically collect certain information when you use Piklip services, such as your Internet Protocol (IP) address, phone or tablet operating system version, Piklip session duration, App session start location type for analytical purpose.
- Use of Information Collected
The Company uses Data About Piklip Customers to perform the services requested. For example, if you fill out a "Contact Me, or send an email to Piklip, the Company will use the information provided to contact you about your interest in the Services. Piklip Inc. may also use Data About Piklip Customers for marketing purposes. For example, Piklip Inc. may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company and its partners, such as information about promotions or events.
We use the information collected through Piklip for the purposes described below:
- To provide our services or information you request, and to process and complete any transactions;
- To respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
- To monitor and analyze usage and trends, and to personalize and improve Piklip and your experiences when you use Piklip to increase the functionality and user friendliness of our services;
- To send you updates and support messages and otherwise facilitate your use of, and our administration and operation of, our services;
- Public Forums and Customer Testimonials
Piklip Inc. may post a list of Customers and testimonials on the Company's Web site that contain information such as Customer names. Piklip Inc. obtains the consent of each Customer prior to posting any information on such a list or posting testimonials
- Sharing of Information Collected
Piklip Inc. does not share Data About Piklip Customers. Piklip does not share, sell, rent, or trade any information provided with third parties for their promotional purposes. Piklip Inc. reserves the right to use or disclose Data About Piklip Customers if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company's rights and/or to comply with a judicial proceeding, court order, or legal process.
We will not share the personal information we have collected from you, except as described below:
• With other users on Piklip applications or website.
• With certain social networking services, if you allow such sharing through our services;
• With any other service providers;
We share aggregated information and non-identifiable information with third parties for industry analysis, demographic profiling and other similar purposes; when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
- Correcting and Updating Your Information
Customers may update or change their registration information when they access the Services, request to permanently delete Data About Piklip Customers will be handled within 30 days of a request.
Accessing and Modifying Your Information or Termination
If you have an account, You can deactivate your account by emailing us with subject “deactivate”. Deactivating your account remove your profile and permanently delete all your data from our database. When you deactivate your account, your profile information and Piklip document are deleted. If you want to delete your information and your account, please contact us with a request that we delete your account and information. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records and as otherwise required by law.
- What Steps Do We Take To Protect Your Information?
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
- International Users
- Export Control
Your use of Piklip services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
- Our Policy Toward Children
Our service is not directed to children under 12 and we do not knowingly collect personal information from children under 12. If we learn that we have collected personal information of a child under 12, we will take steps to delete such information from our files as soon as possible.
Piklip Inc. reserves the right to change this Privacy Statement. Piklip Inc. will provide notification of the material changes to this Privacy Statement through the Piklip Services.
- Contacting Us
- Intellectual Property Notices
The Service includes the copyrights and Intellectual property rights of Piklip and except for the limited license granted to you in Section 3, Piklip reserves all of its intellectual property rights in the Service. Piklip, the Piklip logos and other Piklip trademarks, service marks, graphics, and logos used in connection with Piklip are trademarks or registered trademarks of Piklip in the U.S. and/or other countries. Other trademarks and logos used in connection with Piklip may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We disclaim any legal liability for the quality, safety, or reliability of Piklip.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON PIKLIP OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR PIKLIP AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIKLIP DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIKLIP AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PIKLIP OR ANYTHING RELATED TO PIKLIP, YOU MAY CLOSE YOUR PIKLIP ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION (“Accessing and Modifying Your Information or Termination”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PIKLIP IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH PIKLIP TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. PIKLIP DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PIKLIP DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. PIKLIP DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PIKLIP DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PIKLIP DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PIKLIP SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
- Limitation of Liability
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither PIKLIP nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“PIKLIP Affiliates”) shall be cumulatively liable for (a) any damages in excess of two times what you paid for PIKLIP Application, if any, or US $10, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from PIKLIP. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
•Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
•Not apply to any damage that PIKLIP may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Delaware regardless of your country of origin or where you access Piklip, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Piklip agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Piklip agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims. Notwithstanding the above, you agree that Piklip shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Your Rights
If you follow this agreement, we grant you a limited right to use Piklip.
You will only access and use Piklip in the way this agreement allows you, on the condition that you comply with all your obligations under this Agreement.
We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Service, through your mobile device (but not through scraping, decrypting, crawling or other technology or software used to access data without the express written consent of Piklip or its Members), view information and use the Service that we provide with PIKLIP and in accordance with this Agreement. Any other use of PIKLIP contrary to its purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in PIKLIP and all related items, including any and all copies made of the PIKLIP applications.
- Misuse of the Services
PIKLIP may restrict, suspend or terminate the account of any Member who abuses or misuses the Service. Misuse of the Service includes abusing the PIKLIP services; creating false profiles; using the Service commercially without PIKLIP’s authorization, infringing any intellectual property rights, violating any other behavior that PIKLIP, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, PIKLIP has adopted a policy of terminating accounts of Members who, in PIKLIP’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Don’t undertake the following when using the Service:
• Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content;
• Create a Member profile for anyone other than a natural person;
• Attempt to use another's account or create a false identity;
• Upload, post, email, transmit or otherwise make available or initiate any content that:
• Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym;
• Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
• Adds content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field;
• Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”;
• Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality;
• Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
• Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property;
• Utilize or copy information, content or any data you view on or obtain from PIKLIP to provide any service that is competitive;
• Imply or state, directly or indirectly, that you are affiliated with or endorsed by PIKLIP unless you have entered into a written agreement with PIKLIP (this includes, but is not limited to, representing yourself as an accredited PIKLIP trainer if you have not been certified by PIKLIP as such);
• Adapt, modify or create derivative works based on PIKLIP or technology underlying the Service, or other Members’ content, in whole or part, except as permitted under PIKLIP’s developer program SDK;
• Rent, lease, loan, trade, sell/re-sell access to PIKLIP or any information therein, or the equivalent, in whole or part;
• Sell, sponsor, or otherwise monetize a PIKLIP Group or any other service or functionality of PIKLIP, without the express written permission of PIKLIP;
• Remove any copyright, trademark or other proprietary rights notices contained in or on PIKLIP, including those of its licensors;
• Remove, cover or otherwise obscure any form of advertisement included on PIKLIP;
• Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from PIKLIP except as expressly permitted in this Agreement.
Effective: January 1st, 2018