The Application is made available to you, as an individual person, non-exclusively by Pick1 (“Doochoo Inc.”) at no charge via an Internet connection provided by you.
The Application and any related software, documentation, content or other materials provided by Pick1 in connection with the Application are owned by Pick1 or a third party supplier, and are copyrighted and licensed, not sold. Transfer of your rights under this Agreement is not permitted.
You are authorized to use the Application and associated content for your own personal use for informational purposes only. The Application is not intended to be used for productive or commercial purposes, and such use is not permitted.
The Application relies on Twitter® or Facebook® content. Twitter® or Facebook® content, which may include profile information associated with Twitter® or Facebook® IDs, is neither owned nor controlled by Pick1 or its suppliers, and Pick1 and its suppliers do not license or otherwise provide any rights in the content.
Content may include materials that are illegal, inaccurate, misleading, indecent, or otherwise objectionable. Pick1 or its suppliers have no obligation to review, filter, verify, edit or remove any content. However, Pick1 or its suppliers may, at their sole discretion, do so.
Pick1 is not responsible for any Twitter® or Facebook® content that may have been modified or removed on the Twitter® or Facebook® website. By providing Pick1 your personal Twitter® or Facebook® ID, you are consenting to Pick1’s use of your Twitter® or Facebook® information within the Application. You are prohibited from uploading the Twitter® or Facebook® ID of any other person or party.
Your use of the Application is also subject to Pick1’s Online Application Privacy Statement https://pick1.com/privacy/
The Application may be unavailable during maintenance scheduled determined by Pick1, and other scheduled or non-scheduled downtimes may occur. Either party may terminate use or access to the Application at any time.
You are responsible for your use of the Application and associated content and the results obtained from their use. You are also responsible for any information, data or other materials (“User Materials”) that you submit or provide in connection with the Application, including ensuring that you have all necessary authorizations to permit Pick1 and its subcontractors to use, host, cache, record, copy and display such User Materials without charge.
Pick1 has no responsibility for the User Materials that you submit or provide in connection with the Application. All User Materials which you submit or provide to the Application or to Pick1 are non-confidential.
The Application source code is available for download under a separate URL that contains associated license terms.
The Application and associated content are provided “AS IS”, with no warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.
Pick1 and its affiliates and suppliers will not be liable, under any contract, tort, strict liability, or other theory, for any direct, special, punitive, indirect, incidental, or consequential damages, including, but not limited to, loss of or damage to data, loss of anticipated revenue, profits, savings, or goodwill, work stoppage or impairment of other assets, whether or not foreseeable and whether or not you have been advised of the possibility of such damages.
You are responsible for compliance with any applicable laws and regulations which may govern your accessing and use of the Application.
It is Pick1’s policy to respect the intellectual property rights of others. To report the infringement of copyrighted material.
The laws of the State of Delaware, excluding its conflicts of laws rules, govern this Agreement and your use of the Application. Pick1 wants to know what you think about the Application and how Pick1 can make them better. You can do this by providing your comments and feedback via online forums or other submission vehicles which Pick1 makes available to you. By providing your comments and feedback to Pick1, you authorize Pick1 to publish and display them and to use them in the development and enhancement of its products and Application.
The foregoing is the complete agreement between you and Pick1 regarding your use of the Application and replaces any prior communications related to such use.