These Terms apply to visitors and registered users of the Services and are legally binding terms. By accepting these Terms or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Service and must leave this website.
Welcome to www.pick1.com, an innovative opinion platform offered by Doochoo, Inc. ("Doochoo," "we," "us," or "our"). By accessing this website, you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions ("Agreement") which also set forth your conditions of use as a registered user of our service ("Service"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
You must be at least thirteen (13) years old, or at least the minimum legal age in the jurisdiction from which you are viewing our website, in order to access or use the Service. You cannot access or use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content. You must not modify, adapt, or hack into this website or modify another website so as to falsely imply that it is associated with this website. You must not transmit any worms or viruses or any code of a destructive nature. You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
In order to use our Service, you are required to register by setting up a Doochoo account, where you can manage and publish your content and advertising. In order to register, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You will be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Doochoo is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account at any time. If you violate this Agreement, we may, at our sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that we believe is appropriate.
Subject to this Agreement, and except for content provided by Users, or linked to or from an external source, all other information and materials that appear as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, ("Intellectual Property")) are the property of Doochoo, Inc. The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by Doochoo, Inc., you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part. Except for that information which is in the public domain or for which you have been given written permission to use or publish, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.
The Service will give Users the opportunity to publish and/or link User comments and opinions. Users are permitted to publish such content only as part of the Service and hereby grant to Doochoo a perpetual, irrevocable, royalty-free license to publish, edit, copy, assign, license, transfer, syndicate, sell or otherwise use such User comments and opinions.
Third party content that you link or publish belongs to such third parties as applicable. Doochoo respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act ("DMCA") regarding such rights. By submitting any materials or photographs through this website, (1) you are granting permission to have this material posted this website, and (2) you are representing that you are the rightful owner of the submitted material and that no other person or entity may claim rights to such material. Doochoo reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Doochoo may have under law or contract. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: Doochoo, Inc., c/o Buchalter Nemer, 333 Market Street, 25th Floor, San Francisco, CA 94105, attn. Matteo G. Daste, Esq.
You are hereby granted a non-exclusive license to view the content on the website, but only while accessing the website. Except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website. Permission to use the Service terminates automatically if you breach any of the terms and conditions of this Agreement. You agree that you are only authorized to visit, view, and retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the website for any purpose, unless specifically authorized by Doochoo. If Doochoo authorizes you to deep-link a website or a service offered by your website to Doochoo, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Doochoo has no obligation to continue to provide or make the Service available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Service remain in effect; (3) all intellectual property rights relating to Doochoo and its technology, including all ownership rights, remain the exclusive property of Doochoo; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Doochoo may terminate at any time in its sole discretion your use of the Service.
You shall not use the Service for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (to the extent protectable) confidential ideas. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Doochoo reserves the right, but not the obligation, to refuse to post or to remove any User content or a linked source if it contains or features any of the following unacceptable content: Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech); References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.); Messages commenting on other users; Content that contains personal attacks or describes physical confrontations and/or sexual harassment; Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter; Language that violates the standards of good taste or the standards of this website, as determined by Doochoo in its sole discretion. Content determined by Doochoo to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity; Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures; Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Doochoo at firstname.lastname@example.org.
Although Doochoo cannot monitor the conduct of its users off the website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
You agree that monetary damages may not provide a sufficient remedy to Doochoo for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
THE WEBSITE CONTAINS, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DOOCHOO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOOCHOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOOCHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOOCHOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOOCHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to indemnify, defend, and hold harmless Doochoo, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website and/or software. Doochoo reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Doochoo in asserting any available defenses.
Doochoo reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement, the Service and the website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Service.
In the event your access to the Service is terminated, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Doochoo shall not be liable to you or any third-party for any termination of your access.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to the use of our Service. Use of our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Service.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final Agreement regarding our Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to such Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: October 15, 2010
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