PickFu Terms of Service

Last Updated: April 30, 2024

PICKFU TERMS OF SERVICE

Please read these PickFu Terms of Service (the “Terms”) carefully. If you do not agree to all of the Terms, do not use this website or the services rendered herein. By using this website or the services rendered herein, you agree to abide by the Terms.

Summary of Terms

PickFu, Inc. operates PickFu, which we hope You (the “Customer”, “You”, or “Your”) use. If You use it, please use it responsibly. If You don’t, we’ll have to terminate Your account.

• For paid membership accounts, you’ll be charged on a monthly or annual basis. You can cancel anytime, but there are no refunds.
• You own the business data that you provide to PickFu and You’re responsible for keeping it safe.
• When posting content on PickFu, you retain existing rights to that content, and also grant PickFu the right to use that content for the purposes of providing and improving the service.
• These Terms, the Services (as defined herein), and our prices can change at any time. We will warn you 30 days in advance of any pricing changes. We will try to warn you about major changes to the Terms or the Services, but we make no guarantees.
• Polls are private, but accessible by anyone you share the URL with.
• If you configure your poll to be public, it will be listed in our public directory and search indexable.
• Purchased prepaid polling credit does not expire.
• Credit, polls, or responses that are gifted or earned through recurring subscriptions may expire. 
• PickFu cannot provide legal advice to You, and You are encouraged to seek legal counsel if You wish to do so in connection with Your use of PickFu.

That’s the basic idea, but you must read through the entire Terms and agree with all the details before you use any of our sites (whether or not You have created an account).

Terms Details

THESE TERMS ARE A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF THE PICKFU WEBSITE.

This Web site (including the services rendered by us and all content contained herein and/or provided therewith, the “Services”) is owned and operated by PickFu, Inc. (“PickFu”). Access and use of the Services is provided by PickFu to you on condition that you accept these Terms, and by accessing or using the Services, you agree to these Terms. If you do not agree to accept and abide by these Terms you should not access or use the Services.

PickFu may revise and update these Terms at any time and without notice. You are cautioned to review the Terms posted on the Services periodically. Your continued access or use of the Services after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

The Services are intended only for customers of PickFu.

You are specifically prohibited from:

1. downloading, copying, or re-transmitting any or all of the Services, or allowing allow any of the Services to be placed on any third party web site without, or in violation of, a written license or agreement with PickFu;
2. using any data mining, robots or similar data gathering or extraction methods;
3. adjusting, altering, modifying, deciphering, making derivative works of, disassembling, or reverse engineering the Services or any code or documentation furnished by us in connection therewith;
4. manipulating or otherwise displaying the Services by using framing or similar navigational technology;
5. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PickFu product or service if you are not expressly authorized by such party to do so;
6. using the Services other than for its intended purpose;
7. using the Services for any purpose not related to your business with PickFu;
8. using the Services in any manner which interferes with the performance or functionality of the Services.
9. interfering with the security of, or otherwise abusing the Services or any system resources, services or networks connected to or accessible through the Services;
10. gaining, or attempting to gain, access to secured portions of the Services to which you have not been granted access rights by us;
11. using the Services for purposes or in a manner that does not comply with any applicable law, statute, regulation, order or directive of any governmental entity; or
12. using the Services to solicit commercial activity directly to poll respondents, other than the solicitation of the submission of poll responses by poll respondents in a manner consistent with these Terms (such as, for example, using polls to market products directly to poll respondents).

Intellectual Property

All materials (including the organization and presentation of such material) contained in, used by, or displayed with the Services (the “Materials”) are the property of PickFu and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

As between PickFu and you, PickFu and its affiliates and licensors own and retain all rights in the Materials, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by PickFu and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of PickFu’s proprietary information. PickFu trademarks and service marks and other PickFu logos and product and service names are trademarks of PickFu (the “PickFu Marks”). Without PickFu’s prior permission, you agree not to display or use in any manner the PickFu Marks. Moreover any attempt to use any “spider”, “robot”, “bot”, “scraper” “data miner” or any program, device, algorithm, process or methodology to access, acquire, copy or monitor the Services or pages, data or content found on the Services for the purpose of scraping the Services or Materials without the prior consent of PickFu is expressly prohibited.

Unless you have entered into a separate agreement with PickFu any other use of the Materials without PickFu’s written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content (your “Content”) you submit, post or display on or through the Services, and you are responsible for protecting those rights, as appropriate; provided, however, that PickFu cannot provide legal advice to you in connection with (i) your ability to apply for intellectual property protection following the public disclosure of the Content, or (ii) respondents’ use of the Services and the Content you submit, post or display on or through the Services. You should seek legal counsel prior to submitting Content, specifically in the event you intend to seek intellectual property protection in connection with such Content at any point in the future.

By submitting, posting or displaying Content (text, video or content in any form) on or through the Services, you grant PickFu a worldwide, perpetual, non-exclusive, irrevocable, transferable, assignable, royalty-free license (with the right to sublicense) to create derivatives of and to use, store, edit, copy, reproduce, display, archive, reproduce, reprint, process, modify, such Content on the Services for the purpose of displaying, distributing and fulfilling our services to you. You represent that you have all necessary licenses, rights, consents and permission to provide your Content and to grant the foregoing licenses.

If you choose to make your poll available in our public directory, you agree that this license includes the right for PickFu to use such Content for promotion and make such Content available to other companies, organizations or individuals who partner with PickFu for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by PickFu, or other companies, organizations or individuals who partner with PickFu, may be made with no compensation paid to you with respect to Content that you submit, post, transmit or otherwise make available to us. Alternatively, you may choose NOT to make your poll available in our public directory, in which case that the foregoing license to PickFu shall not apply.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners, including but not limited to your inability to secure intellectual property protection of any Content following the public disclosure of such Content. You understand that, if you choose to make your poll available in our public directory, your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. PickFu will not be responsible or liable for any use of your Content by PickFu in accordance with this Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Privacy

PickFu is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Policy for further details.

Currency of the Services

PickFu updates the information on the Services regularly. However, PickFu cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Services. PickFu may revise, supplement or delete information, services and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

The Services may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that PickFu monitors or endorses these Web sites. PickFu does not accept any responsibility for such Web sites. PickFu shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Purchase Prepaid Credit

Prepaid polling credit can be purchased by registered members from the Pricing page on the Site. Credit can be purchased online with VISA, MasterCard, AMEX or Discover Card. Prepaid credit is nonrefundable. Prepaid credit that you have individually and directly purchased for cash will not expire. Credit, polls, or responses that you have received as an “add on” to a subscription, or have received as a promotion, gift or otherwise not purchased individually and directly for cash, may expire.

The price of prepaid credit purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information, you warrant that you are the cardholder and that the billing information provided by you is accurate. By approving the purchase of the product or service, you authorize PickFu to charge the designated credit card for the total amount of the purchase.

PickFu may store your credit card information to bill subscribers on a periodic basis, and you may elect to have PickFu store your credit card information for ease of checkout. PickFu shall safeguard such information in accordance with commercially accepted standards.

PickFu has an absolute prohibition against the use of the Services to solicit commercial activity directly to poll respondents (such as, for example, using polls to market products directly to poll respondents).  If you are found to have used the Services to solicit poll respondents in violation of these Terms, in addition to any other action or remedy PickFu may take under these Terms, you hereby agree that you will forfeit all prepaid credit you have purchased, for no consideration or refund of any kind.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to PickFu, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify PickFu immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to PickFu.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other PickFu member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree to abide by any rules of conduct, documentation, or community standards published by PickFu.

We value tolerance, understanding, and respect. We don't tolerate content that expresses hatred towards or attacks on any person, group and/or their protected characteristics (such as but not limited to age, race, ethnicity, gender, gender identity, sexual orientation, religion, or disability). You cannot upload this sort of hateful content on our site, or use the Services to generate or assess any such content.

Also, if we believe that your content falls into any of the below mentioned categories we reserve the right to block it:

• Content that promotes and praises individuals, groups or organizations that promote hate, or are involved in intentionally harmful activities.
• Content that promotes support for crimes associated with hate, violence, discrimination, or intolerance.
• Content that promotes harmful misinformation that is known to or may reasonably lead to violence or threats to the health and safety of the public.

Managing Content

PickFu does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, PickFu reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate these Terms or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded using your account. PickFu shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by PickFu to determine accepted content is done as a courtesy only.

PickFu respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, your work has been publicly disclosed without your permission, or your intellectual property rights have been otherwise violated, please provide PickFu with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the Services, including your agreement to these Terms, constitutes valuable, confidential, proprietary information of PickFu and its licensors, and you agree that during the term of these Terms and thereafter you shall not, without the express written consent of PickFu, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms or as required by applicable law.

For the purposes of these Terms, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of PickFu, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

This Section entitled “Confidential Information” shall survive the termination of these Terms.

Term and Termination

These Terms of Use are effective for so long as you access any Services, however, you may terminate these Terms with PickFu at any time by emailing info@pickfu.com or by such other means of written notice acceptable to PickFu which enables confirmation of your identity and your intention to terminate these terms. Notwithstanding such termination, certain sections or terms herein may, by their nature or express terms, survive such termination.

PickFu reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability.

PickFu may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

PickFu may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by PickFu.

Termination of your membership with PickFu does not relieve you of your responsibilities to pay any amounts due to PickFu under this Terms of Use or any other agreement entered into by and between you and PickFu. Termination of your membership shall operate without prejudice to the PickFu’s rights, defenses and limitations of liability provided under this Terms of Use (or any other agreement between the parties), which rights, defenses and limitations of liability shall survive termination of your membership.

Upon termination of your access to the membership portions of the Site, you agree to forfeit all purchase credits remaining in your account.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Services. Computer viruses or other destructive programs may also be inadvertently downloaded from the Services.

PickFu shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services or your downloading of any of the Materials from the Services. PickFu recommends that you install appropriate anti-virus or other protective software.

Services and Materials Provided "As Is"

THE SERVICES AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PICKFU DOES NOT REPRESENT OR WARRANT THAT: (i) THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;(ii) THAT THE USE OF THE SERVICES OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE MATERIALS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SERVICES, MATERIALS, OR SOFTWARE WILL BE CORRECTED.

This Section entitled “Services and Materials Provided "As Is”” shall survive the termination of these Terms.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL PICKFU OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO PICKFU HEREUNDER.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Section entitled “Limitation of Liability” shall survive the termination of these Terms.

Indemnification

You agree to defend, indemnify and hold harmless PickFu, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, "Losses") due to or arising out (i) of your access to the Services, use of the Materials, your Content, your violation of these Terms, or your willful misconduct, (ii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, and/or (iii) any breach by you or anyone acting on your behalf of any of these Terms.

This Section entitled “Indemnification” shall survive the termination of these Terms.

Notice and Procedure for Making Claims of Infringement

PickFu respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, your work has been publicly disclosed without your permission, or your intellectual property rights have been otherwise violated, please provide PickFu with a written communication including substantially the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property 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 email address;
5. a 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;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your letter to us, as follows:

PickFu, Inc.

548 Market St. #68790

San Francisco, CA 94104

Email

Feel free to email PickFu at info@pickfu.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. PickFu is not liable for any damages related to communications to or from the Services. You agree with respect to any information provided by you to us through the Services or via e-mail that:

• PickFu has no obligation concerning such information;
• the information is non-confidential;
• PickFu may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
• the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

The Services are controlled, operated and administered by PickFu from within the state of California, United States of America. The Services can be accessed from all states and jurisdictions within the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of California, by accessing the Services, you acknowledge and agree that all matters relating to access to, or use of the Services shall be governed by the laws of the state of California and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the state of California and acknowledge that you do so voluntarily.

This Section entitled “Applicable law” shall survive the termination of these Terms.

General

PickFu’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

This Terms of Use supersede all prior or contemporaneous negotiations, commitments, agreements and writings with respect to the subject matter hereof, all such other negotiations, commitments, agreements and writings will have no further force or effect. In the event of any conflict or inconsistency among the any other agreement or document and these Terms of Use, these Terms of Use shall control.

Notwithstanding the foregoing, these Terms may be subject to such addenda as the parties may enter into from time to time.

Contact

If you have concerns relating to the Services or these Terms of Use, please contact PickFu at info@pickfu.com.

© 2024 PickFu, Inc. All rights reserved. Terms of Use