PickTheChick.com Terms and Conditions of Use
NOTICE: THESE TERMS AND CONDITIONS OF USE (“Agreement” OR “Terms”) ARE A BINDING CONTRACT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU WILL NOT ACCESS OR ATTEMPT TO ACCESS THE SITE IN ANY WAY THAT IS NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT. IF YOU ARE UNABLE TO MAKE A BINDING CONTRACT OR DO NOT AGREE TO THESE TERMS YOU CANNOT ACCESS THIS SITE. ANY USE IN VIOLATION OF THESE TERMS WILL BE CONSIDERED “UNAUTHORIZED” AND SUBJECT TO ANY AND ALL REMEDIES AT LAW.
This Agreement defines the relationship between our site, pickthechick.com (“PickTheChick” or “Site”) and you, the visitor. If you view, browse, register, become a member or user, or interact with any part of the site you do so knowing that you are bound by this Agreement. For your benefit we have provided several details of this Agreement of which you must agree that:
For the purposes of this Agreement, we may sometimes use words like “we,” “us,” “our,” “Site,” or “website,” or references in the plural which all refer to PickTheChick. In certain instances we may also use “you,” “your,” “user”, “members” or “that person over there,” which means any member, user, or visitor, whether they are an individual, entity, government, or robot, as well as any employees, agents, contractors, or directors of yours and whether they have registered with the Site or are viewing the Site.
1. RESTRICTIONS AND REQUIREMENTS
In order to visit, view, interact with, or become a member of this Site you must be of legal age. Legal age is intended to have the meaning of the age of majority in your state or country that would allow you, if not otherwise prohibited by law, to view or interact this Site and enter into this binding Agreement.
In addition to the age requirements for viewing the Site or contracting with the Site you also may not access, view, or interact with the Site or with any member or user of the Site if you are a citizen of, located in, utilize a Virtual Private Network (VPN) or server located in, or are bound to comply with the laws of any of the following countries: Afghanistan, Albania, Angola, Antigua, Argentina, Armenia, Barbados, Bolivia, Bulgaria, Cambodia, Canada, Croatia, Cuba, Dominican Republic, Dominica, Egypt, France, Grenada, Haiti, Iceland, India, Iran, Iraq, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, North Korea, South Korea, Liberia, Lithuania, Malaysia, Malta, Norway, Pakistan, Philippines, Romania, Rwanda, Saudi Arabia, Senegal, Singapore, Syria, Slovenia, South Africa, Sweden, Thailand, Uganda, and United Arab Emirates.
The above list is not exhaustive and is intended to include any other jurisdiction that would define the access, viewing, interaction with, or distribution of any portion of this Site as a violation of law, rule, or community standard.
Those who do not meet the above criteria must leave immediately and inform of us your noncompliance so that we may keep a record of it.
2. RULES OF CONDUCT
When using, accessing, visiting, viewing, or interacting with any member, you agree that:
The violation of this Agreement by you or others may result in your privileges being suspended and you being banned from the Site. However, the termination of your privileges does not require us to remove any User Content that you may have submitted to us.
3. CONTENT OF THE SITE AND USER CONTENT
This Site may contain material that you, or others within your general vicinity when viewing this Site, may find to be “objectionable”. Some materials may be explicit and by viewing the site you accept this Agreement and consent to the transmission of any materials, whether explicit or not, to you via the Site. Furthermore, PickTheChick is a Site built using User Content, meaning content or information that is transmitted or posted in authorized areas by users of the Site.
In providing User Content to us, or when interacting with other members of the Site, you agree to only provide truthful and accurate information and will be responsible for any actions or disputes that may arise in connection with having done so. By providing User Content you warrant, represent, and agree that it is not infringing on any intellectual property rights or invades the privacy of another, and that you are automatically granting to us, our affiliates, or trusted partners, an unlimited, perpetual, nonexclusive, irrevocable right to use, transmit, display, create derivatives of, or sell or grant the same right to one or more third parties without prejudice or compensation to you.
You also understand and agree that PickTheChick does not create any User Content, nor does it endorse, represent, guarantee or verify the accuracy of any User Content or other information that may be provided during interactions between members or users of the Site. PickTheChick reserves the right, but is not obligated in any way, to edit, monitor, review, or remove User Content or other materials. Any such action on the part of PickTheChick will be done at its sole discretion, without notice, and binding on the party to whom the action is directed.
You agree that you are responsible for, and will indemnify PickTheChick its employees, agents, vendors, affiliates, members, directors, officers, or advertisers for any disputes, investigations, actions, or liability that may arise as a result of your use of the Site, including but not limited to the User Content that you submit. You agree that we are not responsible for any loss, damage, or prosecution that may occur as the result of your actions or interactions with the Site or members.
4. REGISTRATION; FEES
Some sections of our Site may require you to become a registered user or member in order to view them or have access to specific functions of the Site. In registering for an account for yourself, or for another that you have legal authorization to register on their behalf, you agree that you will provide accurate and truthful information and continue to provide accurate and truthful information. If any section of the site requires that you pay a fee to access it, you agree to pay the fee to access that portion and will not provide that information, including your account information, to any other person or cause to be posted information about a restricted portion of the site to any website. If your use of the Site is terminated because of any breach of this Agreement, you will forfeit any rights to any refunds. We reserve the right to refund if you cancel in our sole discretion. We may also change any of the fees and charges on the Site at any time. Any trial offers, refunds, or billing information may be updated or have the terms changed and it is your responsibility to review those changes.
5. TERMS OF AGREEMENT
This Agreement will remain in full force at any time you use, access, view, or interact with the Site or any of its members and shall remain in full force unless and until your access is terminated. Any sections that require certain actions or limit your rights and/or remedies will remain in full force even after the termination of this Agreement.
6. THIRD PARTY SITES; LINKS; INTERACTIONS
You may find on the Site content from third parties, who may or may not be members, and may include User Content, images, information, telephone numbers, messages, or advertisements. In addition, you may also find links to third party sites or advertisements. By virtue of interacting or viewing this Site you agree that we are not responsible in any way, shape, or form for any contact or interactions between members or users that may be the result of the display of information or through an advertisement. Any applications or messaging systems that may be provided by the Site is merely as a convenience to members and is not intended to facilitate any interaction or communication, whether directly or indirectly, between users or members. Whether or not theses services are provided, you agree that all communications may not be private and may be accessible by other parties, whether or not they were the intended recipient of such message or communication.
You understand that we do not (nor are we obligated to) review or monitor everything on the Site including User Content. If you take any action in furtherance of communicating with any member or advertisement via email, instant message, telephone, or otherwise you are doing it at your sole risk.
7.1 COPYRIGHTED CONTENT AND INFRINGEMENT
By posting User Content on the Site, you agree that you have the authority to do so and that you are not infringing on anyone else’s rights as a result of doing so. You agree that any content you provide to us is done so with the understanding and agreement that you are granting us an irrevocable, worldwide, sublicensable, perpetual license to use that content in any medium.
We do not allow copyright infringement to occur on our site. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact us via email email@example.com
The DMCA notice should identify the name of the copyright owner and, if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our Site, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is acceptable.
Please note, 17 U.S.C. 512(f) imposes liability on those who may want to try and file a false or fraudulent DMCA notice in an attempt to remove Use Content or other content from the Site. We will not tolerate fraudulent DMCA notices, and will seek every remedy available to us to protect ourselves from these including seeking damages and attorneys’ fees arising from anyone who submits such a notice, and their accomplices.
7.2 TRADEMARKS; PROPRIETARY RIGHTS; AND TRADE DRESS
All marks or materials of the Site are the property of PickTheChick and its subsidiaries or affiliates. You may not use or copy any portion of this site, including this Agreement, without our express written permission. You may print a copy of these terms for your records with the understanding that this Agreement may change from time to time. Any intellectual property rights of others that are located on the Site are the property of their applicable owners and are protected by the intellectual property laws of their jurisdiction of domicile.
By using or viewing the Site you are granted a limited, revocable, non-exclusive license to use the Site but only in accordance with this Agreement. You are not allowed to remove or reproduce this Site, including the look and feel of the site. Any violations of these provisions will be enforced against you at the fullest extent by us or the intellectual property holder.
Use of the Site may expose you and others to liability whether or not you knew, had notice of, or actually interacted with the Site in any way. Acceptance of this Agreement is conditioned upon your covenant to indemnify, defend, release, and hold harmless PickTheChick, its members, officers, employees, advertisers, vendors, agents, partners, affiliates, or other members for any costs, liabilities, legal fees, losses, taxes, judgments, liens, or damages that may be incurred in connection with your use of any part of the Site, by way of interaction with any user or member, or for any disputes that allege facts or circumstances surrounding your breach of this Agreement. You further agree to indemnify us for your failure to comply with this Agreement, including any negligent or intentional wrongdoing by anyone who uses your account. In the event you are required to indemnify us we may, at our sole discretion, have the right to control the action or proceeding including the chosen council and if/how to settle any matter.
9. DISCLAIMERS; LIMITATIONS ON LIABILITY; WARRANTY; TIME TO BRING ACTION, LIQUIDATED DAMAGES
YOU HEREBY REPRESENT, WARRANT, COVENANT, PROMISE, AND AGREE THAT:
10. DISPUTE RESOLUTION
Choice of Law
You agree that the provisions of this Agreement, and any breaches of it, are deemed to occur in Belize. The laws which apply to this Agreement are those applicable in Belize. Nonetheless, PickTheChick reserves the right to enforce any violations of its intellectual property in the jurisdiction it believes the infringement is taking place. This “Choice of Law” provision ensures that we have uniform dealings with all of our users, regardless of their individual locations.
Attorneys’ Fees and Costs
The prevailing party in any dispute, whether resolved via litigation, arbitration, or negotiations, shall be entitled to its reasonable attorneys’ fees and costs.
If the provisions of this Agreement governing alternative dispute resolution are prohibited by law, you agree to resolve the dispute in a court of competent jurisdiction within BELIZE..
Failure to Comply
We support your right to take legal action against us in a manner consistent with applicable laws and this Agreement. However, if you bring a lawsuit or arbitration action in any manner other than that described as acceptable by this Agreement, you agree to pay for our reasonable attorneys’ fees related to having the lawsuit or arbitration action dismissed, plus any liquidated damages for having breached this provision.
No delay in enforcing our rights, or decision not to enforce our rights in a particular case, shall be indicative of our waiver of our right to enforce that right or any other right in the future.
International Disclaimers and Applicability
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded and therefore this Agreement as well as any actions or disputes that may arise because of it or the Site will not be governed by it. You also agree that any data or information that is collected is deemed to have been done within the State or Country of Belize and therefore any laws regarding privacy, the collection of or transfer of data is to be governed solely by that jurisdiction.
11. FORCE MAJEURE
Certain external events beyond our control may arise which affect our ability to perform our contractual obligations through no fault of our own. These events include acts of God almighty, natural disasters, wars, insurrections, riots, acts of terror, pestilence, plague, communications failure, infrastructure interruption, labor shortage or strike (lawful or unlawful), changes in laws that restrict or prohibit access to this Site, or any other event which interferes with our ability to perform our obligations. In such cases, you agree that we are not bound by this Agreement to the extent that it would be impossible or create a hardship, including loss of profit, for us to comply with the Agreement.
12. AMENDMENT AND ASSIGNMENT
We may amend this Agreement from time to time. You must review this Agreement each time you visit the Site as a condition of your continued us of the Site. You agree, through your continued use of the Site, to all of the amendments made to this Agreement. You will not transfer, assign, or delegate your obligations or benefits under this Agreement to any third party without our express written approval.
13. CONSTRUCTION; SEVERABILITY
If any provisions of this Agreement are determined to be invalid or otherwise unenforceable by a court of competent jurisdiction, the invalidity of the provision(s) will not affect the validity of any other provision(s) in the Agreement and the remainder of the Agreement shall remain in full force as though the Agreement had been assented to without the invalid or otherwise unenforceable provision.
Paragraph headings are meant for ease of reference only and have no binding effect or value in relation to the interpretation of the provisions within a paragraph. A provision is not invalid by reason of the fact that it is not fully described in a paragraph heading.
If any provision of this Agreement is held to be unenforceable for any reason, then any remaining provisions shall still be valid and enforceable.
14. TERMINATION/DEACTIVATION OF YOUR ACCOUNT
PickTheChick reserves the right to terminate, suspend, and blacklist any IP block from using or viewing any part of the Site, as well as the deactivation of any account of any member without notice or liability, and in its sole discretion. Once terminated, you will cease interacting with any member of the Site and will not attempt to circumvent any access controls or use any other members account to access the Site.
PICKTHECHICK WILL COMMUNICATE WITH YOU BY EMAIL OR BY POSTING NOTICES ON THE SITE. BY AGREEING TO THESE TERMS YOU CONSENT TO RECEIVING SUCH COMMUNICATIONS, INCLUDING SEXUALLY ORIENTED MATERIALS, AND THAT THEY WILL SATISFY ANY LEGAL REQUIREMENTS IN YOUR JURISDICTION THAT REQUIRE A “WRITING”. YOU WILL BE CONSIDERED TO HAVE RECEIVED ANY SUCH NOTICE AFTER IT HAS BEEN SENT BY US WHETHER OR NOT ACTUALLY READ BY YOU. THESE REQUIREMENTS ONLY PERTAIN TO PICKTHECHICK, AS ANY NOTICE TO US THAT ARE INTENDED TO HAVE ANY LEGAL EFFECT MUST BE SENT TO US AT firstname.lastname@example.org
We reserve the right to use the info provided by providers for posting ads in other websites.