Terms Privacy

Pick1™ – Terms of Sevice (“TOS”)

Last modified: July 15, 2014

This Pick1 service agreement (“Agreement”) is a legal document that explains your rights and obligations as a subscriber of the Pick1 services. Please read it carefully.

1. Registration and Activation

Pick1 is a service (“Service”) offered by Pragmatic Solutions, Inc. (“Pragmatic”). By installing Pick1 and registering and activating your account you become a subscriber of Pick1. As a Subscriber you may obtain access to certain services, and are deemed to have entered into a contract between You and Pragmatic as soon as you access Pick1 after accepting this Agreement.

This Agreement allows you access to certain services, software and other content under the terms of this Agreement. Additional terms provided may apply to the use of a given service and any updates shall be posted within Pick1. As a Subscriber, you agree to all of the terms and conditions of the Privacy Policy, which are also incorporated into this Agreement, a copy of which is located at Pick1 – Privacy Policy.

When you register on Pick1 and activate your account ("Account"), you are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Pick1 that results from use of your login credentials. You may not sell or charge others for the right to use your Account, nor is your Account transferable.

  • You must be at least 13 years old to use the Service.
  • You shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
  • You represent that all information you provide or provided upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  • You agree that you will not solicit, collect or use the login credentials of other users.
  • You are responsible for keeping your password secret and secure.
  • You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  • You shall not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content including but not limited to, copyright laws.
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  • You shall not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
  • You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Service users.
  • You shall not use domain names or web URLs in your username without prior written consent from Pick1.
  • You shall not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  • You shall not create accounts with the Service through unauthorized means, including but not limited to, use of an automated device, script, bot, spider, crawler or scraper.
  • You shall not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these TOS.
  • Violation of these TOS may, in Pick1's sole discretion, result in termination of your account. You understand and agree that Pick1 cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these TOS, or otherwise create risk or possible legal exposure for Pick1, we can stop providing all or part of the Service to you.

2. Licenses

You are hereby granted and You accept a limited, non-exclusive license to Pick1 that may be terminated subject to the terms within this Agreement. Use of Pick1 is for personal use in accordance with this Agreement, and use of Pick1 is licensed, not sold. Your license confers no title or ownership in the software.

You are additionally granted a limited, terminable, non-exclusive license to reproduce and distribute an unlimited number of exact copies of the Pick1 software via download; provided that the following conditions are met:

  1. Pick1 is redistributed in its entirety;
  2. You may not modify Pick1 in any way or integrate or combine with another program(s);
  3. You must redistribute Pick1 on a non-commercial basis, and may not charge a fee or receive any compensation for your redistribution;
  4. This Service Agreement and the accompanying Privacy Policy and End User License Agreement (“EULA”) shall be included with all version of Pick1.

You understand that for reasons that include, without limitation, system security, stability, and multiplayer interoperability, Pick1 may need to automatically update, pre-load, create new versions or otherwise enhance Pick1 and accordingly, the system requirements to use Pick1 may change over time. You understand that neither this Agreement nor the terms associated with a particular Subscription entitles you to future updates, new versions or other enhancements of Pick1.

  1. New Versions
  2. You are not required to use new versions of Pick1, but You acknowledge that certain services may not operate properly without the current version of Pick1 running on your mobile device.

  3. Restrictions
  4. You are entitled to use Pick1 for your own use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of Pick1 to other parties in any way, nor to rent, lease or license Pick1 to others without the prior written consent of Pragmatic.

    You may not use data produced via Pick1 for commercial purposes without the express written consent of Pragmatic.

3. Leverage

Use of Pick1 may also grant you access to the Leverage software development kit (“SDK”). a. Restrictions You may only use the SDK in the manner to which it is intended, and may not copy, modify, decompile, reverse engineer or in any other way interfered in the proper use of the SDK. Failure to comply shall result in the revocation of license and may deem Pick1 inoperable. b. Commercial Use If you are interested in Leverage SDK for commercial purposes, please contact info@pr-sol.com.

4. Ownership

All rights, title, and ownership to the intellectual property of Pick1 and any and all copies thereof are owned by Pragmatic Solutions, Inc. and/or its licensors. All rights reserved, except as expressly stated herein. Pick1 and Leverage are protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. • The Pick1 name and logo are trademarks of Pick1, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pick1.

5. Rights

  • Pick1 does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Pick1 a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
  • Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pick1 may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  • You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  • The Service contains content owned or licensed by Pick1 ("Pick1 Content"), and is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Pick1, Pick1 owns and retains all rights in the Pick1 Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Pick1 Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Pick1 Content.
  • Although it is Pick1's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  • Pick1 reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Pick1, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Pick1will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
  • You agree that Pick1 is not responsible for, and does not endorse, Content posted within the Service. Pick1 does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these TOS, you may bear legal responsibility for that Content.
  • It is Pick1's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Pick1 does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Pick1 is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

6. Reporting Copyright and Other IP Violations

  • We respect other people's rights, and expect you to do the same. If you feel there is a copyright violation, please contact us.
  • We provide you with tools to help you protect your intellectual property rights.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

7. Authorized Providers

You may download Pick1 from authorized Pick1 Providers such as iTunes. In the event that Pick1 provides links to any of these Provider web sites, you are on notice that you may incur separate obligations unrelated to Pick1 and Pragmatic makes no representations or warranties either express or implied regarding any third party sites.

8. Free Subscriptions

In the event that You are offered a free subscription to Pick1 by Pragmatic, You would still be responsible for any and all service fees such as Internet connection fees, telephone charges or Licensing Fees associated with using Pick1 or its services.

9. Third Party Sites

In the event that you are directed to a third party site, you should check the Terms of Service and Privacy Policy Agreements on those sites, and you are solely responsible for compliance and agreement with such terms.

10. Merchandise

Pragmatic may from time to time offer items (ie; apparel, virtual goods, books, etc…) other than software content and services for purchase via Pick1 ("Merchandise"). Pragmatic may offer Merchandise together with or separate from Subscriptions, but such Merchandise is incidental to Subscriptions and the purpose of Pick1. All offers to purchase Merchandise via Pick1 are made and accepted subject to the terms and conditions of this Agreement.

Prices are subject to change at any time without notice. Charges for shipping, handling and tax may not be included in displayed prices for Merchandise but will be displayed during the purchase process, although such displayed prices may not include all taxes, duties, and other fees that you may be obligated to pay to applicable government authorities. Shipping and handling charges displayed on Pick1 may or may not reflect the actual charges paid by Pragmatic.

You must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any Merchandise purchase in any country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you (i) as a result of purchasing Merchandise or the payment of any fee, (ii) that are required or permitted to be collected from you by Pragmatic under applicable law, and (iii) that are based upon the amounts payable under this Agreement, must be remitted by you to Pragmatic. Failure on Pragmatic's part to invoice you for any such taxes does not relieve you of the liability to pay such taxes. You will promptly reimburse Pragmatic for all taxes or other charges imposed upon Pragmatic by any national, state or municipal government upon the sale, use, production, or transportation of Merchandise.

  1. Shipping & Risk of Loss
  2. This is a shipment contract. All Merchandise will be shipped FOB Westlake Village, California, unless otherwise designated in connection with a particular order. If you are an international customer, you acknowledge that Merchandise will be shipped from the United States and that you are responsible for any applicable import duties, customs fees, and taxes. Pragmatic's liability as to delivery ceases, and title and risk of loss for the Merchandise will pass upon Pragmatic's delivery of the Merchandise to a transportation carrier at the designated shipping point. No items may be picked up from Pragmatic’s offices unless approved in advance, and You assume all responsibility for risk of loss or damage in that event.

  3. Acceptance/Rejection/Returns
  4. The terms of this Section do not apply to European Union consumers. You will have a period of thirty (30) days after the date of receipt of any Merchandise to examine the Merchandise to confirm that it conforms to this Agreement and the offer for such Merchandise presented to you. If the Merchandise does not conform to this Agreement and the offer for such Merchandise presented to You, You may reject the Merchandise by returning, at your expense, the Merchandise to Pragmatic. Such Merchandise should contain a copy of the receipt or other proof of purchase, and Merchandise must be in a good merchantable condition. Pragmatic may replace or repair the Merchandise in a reasonable time, or may issue a credit to the credit card used to pay for the product an amount equal to the value of the Merchandise (as determined by Pragmatic in its reasonable discretion), or provide another remedy that Pragmatic determines in good faith is appropriate in the circumstances.

    All claims whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by Pragmatic within thirty (30) days after your receipt of the Merchandise.

11. Conduct

You agree that you shall be personally responsible for the use of your account and for all of the communication and activity on Pick1. Your conduct and interaction with other subscribers should be guided by common sense and basic etiquette.

Pragmatic may terminate your account or a particular Subscription for any conduct or activity that Pragmatic believes is illegal, constitutes a cheat, or which otherwise negatively affects the enjoyment of Pick1 by other Subscribers. You acknowledge that Pragmatic is not required to provide you notice before terminating your Subscriptions(s) and/or account, but it may choose to do so.

In the event that You supply information such as chat, forum posts, screen names, game selections, player performances, usage data, suggestions, etc… subject to the Privacy Policy, You expressly grant Pragmatic the complete and irrevocable right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the information and derivative works thereof in any form, anywhere, with or without attribution to you, and without any notice or compensation to you of any kind.

12. Limitations

  1. Disclaimers
  2. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF PICK1, THE SERVICES, AND MERCHANDISE REMAINS WITH YOU, THE USER. PRAGMATIC EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR PICK1, THE SERVICES, AND THE MERCHANDISE, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO PICK1, THE SERVICES, AND MERCHANDISE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. PICK1, THE SERVICES, AND MERCHANDISE, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH PICK1, THE SERVICES, AND MERCHANDISE OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  3. Limitation of Liability
  4. NEITHER PRAGMATIC, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE PICK1, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND PICK1 INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PRAGMATIC SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PICK1, THE SERVICES, AND MERCHANDISE THAT YOU ACQUIRE VIA PICK1, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE MERCHANDISE OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF PRAGMATIC'S WARRANTY AND EVEN IF PRAGMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.

    IF YOU ARE A RESIDENT OF A EUROPEAN UNION COUNTRY, THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU.

    PRAGMATIC DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO PICK1, THE SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S).

13. Exclusive Remedies

You acknowledge and agree that your sole and exclusive remedy for any dispute with Pragmatic with regard to this Agreement is to discontinue the use of Pick1 and cancel your account. Because some jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, such jurisdictions allow for liability to be limited to the full extent permitted by law.

14. Indemnification

You agree to defend, indemnify and hold harmless Pragmatic, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this Agreement.

15. Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Pick1 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

16. Amendments

Pragmatic may in its sole discretion amend this Agreement at any time. You agree that Pragmatic may amend the terms of this Agreement, and your continued use of the services subject to this Agreement shall serve as acceptance. If You don't agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or a particular Subscription.

17. Term and Termination

Either party has the right to terminate or cancel your account or a particular Subscription at any time. You understand and agree that the cancellation of your account or a particular Subscription is your sole right and remedy with respect to any dispute with Pragmatic.

The term of this Agreement (the "Term") will be effective as of the date that you agree to the terms of this Agreement and begin using its services. The term shall continue until otherwise terminated in accordance with this Agreement.

  1. Termination by You
  2. You may cancel subject to the terms of this Agreement, but agree that Pragmatic has the right to collect fees, surcharges or costs incurred prior to the cancellation of your account or a particular Subscription. You are also responsible for any charges incurred to third-party vendors or content providers before your cancellation.

  3. Termination by Pragmatic
  4. In the event that your account is terminated by Pragmatic, Pragmatic may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Pragmatic.

If the Customer cancels their service within five (5) days of the original order, Pragmatic Solutions, Inc. shall refund the fee, minus a fifteen percent (15%) cancellation fee. If Customer cancels their service after five (5) days, there shall be no refund

In the case of a free Subscription, Pragmatic may terminate use of the service or License at any time.

18. Jurisdiction

The laws of the State of California in the United States shall govern this Agreement. The terms of this section may not apply to European Union consumers

19. Survival of Terms

Sections 1,2,3,4,5,6,7,8,9,10,11,12,13, 14, 15, 17 and 18 shall survive any expiration or termination of this Agreement. In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.

20. Notice

If you have any issues or complaints regarding this Terms of Service, please contact: Pragmatic Solutions, Inc., Privacy Officer, 32123 Lindero Canyon Road, Suite 216A, Westlake Village, CA 91361, Fax: (818) 865-8920 or e-mail us at privacy@pr-sol.com

21. Entire Agreement

This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

Copyright Ⓒ Pragmatic Solutions, Inc. All rights reserved.
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