Children under the legal age in the jurisdiction where they reside must have a parent or guardian read and accept the Terms of Service on their behalf.
By accessing a Piiig Service, downloading a Piiig application or by continuing to use the service, you acknowledge that: (1) you are at least 18 years of age or you are of legal age required to form a contract in your jurisdiction; (2) you have the right, authority and legal capacity to enter into this agreement; (3) you have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorized by you.
Contact us at firstname.lastname@example.org if there is anything that you do not understand.
Content. “Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service. Piiig owns, or has a license to, all right, title and interest in the Piiig Content it makes available through the Service. Except for any rights specifically enumerated as being licensed to you hereunder, Piiig reserves any and all of its rights to the Piiig Content. You are only permitted to use the Piiig Content as expressly authorized by Piiig or the specific Content provider.
Specific License and Restrictions. By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Service or Content in any way inconsistent with the rights of use provided by Piiig herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Piiig; (iii) attempt to access source or object code of the Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
Your Grant of Rights. If Piiig provides the ability for you to submit Content to the Service, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that your submit, or have sufficient rights to submit the Content to the Service without infringing any third-party rights. Piiig does not claim any ownership rights in any Content that you may submit or offer through the Service. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Piiig to:- Use, reproduce, distribute, remove, and analyze any of your Content as Piiig may deem necessary or desirable for any purpose in connection with the operation of the Service, and- Copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with Piiig or the Service in any media, and use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Service, and- Delete any or all of your Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and- Enable the Service or users of the Service to share or post your Content on third party sites, such as, without limitation, on social networking sites.
Submission of Ideas. To the extent that you submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and Piiig shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Piiig, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any Piiig product or service, without compensation or accounting to you and without further recourse by you.
The Service and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
PIIIG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Piiig takes no responsibility and assumes no liability for any content that you or any other user or third party transmits using our Service. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Paid License. To the extent that Piiig establishes aspects of the Service are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.piiig.com. THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICE FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.
Fees. You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that Piiig may utilize certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. PIIIG MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.
The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under Piiig’s control, and you acknowledge that Piiig is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is Piiig responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
Piiig will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements by completing the following DMCA Notice of Alleged Infringement and delivering it to Piiig's Designated Copyright Agent. Upon receipt of the Notice as described below, Piiig will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material.
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identification of the URL or other specific location on the Service that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them.
3. Provide your mailing address, telephone number, and email address.
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Provide your full legal name and your electronic signature.
You must submit any notification of an alleged copyright infringement to email@example.com with the subject "Copy Right Policy - DMCA notification".
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Service are infringing a copyright.
You agree to defend, indemnify, and hold Piiig and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (1) your use of, or activities in connection with the Service, or those of any child authorized by you; (2) any violation of these Terms of Service by you or any child authorized by you; or (3) any allegation that any content that you or any child authorized by you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Piiig reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Service at any time, for any reason or no reason, with or without notice to you. You agree that TOCA BOCA shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO PIIIG.
For any dispute you have with Piiig, you agree to first contact us and attempt to resolve the dispute with us informally. If Piiig has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless you and Piiig agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PIIIG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Piiig without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Piiig's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.