This document titled "Terms of Use" establishes a legally binding agreement between Pickyland MB, also known as Pickyland, and an individual user (referred to as "user", "you" or "your"). The agreement pertains to your utilization of Pickyland's software applications, collectively referred to as the "App," and encompasses the associated website located at www.pickyland.com, along with any other online platforms owned or controlled by Pickyland, collectively referred to as the "Service".
By installing, accessing, or otherwise using the Service, you indicate your acknowledgment, comprehension, and consent to abide by these specified "Terms of Use." Furthermore, during your interactions with specific features of the Service, you may be subjected to additional posted agreements, guidelines, rules, or terms of service. All such supplemental agreements, guidelines, rules, or terms of service, subject to Pickyland's discretionary amendments over time, are hereby integrated by reference into these established "Terms of Use." It is incumbent upon you to periodically review these "Terms of Use," and if at any point, you find them objectionable or lack the authority to agree or accept them, you are prohibited from utilizing the Service.
Material terms: As delineated more comprehensively within this set of Terms of Use (and in full alignment with the explicit wording of these Terms of Use), you acknowledge the subsequent pivotal aspects:
1. General Terms and Conditions:
a. Modifications to these Terms of Use: You acknowledge and consent that we retain the authority to alter these Terms of Use at any juncture without prior notice. The updated Terms of Use will take effect upon their posting, unless expressly stated otherwise. Your use of the Service following the effective date constitutes your acceptance of the revised Terms of Use. Should any alteration to these Terms of Use or the Service be unacceptable to you, your sole recourse is to cease accessing, browsing, and employing the Service.
b. Privacy Policy: Your utilization of and interaction with the Service are additionally governed by Pickyland's Privacy Policy, the provisions of which are herein incorporated by reference.
c. Jurisdictional Matters: The Service is managed and administered by Pickyland from its offices situated in Vilnius, Lithuania. Pickyland does not assert that the materials within the Service are suitable, lawful, or available for application in locations outside Lithuania. Individuals who opt to access or use the Service from locales beyond Lithuania do so on their own volition and are responsible for complying with applicable local regulations, where relevant. Accessing the Service from jurisdictions where its contents or operations are deemed illegal, unauthorized, or subject to penalties is explicitly prohibited.
d. Eligibility: The Service is not intended for individuals below the age of 16 or for users who have previously been suspended or excluded from the Service by Pickyland. IF YOU ARE BELOW 16 YEARS OF AGE, YOU MUST REFRAIN FROM USING OR ACCESSING THE SERVICE UNDER ANY CIRCUMSTANCES OR MANNER. By accessing or utilizing the Service, you assert that you are either at least 16 years old or that you have obtained authorization from your parent or legal guardian, who is at least 18 years old, to employ the Service.
2. The Service:
a. Description: The Service provides users an opportunity to participate in image based polls by selecting one of the options, writing and/or rating comments, creating your own polls with your own or stock images, exploring additional data for every poll such as location, gender and age of the poll participants.
b. Mobile Services: Access to the Service will be facilitated through mobile phones, tablets, or any other smart or wireless devices (collectively termed as "Mobile Services"). Your mobile carrier's customary messaging, data, and other tariffs and charges will apply to your utilization of the Mobile Services. Additionally, certain Mobile Services may be restricted or disallowed by your mobile carrier, and compatibility between all Mobile Services and carriers or devices cannot be guaranteed. It is your sole responsibility to ascertain the availability of Mobile Services for your specific mobile device(s), potential restrictions, if any, relevant to the usage of Mobile Services, and associated costs through consultation with your mobile carrier.
3. Registration:
a. Log-In Credentials: While perusal of the publicly accessible sections of the Service does not necessitate registration, complete access to the Service requires downloading the App and registering an account (termed as an "Account").
b. Account Security: Safeguarding the security of your Account rests on your shoulders, and you are fully accountable for all activities conducted using your credentials. Sharing your Account credentials with any third party is strictly prohibited. In the event of suspecting or being aware of any unauthorized use of your log-in credentials or potential security breaches related to your Account, you commit to promptly notifying Pickyland at support@pickyland.com. Any loss or damages incurred due to unauthorized utilization of your credentials before notifying Pickyland will not be the responsibility of Pickyland.
c. Additional terms: We retain the prerogative to disallow, cancel, remove, change or reassign specific usernames and permalinks under suitable circumstances, as determined by our sole discretion. Additionally, we reserve the right, with or without prior notice, to suspend or terminate your Account if activities on your Account are deemed, at our sole discretion, to potentially breach these Terms of Use, cause harm to or impair the Service, infringe upon third-party rights, damage the reputation of Pickyland, or violate applicable laws or regulations. Pickyland reserves the right to immediately terminate your Account without notice and without incurring any liability.
4. Subscriptions and Payment:
a. Initial Subscription Payment: To access the comprehensive benefits of the Service, the acquisition of a subscription is requisite. Upon enrollment, you will incur charges for the stipulated subscription fee and any relevant taxes and service fees, unless your membership is initiated with a free trial, as elaborated below.
b. Free Trials: In scenarios where your Pickyland membership is inaugurated with a free trial period, the duration of which is explicitly specified during the enrollment process, WE WILL NOT PROCURE ANY PAYMENT FOR THE SUBSCRIPTION FEE FROM YOUR DESIGNATED PAYMENT METHOD UPON THE CONCLUSION OF THE FREE TRIAL PERIOD. Free trials are solely accessible to inaugural subscribers. Pickyland reserves the prerogative, at its exclusive discretion, to ascertain your eligibility for a free trial.
c. Auto-Renewable Subscriptions: Upon purchasing a subscription for the Service, you acknowledge that, following the expiry of the initial subscription term, your subscription will be automatically renewed for successive periods mirroring the original duration, unless you opt to cancel your subscription.
d. Cancellation: The option to cancel your Service subscription is available to you at any juncture, subsequent to which Pickyland will cease automatic renewal of your subscription.
e. Recurring Charges: YOU GRANT PICKYLAND PERMISSION TO DEBIT YOUR ACCOUNT UTILIZING THE ON-FILE PAYMENT METHOD FOR RENEWAL SUBSCRIPTION PAYMENTS. The billing for renewed subscriptions will be aligned with the same subscription plan (or a closely resembling plan if your previous option is no longer accessible) at the prevailing applicable subscription price, in addition to any pertinent taxes. Payment processing for renewal subscriptions will adhere to your existing billing cycle. Renewal may entail supplementary terms and conditions, and subscription charges are subject to potential alteration in accordance with applicable law.
f. Refund Policy: Refundability for payments executed via Pickyland's website or the Google Play Store is determined on a case-by-case basis. For requests for refunds, you may communicate with us at support@pickyland.com. Refund procedures for payments transacted via Apple's App Store are subject to Apple's respective terms and conditions. Following a refund for a subscription, said subscription may be canceled, resulting in immediate cessation of service access. Nevertheless, post-cancellation without a refund, you will maintain service access until the conclusion of the ongoing billing period. We reserve the right to provide refunds, discounts, or other forms of consideration ("Credits") to some or all members at our absolute discretion, regarding both the amount and nature of such Credits.
g. Third Party Subscriptions: In instances where you attain Service access through a third party, such as an employer (denoted as a "Third Party Subscriber"), your service utilization and access may be contingent upon the terms stipulated in agreements established by the Third Party Subscriber, alongside these Terms of Use. It is recommended to consult the Third Party Subscriber for detailed insights.
5. Intellectual Property Rights:
a. License: Conditional upon your unwavering adherence to these Terms of Use, Pickyland herewith confers upon you a limited, personal, non-transferable, and revocable license to exclusively access and employ the Service for your personal, non-commercial purposes. Pickyland reserves all rights not explicitly granted herein.
b. Content: Except for User Content, content dispensed by Pickyland to end users via the Service, encompassing but not limited to any text, graphics, photos, software and interactive features, is protected under copyright or other intellectual property rights, and owned by Pickyland or third-party licensors (collectively termed "Pickyland Content"). You are prohibited from duplicating, reproducing, uploading, republishing, broadcasting, transmitting, retransmitting, Posting, modifying, creating derivative works, publicly performing, publicly displaying, using for commercial purposes, or distributing any content from the Service without explicit written permission from the owner of such content or as permitted within the Service's intended functions. Usage of Pickyland Content must comply with applicable laws. Pickyland reserves all rights on behalf of its licensors.
c. Marks: Pickyland's trademarks, service marks, and logos (collectively known as "Pickyland Trademarks") exhibited on the Service are either registered or unregistered trademarks or service marks of Pickyland. Usage of Trademarks as part of links to or from the Service necessitates prior express written consent from Pickyland. Removing Trademarks identifying ownership or origin of any Pickyland Content is prohibited. Any positive associations stemming from the usage of Pickyland Trademarks solely benefit Pickyland.
6. User Content:
a. Definition: "User Content" denotes any content users create, upload, select, display, post, or transmit ("Post") to or through the Service, including but not limited to text, comments, images and other media that users can search and select in user interface when creating a new Post or upload to the Service, and works shielded by the laws of Lithuania or other jurisdictions, such as patent, trademark, trade secret, and copyright laws, excluding any and all Pickyland Content.
b. User Content Screening: Pickyland empowers end users to contribute User Content to or transmit User Content via the Service. While Pickyland does not pre-screen User Content, it retains the prerogative to eliminate, disallow, obstruct, or erase any User Content at its sole discretion. Pickyland does not vouch for the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will Pickyland assume liability for User Content.
c. Licenses for User Content: Although you maintain ownership of any rights you possess in your User Content, you hereby grant Pickyland an unrestricted, assignable, sublicensable, revocable, royalty-free license extending across the universe. This license authorizes Pickyland to reproduce, distribute, publicly display, communicate to the public, publicly perform (including through digital audio transmissions and audience-wide), make accessible, create derivative works from, retransmit from External Sites, and exploit in any other manner (collectively termed "Use") all or any part of User Content you Post to or through the Service, using any means, media, or formats existing now or developed in the future. This usage is for advertising, marketing, and promoting Pickyland and the Service; displaying and sharing your User Content with other users; and providing the Service as permitted by these Terms of Use. Additionally, you confer upon Pickyland a royalty-free license to utilize your user name to establish your identity as the source of any User Content. User Content you post on the Service or transmit to Pickyland will be viewed as non-confidential and non-proprietary, treated accordingly by Pickyland, and used in line with these Terms of Use without notification to you and without incurring any liability for Pickyland.
d. User Content Ownership Rights: You assert ownership of User Content Posted through the Service or possess the rights to grant licenses as set forth in these Terms of Use. Posting and utilizing your User Content on the Service do not violate the rights of any individual, including privacy, publicity, copyrights, contract, intellectual property rights, or any other rights, or necessitate obtaining additional licenses, paying royalties, fees, compensation, or amounts, or providing attribution to third parties. You also commit to settling any monetary obligations arising from Posting your User Content on the Service.
e. Waiver of Rights to User Content: By Posting User Content to or through the Service, you waive any rights to prior assessment or authorization of marketing or promotional materials related to your User Content. You additionally renounce all rights of privacy, publicity, or any similar nature connected with your User Content, or any part thereof. To the extent that certain moral rights are non-transferable or non-assignable, you hereby relinquish and undertake never to assert these moral rights or endorse, uphold, or permit any actions based on such moral rights relating to any User Content you Post to or through the Service.
f. Objectionable Content: You undertake not to Post any User Content on the Service that is or could be construed as abusive, defamatory, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any pertinent laws (including speech-related laws). Likewise, you shall not Post User Content promoting bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) ("Objectionable Content"). Posting Objectionable Content may subject you to third-party claims, and none of the rights granted under these Terms of Use can be employed as a defense against such claims. If you come across Objectionable Content on the Service, kindly report it to support@pickyland.com. Pickyland retains the right, at its sole discretion, to take necessary and/or appropriate actions against any User who Posts Objectionable Content on the Service.
7. Restrictions on Use of the Service:
a. Supplementary to Other Stipulations: In addition to the constraints articulated within these Terms of Use, and without curtailing the ambit of said restrictions, whilst engaging with the Service, you hereby commit not to: generate unauthorized reproductions or adaptations of any content proffered through the Service (including generating multiple copies on any devices owned, controlled, or possessed by any User, in alignment with the Service's functionality); utilize any device, software, or procedure to obstruct or endeavor to obstruct the proper operation of the Service; endeavor to decipher, decompile, disassemble, or reverse-engineer any software or source code constituting or forming the Service; erase or modify any material posted on the Service by Pickyland, any other individual, or entity; encapsulate or establish links to any materials or information obtainable through the Service; modify, disfigure, mutilate, or otherwise circumvent any approved software through which the Service is dispensed; employ any trademarks, service marks, design marks, logos, photographs, or other content appertaining to Pickyland or procured from the Service; supply any fictitious personal information to Pickyland; establish a new account with Pickyland, devoid of Pickyland's explicit written endorsement, subsequent to the prior disablement of your account by Pickyland; request or gather personal information from other Users; divulge personal information regarding a third party on the Service or derived from the Service, in the absence of that person's consent; utilize the Service to transmit emails or other communications to individuals who have explicitly declined such communications; utilize the Service, without Pickyland's explicit written authorization, for any commercial or unauthorized intent, including communicating or facilitating any solicitations, or spam, or violating any applicable federal, state, or local laws, regulations, or the terms set forth in these Terms of Use.
8. External Sites:
The Service may encompass links to, or the capacity to disseminate information with, websites operated by third parties ("External Sites"). Pickyland does not endorse any External Sites or the content made available on such External Sites. Pickyland is absolved from accountability concerning the content of any External Sites and disavows making any assertions with regard to the content or precision of materials hosted on such External Sites. You assent that Pickyland shall remain exempt from any liability arising from your utilization, involvement, exposure to, or interaction with any External Sites.
9. Feedback:
While we are perpetually engaged in refining and evaluating our own concepts and features, we wholeheartedly welcome your feedback, remarks, and suggestions. Should you opt to contribute by transmitting any concepts ("Feedback") to Pickyland, regardless of the content of your accompanying communication, the ensuing terms shall govern. By conveying Feedback to Pickyland, you hereby concur that: a. Pickyland is under no obligation to scrutinize, contemplate, or implement your Feedback, nor is it required to return any or all of the Feedback for any rationale; b. Feedback is dispensed on a non-confidential foundation, and Pickyland is not mandated to preserve the confidentiality of any Feedback transmitted or abstain from utilizing or disclosing it in any manner; and c. You confer an irrevocable and boundless license to Pickyland, permitting perpetual use of the Feedback and its derivatives for any purpose and devoid of restrictions, sans any remuneration and without attribution, including producing, utilizing, vending, offering for sale, importing, and endorsing commercial products and services encompassing or embodying the Feedback, either in entirety or in part, in its original form or as modified.
10. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements:
a. Respect of Third-Party Rights:
Pickyland acknowledges the sanctity of third-party intellectual property rights and places significant importance on safeguarding intellectual property. In this vein, we request our users to accord the same consideration.
b. Repeat Infringer Policy:
Pickyland's policy with regard to intellectual property entails the following: (i) expeditiously removing or disabling access to material, which, as per Pickyland's good faith belief and upon notification from an intellectual property holder or their authorized agent, is deemed to infringe upon the intellectual property rights of a third party by virtue of its availability through the Service; and (ii) expunging any User Content uploaded to the Service by "repeat infringers." A "repeat infringer" is defined by Pickyland as a user who has uploaded User Content or Feedback to or through the Service, and for whom Pickyland has received more than two compliant takedown notices pursuant to the stipulations set forth in 17 U.S.C. § 512 concerning the aforementioned User Content or Feedback. Nevertheless, Pickyland retains discretionary authority to terminate the Account of any user subsequent to receipt of a sole notification of alleged infringement or pursuant to Pickyland's independent assessment.
c. Procedure for Reporting Claimed Infringement:
Should you assert that any content accessible on or through the Service has been exploited in a manner constituting infringement of an intellectual property right you possess or control, you are urged to promptly furnish a "Notification of Claimed Infringement." Said notification should encompass the subsequent particulars and be directed to the Designated Agent indicated hereinbelow. It is acknowledged that Pickyland may share your Notification of Claimed Infringement with the user accused of infringing the right, and you hereby consent to such disclosure. Your communication should substantially include:
d. Designated Agent Contact Information:
The Designated Agent for Pickyland, responsible for receiving Notifications of Claimed Infringement ("Designated Agent"), can be reached via email: support@pickyland.com
e. Counter Notification:
Upon receiving a notification from Pickyland that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, you are accorded the right to submit a "Counter Notification." To be valid, a Counter Notification must be in written form, presented to Pickyland's Designated Agent via one of the methods delineated in Section 10.d, and should substantially incorporate the ensuing information:
f. Reposting of Content Subject to a Counter Notification:
In the event that you proffer a Counter Notification to Pickyland in response to a Notification of Claimed Infringement, Pickyland will promptly furnish the party who issued the Notification of Claimed Infringement with a duplicate of your Counter Notification. Simultaneously, Pickyland will apprise said party of its intention to reinstate the removed User Content or Feedback, or discontinue the cessation of access thereto, within 10 business days. Pickyland shall effectuate the reinstatement of removed User Content or Feedback, and terminate access cessation thereof, no later than 14 business days from the receipt of the Counter Notification, unless Pickyland's Designated Agent receives notice from the party submitting the Notification of Claimed Infringement that legal proceedings have been instituted, seeking an injunction to prohibit the user from engaging in infringing activity relating to the material within Pickyland's system or network.
g. False Notifications of Claimed Infringement or Counter Notifications:
The Copyright Act stipulates that:
"Any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Pickyland] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it." (17 U.S.C. § 512(f)).
Pickyland preserves the right to seek compensation from any party who submits a Notification of Claimed Infringement or Counter Notification in contravention of the law.
11. Dispute Resolution:
a. General Agreement:
By consenting to these Terms of Use, you and Pickyland mutually establish the framework for resolving any disputes linked to your usage of the App or arising from these Terms of Use, irrespective of the nature of the claim – whether arising from contract, tort, statute, fraud, misrepresentation, or any other legal theory. This resolution will be achieved through binding arbitration, even in cases where the claim emerges after the conclusion of these Terms of Use. BOTH YOU AND PICKYLAND CONCUR THAT YOUR AGREEMENT TO THESE TERMS OF USE IMPLIES A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL OR JOIN IN A CLASS ACTION.
b. Specific Situations:
However, the provisions in Section 11.a notwithstanding, the terms herein shall not be interpreted as a waiver, impediment, or limitation on the rights of either party to: (i) initiate an individual action within the confines of a small claims court; (ii) pursue corrective actions through the pertinent federal, state, or local authorities if such actions are available; (iii) seek injunctive relief from a court with proper jurisdiction to support arbitration proceedings; or (iv) file a lawsuit in a court of law to address instances of intellectual property infringement.
c. Notification and Procedure:
In the event that one party seeks arbitration, they shall first issue a notification ("Notice") of the dispute to the other party through email address support@pickyland.com. This Notice must: (i) elucidate the nature and basis of the claim or dispute; and (ii) articulate the specific redress being pursued ("Demand"). While the parties will make genuine attempts to amicably resolve the dispute, if such resolution remains unattained within 30 days of the Notice being received, either party may initiate arbitration proceedings.
d. Individual Capacity:
BOTH YOU AND PICKYLAND CONSENT THAT CLAIMS MAY ONLY BE BROUGHT AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY, RATHER THAN AS PLAINTIFFS OR MEMBERS OF A PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless mutually agreed otherwise, the arbitrator shall not be authorized to consolidate claims from multiple individuals or oversee any form of representative or class-oriented proceedings.
e. Legal proceedings:
These Terms of Use are governed by the national law of the user. You may submit a claim to the court of your place of residence or domicile.
f. Validity:
Should the veracity of the entirety of Section 11 is deemed unenforceable, the entirety of Section 11 shall be considered null and void.
12. Limitation of Liability and Disclaimers:
a. Exemption from Liability and Content Disclaimer:
The "Pickyland Parties," encompassing Pickyland, its affiliates, officers, directors, employees, agents, suppliers, and licensors, hold no liability for the veracity, precision, or totality of information imparted to any user, nor for any interruptions or delays in data or information dissemination due to any cause. Your use of the Service and any content therein is deemed at your own risk. You bear full responsibility for all content you upload onto the Service.
b. Operational Warranty and Virus Disclaimer:
The Pickyland Parties do not warrant uninterrupted, error-free operation of the Service or the absence of computer viruses or analogous destructive elements within the Service or its content. Should your use of the Service or its content require equipment or data servicing or replacement, the Pickyland Parties will not be held accountable for any related expenses.
c. Service and Content Disclaimer:
The Service and all content accessible therein are supplied on an "as is" and "as available" basis without any form of warranty. Consequently, the Pickyland Parties disclaim all warranties, including but not limited to those of title, merchantability, non-infringement of third-party rights, and fitness for a particular purpose.
d. Liability Limitation and Damages Disclaimer:
Under no circumstances will any Pickyland Party be held liable for special, indirect, punitive, incidental, or consequential damages, including lost profits or damages stemming from data loss or business interruption due to the use or inability to use the Service and its content. This applies irrespective of the legal basis, whether warranty, contract, tort (including negligence), or any other legal theory, even if such Pickyland Party has been notified of the possibility of such damages. Pickyland's liability and the liability of any other Pickyland Parties to you or any third party, in any scenario, is capped at the larger of the fees remunerated to us by you and U.S. $100.
13. Resolution of Third-Party Disputes:
a. Release and Third-Party Dispute Clause:
To the maximum extent allowed by applicable law, any disputes with third parties arising from your utilization of the Service, including but not limited to carriers, copyright proprietors, or other users, are exclusively between you and said third parties. You hereby release the Pickyland parties from any and all claims, demands, and damages (both actual and consequential) of any nature, known or unknown, resulting from or in connection with such disputes.
b. Beneficiary Rights for Content Licensors:
The proprietors of content licensed for use on the Service are intended beneficiaries of these Terms of Use. They possess the right to enforce these Terms of Use against you for any unauthorized use of their content in any court having proper jurisdiction. The regulations outlined in Section 11 do not extend to disputes between you and a third-party content licensor to Pickyland.
14. Indemnity Obligation:
To the maximum extent permitted by the law, you agree to defend, indemnify, and hold the Pickyland Parties harmless from any claims, actions, or demands, including reasonable legal and accounting fees, resulting from (a) your violation of these Terms of Use; (b) your access to, misuse of, or use of Pickyland Content or the Service; or (c) your User Content. Pickyland will duly notify you of any such claims, lawsuits, or proceedings. In cases of indemnification, Pickyland reserves the right to exclusively manage the defense and control of such matters. In doing so, you commit to cooperating with any reasonable requests from Pickyland, at your own expense, aimed at safeguarding Pickyland's defense of said matters.
15. Duration and Termination:
a. Effective Period:
Between you and Pickyland, the initiation of these Terms of Use dates back to your initial usage of the Service. The term persists until the termination of these Terms of Use by either Pickyland or you.
b. Termination Process:
You hold the authority to terminate these Terms of Use through written notification sent to Pickyland at support@pickyland.com. This entails the removal of the App from your mobile device and the cessation of all other Service-related uses. Pickyland reserves the unilateral right, at its discretion, to limit, suspend, or terminate these Terms of Use and your access to the Service, either in part or in full, without prior notification or liability, in the event of a breach of any provision within these Terms of Use. Additionally, Pickyland reserves the right to terminate these Terms of Use for other reasons. Pickyland maintains the prerogative to alter, suspend, or discontinue any part of the Service at any time without prior notice or liability.
c. Survival of Specific Provisions:
Sections 1, 3.b, 5.b, 5.c, 6.d, 6.e, 6.f, 7, 9 – 11, 14, 18 and 20, including the terms defined therein, will persist indefinitely following the termination of these Terms of Use.
16. Miscellaneous Provisions:
These Terms of Use neither establish nor imply a joint venture, partnership, employment, or agency relationship between you and Pickyland. You further acknowledge that submitting User Content does not establish any confidential, fiduciary, contractually implied, or other form of relationship between you and Pickyland, other than as defined within these Terms of Use. Should any provision within these Terms of Use be declared invalid by a court of competent jurisdiction, the invalidity of that provision shall not impair the validity of the remaining provisions, which will remain fully effective. Pickyland's failure to enforce or take action regarding any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision. No waiver shall be deemed effective against Pickyland unless it is made in writing, and such waiver shall not be interpreted as a waiver in any subsequent or other instance. These Terms of Use constitute the comprehensive agreement between you and Pickyland with respect to their subject matter and supersede all prior or contemporaneous agreements, oral or written, between the parties concerning the subject matter herein. The headings within the sections are included solely for convenience and lack legal significance. These Terms of Use are enforceable for the benefit of our successors and assignees. Assignment of these Terms of Use or the rights and licenses granted herein, either directly or indirectly, requires the explicit written consent of Pickyland. Therefore, in cases of transferring a device with the App installed, whether through sale or gift, it is your responsibility to erase the App and any Pickyland Content from the device prior to disposition. Pickyland reserves the unencumbered right to assign these Terms of Use, along with all rights therein, without any restrictions.
17. Contact Information:
For all matters pertaining to your use of the Service, you are welcome to reach out to us via email at support@pickyland.com.
18. Open-Source Software Notice:
The App incorporates specific open-source software components. Each individual open-source software item is governed by its distinct and applicable license terms. Please be aware of the terms that apply to the respective open-source software components.