Terms & Conditions.
Last updated: October 1, 2021 — Please read these terms and conditions carefully before using Our Service.
INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DEFINITIONS
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Picked Cherries.
Application Store means the digital distribution service, including but not limited to those operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access and/or use our Service or parts of our Service in any way, including but not limited to accessing podcasts or other media content, permitted access to podcasts or other media content, or any other use whether contemplated by Picked Cherries, these Terms of Use, or not. .
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Picked Cherries, Inc., 633 SE 3rd Ave., Suite 4R, Ft. Lauderdale, FL 33301.
Content refers to content such as text, images, podcasts, audio, commentary (whether express, implied, or otherwise depicted through graphics or images), or other information or artistic expression that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. “Content” also refers to any content, work, or information that may not exist at the present time but that may exist in the future by which becomes accessible by the Service’s users and otherwise subject to the operations of the Company by way of Your use of the Service.
Device means any device that can access the Service such as, but not limited to a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service or by the Company.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service for any purpose, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLDEGMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users, including listeners, creators, or others, regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, listeners, creators, and others who access or otherwise use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions in their entirety. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
PROMOTIONS
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply, but only where a conflict exists, otherwise, these Terms still apply.
USER ACCOUNTS
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
YOUR RIGHT TO POST CONTENT
Our Service permits You to post or submit Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, create derivatives, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, acknowledging that Your Content, or portions thereof, may be shared, reproduced, or distributed by the Service’s Users beyond the reach and control of the Company. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use, share, display, distribute Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it and all parts thereto) or You have the right to use it (and all of its parts) and grant Us the rights and license as provided in these Terms or otherwise waive claims as provided in these Terms, and (ii) the posting of Your Content on or through the Service, which may subject it to indefinite viral sharing beyond Our and Your control, does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
CONTENT RESTRICTIONS
The Company is not responsible for the content or activity, including sharing of Content, of/by the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, likeness, or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its absolute and sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse and/or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company, in its absolute and sole discretion, can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss, harm, or damage of any kind incurred as a result of Your use of the Service or interaction with or exposure to any Content.
CONTENT BACKUPS
Although regular backups of Content may be performed, the Company does not guarantee there will be no loss or corruption of data or Content nor is Company obligated under any circumstances to backup or maintain any Content or data unless otherwise obligated by applicable law. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company may provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no obligation to provide such support and further has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
INTELLECTUAL PROPERTY INFRINGEMENT
You hereby authorize Us to use, copy, display, modify, create derivatives, reproduce, and store any Content, work, or copyrighted material uploaded by You onto the Application for the purpose of transmission and otherwise carrying on the business of the Service as reasonably necessary at the sole discretion of the Company. You, as author or licensee of the work uploaded to the Service, hereby waive any and all claims of infringement or other violation of intellectual property rights against Company in connection with or related to any works uploaded to the Service, whether or not those works were uploaded with your permission. You acknowledge and understand that works uploaded to the Service, or parts thereof, may be shared, copied, reproduced, or distributed beyond the control and reach of the Company, including but not limited to, going viral on other social media or digital platforms. We also take very seriously and respect the intellectual property rights of others. It is Our policy to reasonably respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal@PickedCherries.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
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.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our copyright agent via email at legal@PickedCherries.com. Upon receipt of a notification, the Company will take whatever reasonable action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
Our Service contains links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
TERMINATION
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, with or without cause, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss or exposure of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
“AS IS” AND “AS AVAILABLE” DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of or perfectly protected from viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components or actions. Some jurisdictions do not permit the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
ADVERTISING
You acknowledge that the Service permits advertisements to be displayed at certain points during a User’s use of and experience with the Service. This includes advertisements that may be displayed within the close proximity of your work or Content. You acknowledge that the Company in no way endorses any advertisement displayed on or through the Service or any notion, idea, expression, or interpretation that may be gleaned therefrom. You further waive, any and all claims You may have against Company in connection with any dispute that may arise from, in connection with, or related to any advertisement displayed on or through the Service.
GOVERNING LAW
The laws of the Country and/or Florida, excluding their conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
DISPUTE RESOLUTION
If You have any concern or dispute arising out of or relating to these Terms, the Service, or Your use thereof, You agree to first try to resolve the concern or dispute informally by directly contacting the Company. In the event such concern or dispute is not resolved within thirty days of the Company receiving such notice, You and the Company shall next attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Rules for Mediation. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Rules for Commercial Arbitration. The number of arbitrators shall be three, one selected by each party and one selected mutually by the arbiters selected by each party.
FOR EUROPEAN (EU) USERS
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid by any court of competent jurisdiction, such invalidity or unenforceability will not affect the whole of these Terms, but the Terms will be construed as if not containing the particular provision or part thereof held to be invalid or unenforceable to the least extent possible and such provision will be changed and/or interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
TRANSLATION INTREPRATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You agree to stop using the website and the Service.
CONTACT US
If you have any questions about these Terms and Conditions, you can contact us:
By email: legal@PickedCherries.com