Terms and Conditions



"Use Picklegram at your own risk... don't spill any juice or you'll have to clean it up - our lawyers won't!"

Welcome to picklegram!

Thank you for using our products and services (“Services”). The Services are provided by picklegram LLC. (“picklegram”), located at 10645 North Tatum Boulevard, Phoenix, AZ 85028, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services

You must follow any policies made available to you within the Services.

Do not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not picklegram’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Violation of these Terms of Use may, in Picklegram's sole discretion, result in termination of your Picklegram account. You understand and agree that Picklegram 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 Terms, or otherwise create risk or possible legal exposure for Picklegram, we can stop providing all or part of the Service to you.

Your picklegram Account

You will need a picklegram Account in order to use our Services. In order to use our product and services you must first create your own picklegram Account to access and use our Services.

If you learn of any unauthorized use of your password or account, follow these instructions:

Password:

If you suspect that someone else knows or has changed your password, please reset it so no one else can sign in to your account. To do so, just enter your username on the password assistance page.
Account username:

For all picklegram accounts: use the full email address you used to create your account.

If you think someone has access to the email address associated with your picklegram Account, please also change the password for your email.

If you're unable to reset your picklegram Account password, and you can't sign in to your account, please notify us via the picklegram website.

Privacy and Copyright Protection

picklegram’s Privacy Policy (pPP) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that picklegram can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Your Content in our Services

Our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you remains yours.

When you upload or otherwise submit content to our Services, you give picklegram (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. For example, you may own rights to your own products and services that can be accessed through picklegram. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You can find more information about how picklegram uses and stores content in the privacy policy or additional terms Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

Our Service requires or includes downloadable software. This software may update automatically on your device once a new version or feature is available. Some of our Services may let you adjust your automatic update settings.

After purchasing our Product and Services, picklegram gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by picklegram as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by picklegram, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. picklegram may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PICKLEGRAM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, PICKLEGRAM AND PICKLEGRAM’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PICKLEGRAM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, PICKLEGRAM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify picklegram and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. We encourage you to regularly review our terms. We will post notice of modifications to these terms on this page. We will post notice of any modified additional terms as applicable. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions of our Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of our Service.

If there is a conflict between these terms and any additional terms, the additional terms will be controlling for that conflict.

These terms control the relationship between picklegram and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this does not imply or mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Arizona, USA, excluding Arizona’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Maricopa County, Arizona, USA, and you and picklegram consent to personal jurisdiction in those courts.

For information about how to contact picklegram, please visit our contact page.

picklegram Terms of Service

By downloading, installing, or using the picklegram software, accessing or using the picklegram service (together, the "Products" or "Services"), or accessing or using any of the content available within the Products, you agree to be bound by the following: (1) the picklegram Terms of Service (the "Terms of Service"); (2) the picklegram Universal Terms of Service (the "Universal Terms of Service"); and (3) the picklegram Additional Terms of Service (the "Additional Terms"). Before you continue, you should read each of these three documents, as together they form a binding agreement between you and picklegram regarding your use of the Products. Collectively, the Terms of Service, the Universal Terms of Service, and the Additional Terms of Service are referred to as the "Terms".
As a condition of downloading, accessing, or using the Products, you also agree to the terms of the picklegram Privacy Policy.

1. Use of the Products. After purchasing the picklegram Application through the Apple App Store, picklegram grants you a non-exclusive, non-transferable license to access the picklegram service, to download and use the picklegram software and service, and to access the Content (as defined below) within the Products and according to the Terms.

2. Restrictions on Use. Unless you have received prior written authorization from picklegram, you must not:
(a) access or use the Products or any Content through any technology or means other than those provided in the Products, or through other explicitly authorized means picklegram may designate (such as through facebook API’s);
(b) copy, translate, modify, or make derivative works of the Content or any part thereof;
(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
(d) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
(e) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content;
(f) delete, obscure, or in any manner alter any notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Products or the Content.

3. Appropriate Conduct; Compliance with Law and picklegram Policies. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines picklegram may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
(f) download any file posted by another that you know, or reasonably should know that cannot be legally distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(h) restrict or inhibit any other user from using and enjoying the Products or picklegram services;
(i) interfere with or disrupt picklegram services or servers or networks connected to picklegram services, or disobey any requirements, procedures, policies or regulations of networks connected to picklegram services;
(j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the picklegram services or Content, or collect information about users for any unauthorized purpose;
(k) submit content that falsely expresses or implies that such content is sponsored or endorsed by picklegram;
(l) create user accounts by automated means or under false or fraudulent pretenses;
(m) promote or provide instructional information about illegal activities;
(n) promote physical harm or injury against any group or individual; or
(o) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

4. Content in the Products and Services. picklegram allows you to access and view a wide variety of third party content accessible through the World Wide Web, including but not limited to photographic imagery and links to websites associated with products and services, websites of retailers and wholesalers, and other types of products and services as are available via public domain searches with picklegram providing the means to easily access and link products and/or services to an individual user account or other user accounts for reference, and other related information provided by picklegram, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available through picklegram. You understand and agree to the following:
(a) picklegram makes no guarantee or warranty, whatsoever, about any products or services offered by third parties that are accessed through picklegram. (b) By using the Products, you do not receive any ownership, and picklegram and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by picklegram or by the owner of that Content, in a separate agreement. 5. Additional Terms for picklegram (a) By using the picklegram software, you agree to use the software only for purposes that are legal, proper and in accordance with these Terms. b) Automatic Updates. The picklegram software may communicate with picklegram servers from time to time to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the picklegram software, you agree to automatically request and receive Updates.
6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
(a) PICKLEGRAM AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
(b) DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT


picklegram Additional Terms of Service

By downloading, installing, or using the picklegram software, accessing or using the picklegram service (together, the "Products" or "Services"), or accessing or using any of the content available within the Products, you agree to be bound by the following: (1) the picklegram Terms of Service (the "Universal Terms"); (2) the terms found on our Legal Notices page (the "Legal Notices"); and (3) the additional terms and conditions set forth below (the "Additional Terms"). Before you continue, you should read each of these three documents, as together they form a binding agreement between you and picklegram regarding your use of the Products. Collectively, the Universal Terms of Service, the Legal Notices, and the Additional Terms of Service are referred to as the "Terms".

As a condition of downloading, accessing, or using the Products, you also agree to the terms of the picklegram Privacy Policy.

1. Your picklegram Account.

Signing Up for a picklegram Account. In order to access the Service, you must have a picklegram Account. You agree that any information you give to picklegram in connection with your picklegram Account or your continued use of the Service will always be accurate, correct, and up to date.

Your Passwords and Account Security. You agree that you will be solely responsible to picklegram for your use of the Service. If you become aware of any unauthorized use of your password, your account, or your key(s), you agree to notify picklegram immediately.

2. Proprietary Rights.

You acknowledge and agree that picklegram (or picklegram’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Service and Content, including any intellectual property rights that subsist in the Service and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

3. Permitted Uses.

You agree to use the Service only for purposes:
(a) that are permitted by the Terms;
(b) that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and
(c) that comply with all applicable policies or guidelines made available by picklegram.

4. Use of the Products.

picklegram grants you a non-exclusive, non-transferable license to access the picklegram service, to download and use the pickelgram software and service, and to access the Content (as defined below) within the Products and according to the Terms.

5. Restrictions on Use.

Unless you have received prior written authorization from picklegram (or, as applicable, from the provider of particular Content), you must not:
(a) access or use the Products or any Content through any technology or means other than those provided in the Products, or through other explicitly authorized means picklegram may designate;
(b) copy, translate, modify, or make derivative works of the Content or any part thereof;
(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
(d) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
(e) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content; or
(f) delete, obscure, or in any manner alter any notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Products or the Content.

6. Appropriate Conduct; Compliance with Law and picklegram Policies.

You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines picklegram may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
(f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(h) restrict or inhibit any other user from using and enjoying the Products or picklegram services;
(i) interfere with or disrupt picklegram services or servers or networks connected to picklegram services, or disobey any requirements, procedures, policies or regulations of networks connected to picklegram services;
(j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the picklegram services or Content, or collect information about users for any unauthorized purpose;
(k) submit content that falsely expresses or implies that such content is sponsored or endorsed by picklegram;
(l) create user accounts by automated means or under false or fraudulent pretenses;
(m) promote or provide instructional information about illegal activities;
(n) promote physical harm or injury against any group or individual; or
(o) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

7. Content in the Products.

picklegram allows you to access and view a wide variety of third party content accessible through the World Wide Web, including but not limited to photographic imagery and links to websites associated with products and services, websites of retailers and wholesalers, and other types of products and services as are available via public domain searches with picklegram providing the means to easily access and link products and/or services to an individual user account or other user accounts for reference, and other related information provided by picklegram, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available through picklegram. You understand and agree to the following:
(a) By using the Products, you do not receive any, and picklegram and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by picklegram or by the owner of that Content, in a separate agreement.
(b) picklegram makes no guarantee or warranty, whatsoever, about any products or services offered by third parties that are accessed through picklegram.

8. Updates

(a) Automatic Updates. The picklegram software may communicate with picklegram servers from time to time to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the picklegram software, you agree to automatically request and receive Updates.

9. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

(a) PICKLEGRAM AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
(b) SUBJECT TO UNIVERSAL TERMS, PICKLEGRAM AND ITS LICENSORS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCT

10. Subscription Fees

The fees charged by Picklegram are referred to as Subscription Fees. The Software is subject to annual Subscription Fees to operate the Software on more than one mobile device or computer or to gain access to enhanced features which include, without limitation: Importing / exporting records, synchronizing records to multiple devices or computers, restoring or backing up records and file storage.

Upon expiration of the 30-day trial period, you will be subject to annual Subscription Fees in accordance with the Fee Schedule as shown on the website. You will be required to submit payment annually in advance for the Software. Access to the paid-version of Picklegram will be disabled until payment is received. Subscription Fees are billed and collected in advance based on your subscription plan.

11. Channel Partners, Mobile Operators & Resellers

You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by Picklegram. The Fee Schedule, including subscription quantities and pricing, is subject to change at any time at Picklegram's sole discretion. Picklegram will use good-faith efforts to notify you via email prior to effectuating any change to the Fee Schedule. If you receive special discounts through a Channel Partner or Value Added Reseller of the Software, those discounts may not be available if you cease to continue to be a customer of the Channel Partner or Value Added Reseller, in which case Picklegram's standard subscription fees will apply. Picklegram may rely on information provided by the applicable Channel Partner or Value Added Reseller, if any, with respect to the status of your account.

12. Payment

As a condition for using Picklegram, you must provide us with payment. Payment for Software shall be made by a valid credit card, debit card or charge card (collectively referred to as "Charge Card") as accepted by Picklegram and having sufficient payment to cover the Subscription Fees, as charged to you. Payment methods such as check, wire transfer or other trade format must be negotiated directly with and approved by Picklegram. Picklegram reserves the right to auto-bill and charge you for recurring Subscription Fees. You are responsible for paying amounts billed by Picklegram to your Charge Card for Subscription Fees. Business customers using Picklegram for Groups may also issue payment by wire, ECH or by other means for amounts exceeding USD$10,000.

13. Invalid or Cancelled Payments

In the event that you cancel your Charge Card or it is otherwise terminated, you must immediately provide us with a new, valid Charge Card number. You authorize us from time to time, to undertake steps to determine whether the Charge Card number you have provided to us is a valid number. In the event that you do not provide us with a current valid Charge Card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement and we may terminate this Agreement with you. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account. If the annual payment option is selected or if you have previously provided your Charge Card for payment, you hereby authorize Picklegram to charge your card for such amounts on a regular monthly or annual basis at the beginning of each billing cycle. If Picklegram is for any reason unable to effect automatic payment via your Charge Card, Picklegram will attempt to notify you via email and your Picklegram account will be disabled until payment is received.

14. Fee Changes

Picklegram may change the fees and charges then in effect or add new fees or charges, by giving you written, advanced notice. All fees and charges incurred in connection with your username and password will be billed to the payment method designated during the registration process. You are responsible for any fees or charges incurred to access the Picklegram website through an Internet access provider or third-party service

15. Refunds

You may cancel your account at any time. Since the Software is delivered in full at the time of purchase, you will not be issued a refund.

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