Thank you for your interest in the online service provided by Piocaro, Inc. ("Piocaro"), a technology company. This Terms of Use Agreement ("Agreement") constitutes a binding agreement between Piocaro ("we","us" or "our') and you for your use of all content, data, applications and tools provided by us through our website (the "Website") located at www.piocaro.com, and any other services provided through our application (collectively, the "Service").
BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM PIOCARO, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) ARE AT LEAST 18 YEARS OF AGE ANDHAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
IF YOU ("YOU") ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT COMPANY OR LEGAL ENTITY TO THIS AGREEMENT, AND ALL REFERENCES TO YOU WILL BE DEEMED TO INCLUDE SUCH COMPANY OR ENTITY.
Updates to Terms of Use Agreement and Changes to the Service.
Piocaro may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted on our Website. You will be responsible for regularly checking the Website and for reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Privacy
Any personal information submitted through the Service or Website by you is subject to our Privacy Policy located at www.piocaro.com/privacy.html , which is incorporated herein by reference. PLEASE REVIEW OUR PRIVACY POLICY TO UNDERSTAND OUR PRACTICES WITH RESPECT TO YOUR PERSONAL INFORMATION.
Financial Advice Warning
The information and analysis provided by the Service is factual only, not general or personal advice and in accordance to RG244B.
Account
You may be required to create an account (an "Account") with us to use certain portions of the Service. If you are required to create an Account, your Account will be for your individual, personal and non-commercial use only, and you may not authorise others to use your Account for any purpose. In creating your Account, you certify that all information you provide will be complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person's account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and all activities that occur under your Account or password. We retain the right to cancel your account for any reason, or refuse your account creation request.
Our Proprietary Rights
We and our licensors retain exclusive ownership of the Service and Website and all content and materials provided in connection with the Service and Website, and all related intellectual property rights. We retain exclusive ownership of any data that is collected by us or our business partners through the operation of the Service or Website, but excluding your personal information.
Subject to your full compliance with this Agreement, we hereby grant you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Service in legally authorised jurisdictions for your personal, non-commercial use on any personal computer or supported device you own or control. We reserve all right, title and interest in and to the Service and Website, subject only to the limited license granted to you above. In addition, we reserve the right to terminate this license at any time.
User Guidelines and Restrictions
You agree that you will not in connection with your use of the Service or Website:
- Collect or store personally identifying information about other users for commercial or unlawful purposes;
- Impersonate any person or entity;
- Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service or Website;
- Engage in any activity which may compromise the stability or availability of the Service or Website or use the Service or Website to compromise the availability or stability of any third party site or service;
- Use the Service or Website for any unsolicited advertising or promotions;
- Decompile, dis-assemble, modify, translate, adapt, reverse engineer, create derivative works of or sublicense the Service or Website, or any portion thereof;
- Circumvent any security measures or any payment collection methods employed on or through the Service or Website, or access or use the Service or Website after your Account, this Agreement or your access has been terminated or suspended by us;
- Upload, post, email, otherwise transmit or post links to any content or material, or select any member or user name or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
- Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates this type of infringement;
- Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website, Service or any third party software, site, equipment or service;
- Upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation, or which we deem improper in accordance with our guidelines and policies;
- By-pass the measures we may use to prevent or restrict access to the Service, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
Third Party Links
The Service and Website may include hyperlinks or banner ads to third-party websites, content and/or resources ("Resources"). You acknowledge and agree that we have no control over and are not responsible for the availability of these Resources, and we do not endorse any advertising, products or other materials on or available from these Resources. Because we cannot control the activities of these Resources, we cannot accept responsibility for any use of your personal information by these Resources, and we cannot guarantee that they will adhere to the same privacy and security practices as us. If you visit or link to a Resource, you should consult that Resource's terms and conditions and privacy policy before providing any personal information.
Opinions, advice, statements, offers or other information or User Content made available through the Service by other members or users are those of their respective authors, and should not necessarily be relied upon. These members and users are solely responsible for their content.
Termination
We reserve the right without liability to terminate or restrict this Agreement or your Account, or your access to or use of the Service or Website, with or without notice, for any reason, including but not limited to, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the Service or Website. All decisions regarding the termination of this Agreement or your Account shall be made by us in our discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of this Agreement or your Account. Upon termination of this Agreement for any reason, those provisions in this Agreement which, by their nature survive termination, shall survive termination in accordance with their respective terms.
Disclaimer of Warranties
THE SERVICE AND WEBSITE ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, THE APPLICABLE IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY AND WARRANTY PERIOD REQUIRED BY LAW. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. WE DO NOT (A) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE BY MEMBERS OR USERS OF THE SERVICE; OR (B) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY MEMBERS OR USERS THAT APPEARS THROUGH THE SERVICE.
WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY VIRTUAL PROPERTY OR DATA RESIDING ON OUR SERVERS.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICE OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT OF $500. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification.
You agree to indemnify and hold us, our parent, subsidiaries and affiliates, and ours and their equity holders, directors, officers, employees, agents, contractors, licensors and licensees harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or Website, or any breach or violation of this Agreement.
Legal Compliance
You understand that the Service is being provided from the United States. You represent and warrant that (a) you are not located in, and are not accessing the Service from, a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting country"; and (b) you are not listed on any US Government list of prohibited or restricted parties.
Non-Waiver.
No delay or failure to take action under this Agreement shall constitute any waiver by us of any provision of this Agreement.