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PIKEme Terms of Use Agreement

 

Revised: 09-03-2011

 

PIKEme is a navigational tool designed to make the NET FAST & EASY to use by providing icon links to the top websites and allowing individual user selection of favorite icon links. PIKEme Services are hosted in the United States.

 

This Terms of Use Agreement may be modified from time to time. ("Agreement") constitutes a legally binding term and applies to your use of PIKEme Services. By accessing and/or using the PIKEme Services, you agree to be bound by this Agreement, whether you are a "Visitor" or you are a "Member". ("Visitor") constitutes a nonregistered "User" of PIKEme Services. ("Member") is a registered user of PIKEme Services. ("User") constitutes a Visitor or a Member accessing PIKEme Services. You are authorized to use the PIKEme Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules, regulations, and terms of this Agreement governing your regional jurisdiction. To become a Member you must indicate your acceptance of this Agreement during the registration process.

 

PIKEme reserves the right to modify this Agreement at any time and each such modification shall be effective upon posting on the PIKEme Services. Your continued use of the PIKEme Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. If you do not agree to be bound by this Agreement and to abide by all applicable laws, rules, regulations, and terms of this Agreement, you must discontinue use of the PIKEme Services immediately.

 

Eligibility:

  • Use of the PIKEme Services and registration to be a Member is void where prohibited. By using the PIKEme Services you warrant that all registration information submitted is truthful and accurate; you will maintain the accuracy of such information; you are 13 years of age; and your use of PIKEme Services does not violate any Applicable laws, rules, regulations, and terms of this Agreement. Your account may be deleted and your Membership may be terminated without warning, if PIKEme believes that you are in violation of this agreement.

 

Term:

  • This Agreement and any posted revision to this Agreement, shall remain in full force and effect while you use the PIKEme Services or are a Member. You may terminate your Membership at any time, for any reason, by accessing the Member Settings page.

 

Member Name:

  • During the sign up process to become a Member, you will be required to choose a Member Name. Your Member Name is required to be 6 or more characters long. You are entirely responsible for maintaining the confidentiality of your Member Name. You agree not to share or disclose your account, member name, email address, password, security question, and security question answer with a third party at any time.

 

Password:

  • During the sign up process to become a Member, you will be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password. Your password is required to be 6 or more characters long. You agree not to share or disclose your account, member name, email address, password, security question, and security question answer with a third party at any time.

 

Security Question and Answer:

  • During the sign up process to become a Member, you will be required to choose a Security Question and Answer. You are entirely responsible for maintaining the confidentiality of your Security Question and Answer. You agree not to share or disclose your account, member name, email address, password, security question, and security question answer with a third party at any time.

 

Proprietary Rights in Content:

  • The PIKEme name is protected by a trademarked filed with the USPTO. PIKEme owns the proprietary rights on the compilation icon database and is protected by a copyright filed with the United States Library of Congress. You may not use any content that infringes upon PIKEme's copyright, trademark, or other proprietary content, information, or property without the written consent of PIKEme.

 

Third Party Linked Services:

  • Linked Services created by third party developers include applications, websites, desktop, wireless, mobile, and other services. When you engage with a Third Party Linked Service, you are interacting with the third party, not with PIKEme. PIKEme does not control the third party, and cannot dictate their actions. PIKEme is not responsible for and makes no warranties, expressed or implied, as to the Third Party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof).

 

Member Disputes:

  • You are solely responsible for your interactions with other PIKEme Users, third party developers, or any other parties with whom you interact through the PIKEme Services and/or Third Party Linked Services. PIKEme reserves the right, but has no obligation, to become involved in any way with these disputes.

 

Privacy:

 

General:

  • PIKEme's use and sharing of personally identifiable information ("PII"-- your member name, email address, and etc.) that Members voluntarily provide to PIKEme when they register (also known as "Registration PII"). The PIKEme Website is a general audience site and does not knowingly collect PII from children under 13 years of age.
  • When PIKEme collects PII from you it is because you are voluntarily submitting Registration PII to PIKEme in order to register as a Member of PIKEme. PIKEme may also collect PII from you if you choose to participate in PIKEme Services activities like sweepstakes, contests, and surveys, because you want PIKEme to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to PIKEme for review.
  • In addition, PIKEme collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the PIKEme Services, track usage, and for security purposes.
  • PIKEme Members can change their Registration PII and Profile Information at any time by controlling their account settings, available within the Member "Settings" portion of the website.

 

Cookies:

  • Cookies are small bits of information that PIKEme places on your computer. PIKEme uses cookies to identify your Internet browser, store Users' preferences, and determine whether you have installed the enabling software needed to access certain material on the PIKEme Services. Data in cookies may be read to authenticate user sessions or provide services.
  • Third party advertisements displayed on PIKEme Services may also contain cookies set by Internet advertising companies or advertisers (known as "third party cookies"). PIKEme does not control these third party cookies and Users of the PIKEme Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the "Notice" section below for more information on customized advertising on PIKEme. A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. PIKEme may allow third party pixel tags to be present on PIKEme Services for purposes of advertising, providing services or data and statistics collection.
  • You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the PIKEme Services.
  • PIKEme will provide you with notice about its PII collection practices. When you voluntarily provide PII to PIKEme, PIKEme will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses PIKEme will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Agreement.
  • At the time you provide your PII, PIKEme will notify you of your options regarding our use of your PII (See "Choice" below). Except as described in this Agreement, PIKEme will not share your PII with third parties unless you have given PIKEme permission to do so (See "Use" below).
  • PIKEme Services are linked to Internet sites operated by third party companies. PIKEme Services may also carry advertisements from other companies. PIKEme is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the PIKEme Services or for the privacy practices of third party Internet advertising companies. Once you leave PIKEme Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.
  • Some of the advertisements that appear on PIKEme Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of PIKEme Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.

 

Choice:

  • PIKEme will provide you with choices about the use of your PII. Except as described in this Agreement, PIKEme will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with PIKEme.

 

Use:

  • PIKEme will only use the PII you provide under this Agreement in a manner that is consistent with this Agreement. If PIKEme obtains PII from a third party, such as a business partner, our use of that information is also governed by this Agreement.
  • You agree to receive promotional materials (e.g., newsletters) or notifications from PIKEme and PIKEme may periodically use your email address to send you such materials related to the PIKEme Services, as applicable. If you want to stop receiving such materials from PIKEme, you can change your profile settings under Member My Settings, or follow the unsubscribe instructions at the bottom of each email.
  • PIKEme employees, agents and contractors must have a business reason to obtain access to your PII. PIKEme may share your PII with those who help us manage or provide PIKEme Services, information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging, and prize fulfillment aspects of contests, promotions and sweepstakes.
  • These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide PIKEme with a specific service and not for any other purpose. PIKEme may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII.
  • There may be instances when PIKEme may access or disclose PII or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of PIKEme, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the PIKEme Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if PIKEme sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, PIKEme may transfer your PII to the party or parties involved in the transaction as part of that transaction.

 

Security:

  • PIKEme protects the security of PII. PIKEme uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, PIKEme uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
  • Access, Remedies, and Compliance: Whenever possible, PIKEme Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member Preferences and Member Information by logging into your account and accessing features such as Member "Settings."
  • Upon request to stop using your PII, PIKEme will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local laws.

 

Disclaimers:

  • PIKEme is not responsible for and makes no warranties, expressed or implied, as to the Third Party Linked Services content and the Third Party Linked Services content does not necessarily reflect the opinions, terms, or policies of PIKEme. In addition, PIKEme is not responsible for any damage, injury, or loss caused by Users of the PIKEme Services or by any of the equipment or programming associated with or utilized in the PIKEme Services or Third Party Linked Services.
  • PIKEme is not responsible for the Third Party Linked Services content, accuracy, or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored, or checked for accuracy or completeness by PIKEme. Inclusion of any linked website or service on the PIKEme Services does not imply approval or endorsement of the Third Party Linked Services content or services. When you access Third Party Linked Services websites and services, you do so at your own risk. PIKEme takes no responsibility for the Third Party advertisements or Linked Services that are posted on, through, or in connection with the PIKEme Services, nor does it take any responsibility for the goods or services provided by these Third Parties. PIKEme is not responsible for the conduct, whether online or offline, of any User of the PIKEme Services or Third Party Linked Services.
  • PIKEme is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PIKEme Services or Third Party Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PIKEme Services or Third Party Linked Services.
  • Under no circumstances shall PIKEme be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the PIKEme Services or Third Party Linked Services, attendance at a PIKEme event, from any Content on or through the PIKEme Services or Third Party Linked Services, or from the conduct of any Users of the PIKEme Services, whether online or offline.
  • The PIKEme Services and Linked Services are provided "AS-IS" and as available and PIKEme expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PIKEme cannot guarantee and does not promise any specific results from use of the PIKEme Services or Third Party Linked Services.

 

Limitation on Liability:

  • IN NO EVENT SHALL PIKEME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PIKEME SERVICES OR THIRD PARTY LINKED SERVICES, EVEN IF PIKEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PIKEME'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PIKEME FOR THE PIKEME SERVICES DURING THE TERM OF MEMBERSHIP.

 

Disputes:

  • The Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its conflict of law provisions. You and PIKEme agree to submit to the exclusive jurisdiction of the courts located within the State of Indiana to resolve any dispute arising out of the Agreement or the PIKEme Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

 

Indemnity:

  • You agree to indemnify and hold PIKEme, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the PIKEme Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content, through or in connection with the PIKEme Services.

 

Other:

  • This Agreement is accepted upon your use of the PIKEme Website or any of the PIKEme Services and is further affirmed by you becoming a Member. Your agreement with PIKEme will always include this Agreement at a minimum. Your access and use of certain PIKEme Services will require you to accept additional terms and conditions applicable to such certain PIKEme Services, in addition to this Agreement, and may require you to download Software or Content. The failure of PIKEme to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

PIKEme Trademark and Copyright 2010