Terms & conditions

1. About the Terms and Age Restrictions

Thank you for choosing us! By using the Pickatale service, app, web pages or applications (“Pickatale”), as well as purchasing products or services from us, you enter into a binding agreement with Pickatale AS (“Pickatale”). We are the owners of Pickatale.

Your agreement with us includes (i) these Terms and Conditions of Use (“the Terms”), as well as (ii) our Privacy Policy. If you do not agree to the Terms, you will not be able to use the service.

We are glad that you chose Pickatale.

To use Pickatale you must:

– (a) be over 18 years old, or be over 13 years old and have the consent of your parent or guardian to use Pickatale; and

– (b) have legal ability to enter into a binding agreement with us and not be prevented from doing so under applicable laws.

All information you register with Pickatale must be accurate, precise and complete. We ask you to keep the information up to date if any changes occur.

2. Changes to the Terms

Occasionally we may, in our sole discretion, make changes to Pickatale and the Terms. We will notify you of such changes. By continuing using Pickatale after the changes, you accept the changes.

3. Discover Pickatale

Here is some information about Pickatale and how Pickatale works:

Once you have entered into an agreement with Pickatale, you will be able to access Pickatale through your subscription. Subscriptions vary in price and content. For more information about your subscription, go to [My Page or AppStore/Google Play].

4. Registration and Security

As part of the registration process, you will be requested to create an account and become a member of Pickatale (a “Member”). In order to register, you will be required to provide certain registration information (including your name, email address, and potentially other uniquely identifying information (“Registration Information”), which must be correct and up to date at all times. Registration Information and certain other information about you are subject to our Privacy Policy, which explains in detail the information that we collect, how we use it, and with whom we share it. Registration Information of Children (defined below), and how we use it, is subject to our Children’s Privacy Policy below.

Each registration applies only to one user. You are not allowed to

share your login information with any other person,

      i.    knowingly use the name, identity, or email or any other person to become a Member or in connection with your use of Pickatale without authorization (unless you are providing parental consent or are creating an account for a Child (defined below),

     ii.      use an email address or other designation that is profane, offensive, or otherwise inappropriate, or

    iii.        allow any third party to use your login information.

You agree that you are fully and solely responsible for maintaining the confidentiality and security of your Member account and Registration Information and for all activities that occur under your Member account.

Please inform contact@pickatale.com if you suspect someone has attempted to log into your account or you notice unusual activity, including loss, theft or disclosure of your password or credit card information to others.

You are responsible for all use and activity through your Pickatale subscription.  We reserve the right, in our sole discretion, to disable or terminate any Member account and refuse future use of Pickatale if we learn or suspect that you have provided us with false, infringing or misleading information, or information not otherwise permitted in accordance with these Terms, or if you or someone else uses your Member account to engage in activity that violates these Terms or is otherwise improper or illegal.

The procedure to register varies depending on the age of the user:

Users at Least the Age of Majority: If you are the age of majority in your jurisdiction or older, you may register and become a Member on your own by providing the Registration Information and following the instructions during the registration process.

Users Between the Age of 13 and the Age of Majority: If you are 13 years old but younger than the age of majority in your jurisdiction, you may register and become a Member on your own as long as you obtain your parent’s consent prior to registering, and by continuing to use Pickatale, you represent and warrant that you have obtained that permission.

Users Under the Age of 13: If you are under the age of 13 (a “Child,” and collectively, “Children”), you may not create an account on your own (such an account, a “Child Account”). If we discover that anyone under the age of 13 has created an account other than as provided below, we will take prompt steps to delete such account. A Child may register and become Members only with verifiable consent of his or her parent or legal guardian. When a Child wishes to create a Child Account, he or she will be prompted to provide only a birthdate to verify their age, username, password, and their parent’s email address (“Pre-Registration Information”). We will tell Children not to include their actual name as part of the username. No other personally identifiable information will be collected from a Child prior to our receiving Parental Consent (as defined below). When the Child submits the Pre-Registration Information, we will automatically send to the parent email address provided by the Child a message requesting that parent’s consent to the creation of the Child Account and containing a description of what information we collect from Children and how we use it, a link to these Terms and our Privacy Policy. IN order to consent to the creation of the Child Account, and our collection of the Child’s personally identifiable information, the parent must click on the link in the mail indicating consent and create a parent account that will be connected to the Child Account (the “Parent Account”). Within a reasonable time after the parent provides such consent, we will send a second confirmatory email from which the parent must indicate consent again.  Through the Parent Account, parents will have access to the Child Account at all times. A parent may modify the Child Account (including setting permissions for the Child to access certain Pickatale features), change any information on the Child Account, or delete the Child Account at any time, and may monitor the Child’s activity on the Child Account. The parental consent described in this section is referred to in these Terms as “Parental Consent.” If we do not receive Parental Consent within seven (7) days of sending either the initial consent email or subsequent confirmatory email, we will automatically delete the Pre-Registration Information.

We believe that protecting the privacy of Children is particularly important and make every effort to comply with the Children’s Online Privacy Protection Act (“COPPA”).  Therefore, except in limited circumstances as permitted by law, we never ask Children for any personally identifiable information unless and until it obtains Parental Consent, and only collect such information as is reasonably necessary to make the services available and to support the internal operations of Pickatale. Our Privacy Policy details the exact personally identifiable information that we may collect from Children, how we use that information, to whom we share that information, the rights of parents and guardians with respect to their Children’s personally identifiable information, and how we obtain Parental Consent.

5. Right of Use

Pickatale and all content offered through it (images, drawings, text, software, technology, etc.) belongs to Pickatale or our licensors. Through a subscription to Pickatale, we grant you a limited right to non-commercial use of Pickatale’s content. The right of use applies as long as your contract is in force.

You may not share or transfer Pickatale, or the content, in whole or in part, to any other party.

All Pickatales’ features, trademarks, logos, domain names and other features of the Pickatale brand belong to Pickatale. Pickatale and/or its licensors reserves all ownership or other rights in Pickatale and its related intellectual property not specifically licensed under these Terms. Unless you and Pickatale otherwise agree in a separate written agreement, the content made available through Pickatale is for personal use only and not for commercial exploitation. Except as permitted by these Terms, you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial, or public purposes all or any portion of Pickatale or its content.

You must follow and adhere to our User Guides (available on [link]) and refrain from any use of Pickatale (including but not limited to content) in violation of the Terms.

You have the right to use the software included in Pickatale, either under these Terms, or under the license terms for third party software that are published in the Help or Settings section of our website.

6. Third Party Applications

Pickatale may choose to allow a third-party application, website, or service platform to make products and services available to you (“Third-Party Applications”). Use of these Third Party Applications is subject to each services’ respective terms of use. You understand and agree that Pickatale is not responsible for the features or content of any Third Party Applications, and assumes no liability for any form of content contained in any third-party content appearing on Pickatale. You understand that the information and opinions in the third-party content are neither endorsed by nor do they reflect the belief or opinion of Pickatale.

7. Consent

Upon acceptance of the Terms, you grant us the right to (a) allow Pickatale to use the processor, bandwidth and storage hardware on your device to facilitate the operation of the Service; (b) provide advertisement and other information to you; and (c) allow our partners to do the same. You can reserve against ads and equivalents after (b) or (c) by sending an email to [email address].

8. User’s Manual

To ensure that Pickatale’s services and the use of Pickatale is enjoyable for everyone, we have established some basic rules for use, available at [link].

We respect intellectual property rights, such as Copyright and Trademark Rights. You must do the same. This means that it is prohibited to:

(a) Copy, reproduce, record or disclose any part of Pickatale or content provided to you via Pickatale, or any other use of Pickatale not expressly permitted under these Terms;

(b) Use Pickatale to import or copy local files that you are not legally entitled to import or copy in this manner;

(c) Reverse engineer, decompile, disassemble, modify or create derivative works based on Pickatale or any part thereof;

(d) Circumvent technology that we, our licensors, or any third party use to protect content available through Pickatale;

(e) Circumvent any restrictions on the availability of Pickatale in a particular country or jurisdiction;

(f) Remove or change any copyright notices or other intellectual property notices within Pickatale;

(g) Give your password to another person or use another Member’s username and password.

Please respect Pickatale and other users of Pickatale. It is prohibited to participate in any activity on Pickatale which:

(a) Is offensive, defamatory, pornographic or obscene;

(b) Is illegal, or is intended to promote or commit illegal acts of any kind including, but not limited to, infringement of intellectual property rights, privacy or other proprietary rights of Pickatale or any third party;

(c) Contains personal information from third parties or is intended to require such personal information;

(d) Harasses or bullies other Members;

(e) Mimics another user, person or entity, or is otherwise dishonest false or misleading behavior;

(f) Promotes commercial products or services; or

(g) Violates these Terms.

If Pickatale believes that you broke any of the basic rules of use or committed any of the prohibited actions in this section 8, Pickatale may, in our sole discretion, terminate your account.

9. Technical Limitations and Modifications

We will make an effort to keep Pickatale operational. However, some technical difficulties or maintenance may occur from time to time otherwise resulting in temporary disturbances. We reserve the right, on a regular basis and at any time, to modify or suspend, temporarily or permanently, and features in Pickatale. This can happen either with or without notice and we are not liable to you for any interruption, change or termination of Pickatale or any part thereof in connection with this. We are not obliged to maintain, support, upgrade or update Pickatale, and its content.

10. Payment, Cancellation and Right to Withdrawal

If you live in a country that is a member of the European Economic Area (EEA) and have purchased a subscription, you have the right to change your mind and receive full refund within fourteen (14) days after the purchase (the “Withdrawal Period”). The right of withdrawal is lost upon your express consent to performance of, that is, at the time the software download begins. Therefore, upon download, you must acknowledge that you thereby lose your right to withdrawal. This right of withdrawal does not apply to any Members residing outside of the EEA.

If you have a subscription, your Pickatale payment will automatically renew at the end of the subscription period. If you do not wish to renew the subscription, you must cancel your subscription via My Page before the end of the current subscription period. Cancellation will take effect the day following the last day of the current subscription period. For example, if your subscription runs for periods of one month at a time, and you cancel April 15th (or any other date in April), the termination will apply as of May 1st.

If you cancel your subscription after the Withdrawal Period has expired and / or before the end of the subscription period, we will not refund subscription fees already paid to us.

We reserve the right to change the price of the subscriptions. In case of any price changes, we will notify you. Price changes for subscriptions will come into effect at the beginning of the next subscription period. For example, if your subscription runs for periods of one month at a time, and we will notify you of a change of price on April 15th, the new price will apply as of May 1st.

By continuing to use Pickatale after the price change comes into effect, you accept the new price.

Purchases may not be made through a Child Account. Purchases and payments may be made on behalf of a Child Account through the Parent Account with which it is linked.

11. Terms of Termination

In the event of suspected or documented unauthorized use of your Pickatale subscription or, if you do not comply with these Terms, we may terminate your agreement with us, or suspend your access to Pickatale with reasonable notice.

If you want to know how to quit Pickatale, see section 10 (Payment, Cancellation and Right to Withdrawal) above.

To the extent permitted by invariable law, we are without liability for termination of the agreement, for any reason, or if we suspend your access to Pickatale. This means, among other things, that we do not give refunds.

12. No Warranties

TO THE EXTENT NOT PROHIBITED BY LAW, PICKATALE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND PICKATALE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, PICKATALE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM PICKATALE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON PICKATALE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF PICKATALE OR ANY PORTION THEREOF, (E) YOUR USE OF PICKATALE, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH PICKATALE.

13. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, PICKATALE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF PICKATALE, ANY FACTS OR OPINIONS APPEARING THEREIN, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, PICKATALE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE PICKATALE. TO THE EXTENT NOT PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PICKATALE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO 100.00 U.S. DOLLARS.

14. Entire Agreement

These Terms constitute the entire agreement between you and us, and supersede any prior agreements.

However, please note that other pages of your use of Pickatale may be governed by changes to the Terms or Pickatale, cf. Section 2 (Changes to Terms).

Occasionally, we may offer you the opportunity to participate in competitions and surveys (“Special Promotions”) through the service. Special promotions may be subject to special terms and conditions.

15. Choice of Law and Jurisdiction

The agreement is governed by Norwegian law.

If an amicable solution is not reached after mediation in the Consumer Council, you or we may request that Forbrukerrådet (the Norwegian Consumer Council) promote the dispute for Forbrukerklageutvalget (the Norwegian Consumer Rights Committee). Decisions taken by the Consumer Rights Committee will be enforceable one month after the announcement. Before the decision becomes enforceable, you or we may bring the dispute before the ordinary courts.

We hope you like Pickatale.

Copyright © 2018 Pickatale AS. All rights reserved.

Pickatale AS

Forskningsparken

Gaustadalléen 21

N-0349, Oslo

Org.Nr: 999 638 058