If you are a user having your usual residence in the EEA, the United Kingdom or Switzerland, these Terms of Service shall apply.
Please refer to your local Terms of Service for more information.
PICO TERMS OF SERVICE
(If you are a user having your usual residence in the EEA, the United Kingdom or Switzerland)
Last updated: 20 May 2022
1. YOUR RELATIONSHIP WITH US
Welcome to Pico! Pico is an online service provided by Pico Immersive Pte. Ltd., with its address at 1 Raffles Quay, #26-10, South Tower, Singapore 048583 (email: email@example.com) ("Pico", "we", "us", or "our").
These Terms of Service (the/these "Terms") govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use Pico and our related websites, services, applications and content (collectively, our "Services"). Our Services are provided for your private, non-commercial use only. For the purposes of these Terms, "you" and "your" means you as the user of our Services.
We may, in our sole and absolute discretion, perform our obligations under these Terms, whether in whole or in part, through one or more of our subsidiaries, or associated or related companies or corporations, or Third Party Providers (defined below), and the full and complete performance by any such person(s) shall constitute full performance by us of our corresponding obligations.
2. ACCEPTING THE TERMS
We may from time to time notify you of and request that you accept supplemental terms applicable to you in respect of access and/or use from particular jurisdictions ("Jurisdiction-Specific Terms"), and in the event of a conflict between the provisions of the Jurisdiction-Specific Terms and the rest of these Terms, the relevant Jurisdiction-Specific Terms will supersede and control. Jurisdiction Specific Terms will only apply to additional Services we may offer to you after you accepted them or subject to the mechanism for changes to these Terms set out below (section 3).
IF YOU ARE YOUNGER THAN 18 YEARS OF AGE OR THE RELEVANT AGE OF MAJORITY UNDER APPLICABLE LAW ("MINOR"): (A) YOU MUST OBTAIN PERMISSION FROM YOUR PARENT(S) OR LEGAL GUARDIAN(S) (IF APPLICABLE) TO ACCESS AND/OR USE OUR SERVICES; (B) YOUR PARENT(S) OR LEGAL GUARDIAN(S) (AS THE CASE MAY BE) MUST AGREE TO THESE TERMS; AND (C) YOU MUST ONLY USE ANY OF OUR SERVICES ONLY IN CONJUNCTION WITH AND UNDER THE SUPERVISION OR CONSENT OF YOUR PARENT(S) OR LEGAL GUARDIAN(S).
We may also prescribe additional age limitations for certain of our Services that may be higher than 18 years of age. If we learn that someone under the relevant age allowed is using our Services, we shall have the right to terminate that user's account.
3. CHANGES TO THESE TERMS
We may amend these Terms from time to time if and to the extent that this is necessary for good reasons not foreseeable at the time of conclusion of the contract, for instance if new technical developments necessitate a change in performance as we can no longer render the services in the previous contractually agreed form or when there are regulatory changes. This may be the case, in particular, if the established law practice on the effectiveness of provisions within these Terms of Service changes, if one or more provisions in these Terms of Service are declared invalid by competent courts or if a change in law leads to the invalidity of one or more provisions of these Terms of Service. Changes to these Terms of Service are only carried out if the change is reasonable for you, in particular where the balance between performance and counter-performance is not significantly affected to your disadvantage.
We will notify you of such changes with reasonable notice by sending an email notification to the address you have provided and by informing you of the date the changes enter into force so you may review the amendments (“Notice of Changes”). Changes to the Terms of Service are deemed approved by you if you do not expressly object to them after receipt of the Notice of Changes within the notice period. We will specifically draw your attention to the significance and consequences of your non-objection, the commencement of the period for your objection, and the date on which the changes take effect. In the absence of such Notice of Changes or if the Notice of Changes is incomplete, your omission to object does not constitute an acceptance of the changes.
4. YOUR ACCOUNT WITH US
To access or use our Services, you may be required to create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, and keep such information current and complete. You must also comply with any other instructions that are part of the registration process.
You must keep your account password confidential and not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at firstname.lastname@example.org.
You are solely responsible (to us and to any others) for the activity culpably caused by you that occurs under your account or otherwise in a manner associated with your account credentials, except if such activity is due to our failure to ensure our Services’ security.
We shall have the right to terminate or disable your user account if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which : (a) cause damage to or impair any of our Services; (b) infringe or violate any third party rights; and/or (c) violate any applicable laws. We will notify you without undue delay before we terminate or disable your user account and inform you about the reason, unless the reason is a violation of the applicable criminal laws and/or we are fulfilling legal obligations which do not require prior notification. We will reinstall access to your account without undue delay where you have provided compelling reasons that our action was not justified.
If you would like your account deleted, contact us at: email@example.com and this will result in the termination of these Terms. Once you choose to delete your account, you may not be able to reactivate your account or retrieve any of the content or information associated with your account or that you have provided.
5. LICENCE TO SERVICES
You agree not to use our Services to infringe any intellectual property rights. We shall have the right, with notice, at any time to block access to and/or terminate the accounts of any user who infringes or is alleged (on the basis of substantiated grounds) to infringe any copyright, trade mark or other intellectual property or moral rights.
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, licence to access and use our Services in our approved jurisdictions, including to access the Pico Content (as defined below) as part of our Services solely for your personal, non-commercial use and solely in compliance with these Terms. Pico reserves all rights not expressly granted to you.
Due to legal or regulatory restrictions in any jurisdiction, you: (a) may not be able to access or use any of our Services in or from a jurisdiction; and/or (b) may be infringing certain legal or regulatory requirements under applicable laws when accessing or using our Services in or from such jurisdiction.
6. YOUR ACCESS AND USE OUR SERVICES
Information on our Services features will be provided to you on your registration page.
You must not (except where such prohibition is not allowed under applicable law) without our express written consent:
We may require you to use certain equipment and/or software to access and use our Services as set out prior to your acceptance of these Terms, and you must only use hardware and/or software that we have approved for such purposes. We may also from time to time ask you to install updates that are necessary to the Services conformity as a condition to continued access to any of our Services.
7. SCREEN CAST
We may from time to time make available functionalities on our Services allowing you to cast, mirror, stream or otherwise share the contents of your Pico device to the screen of another device or channel. If you choose to activate such functionalities, you acknowledge and agree that:
8. PICO STORE
Pico Store is where you can buy digital games and other digital content (each a “Digital Product”). By accepting these Terms in order to purchase, access, download, and/or install any Digital Product from Pico Store, you acknowledge and agree that:
We may display age restrictions and/or content ratings required under applicable laws for the digital content made available on Pico Store that are based on information provided to us by the developers of such content. However, please note that certain digital content made available on the Pico Store may contain user generated content, which is not within our control.
9. PURCHASE OF DIGITAL PRODUCTS
When making any order through Pico to purchase (even if the price is indicated as zero) or download any Digital Product, and completing a transaction, you will be requested to agree to these Terms and any third-party terms associated with use of the particular Digital Product.
You can place an order with respect to the Digital Products of your choice. When placing an order, you may be required to provide certain information (including your contact and shipping information). You represent and warrant that all such provided information is accurate, complete, and will be kept current. We shall have no obligation to verify the information you provide, and we shall not be responsible or liable for inaccurate or incomplete information.
Each Digital Product listing may indicate the particular manner in which you may be required to use the Digital Product, as well as any terms in relation thereto. It is your responsibility to review such information carefully before placing an order to purchase the Digital Product.
Your purchase of a Digital Product is a payment for a limited, non-assignable licence to access and use the content or functionality in the Digital Product. Certain digital content (e.g. virtual characters or character names, etc) purchased or available to you may only be used in connection with the Digital Product where you obtained them or where they were developed by you as a result of gameplay or other in-app activity. Such digital content is not redeemable or subject to refund and cannot be traded outside of the Digital Product for money or other items of value.
Except as expressly stated in these Terms (and without prejudice to your legal warranty rights) or Pico Store Refund Policy as may be notified to you from time to time via our approved channels, all purchases from Pico Store are final and non-refundable. Please see Section 13 on your statutory withdrawal rights.
If you delete your account, you may lose access to and use of any purchased Digital Product.
10. SUPPLY OF DIGITAL PRODUCTS AND SUPPLY OF OUR SERVICES
We will provide the Digital Product(s) and our Services, without undue delay after the conclusion of the contract, to you unless we expressly agree on a specific date or period, by any appropriate means of accessing or downloading.
11. PRICES AND PAYMENT OF DIGITAL PRODUCTS
The price applicable to your transaction will be the price that was in effect at the time of the transaction. If your order is processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any Digital Products provided to you on such terms as may be notified to you.
You agree that any payment made on or through Pico Store shall be made using any of the payment methods prescribed by us at the time of your purchase, and all charges and/or fees are to be paid in accordance with specific instructions as may be prescribed by us. You are solely responsible for all amounts payable associated with purchases you make on Pico Store. We may from time to time, add, remove, modify or discontinue, temporarily or permanently, any payment processing method in our sole and absolute discretion for the payment of future purchases.
You must abide by any relevant terms and conditions or other agreement that governs your access and/or use of any payment or related functionalities (including without limitation payment methods) in connection with the acceptance and processing of payments (including in respect of payment gateway services, settlement, and refunds) ("Payment Features") made available via Pico Store, which may be provided by Third Party Providers, including financial services providers providing or facilitating the provision of Payment Features, e.g. banks, payment services businesses, payment networks, financial institutions and other financial intermediaries (each a "Financial Services Provider"). You acknowledge and agree that:
If any payments made by you to us under these Terms that are subject to any withholding taxes levied by any governmental and taxation authorities, you shall be responsible for such withholding taxes. In this event, all amounts payable by you under these Terms must be paid free and clear of, and without set-off, counterclaim, deduction or withholding for, any taxes, currency control restrictions or other withholdings. If required by applicable laws to set-off, counterclaim, deduct or withhold, you will gross up the relevant amount to ensure that we receive the full cash amount that it would have received without such deduction or withholding.
12. MODIFICATIONS OF OUR SRVICES AND/OR OF DIGITAL PRODUCTS
We may from time to time, beyond what is necessary to maintain the contractual conformity, update, upgrade, modify, alter, suspend, whether in whole in part, any of our Services, our Digital Product and/or Pico Content (as defined below), (a “Modification”) , for a valid reason. Valid reasons include improvement of our Services, Digital Products or Pico Contents to your advantage (such as offering new services, providing for a wider offer of contents or services, adding new features to a Digital Product), changes that are necessary due to a new technical environment, an increased or decreased number of users, intellectual property infringements or alleged intellectual property infringements, changes in licenses we hold from third parties or other third-party compliance requirements, termination of agreements we have with third-parties for whatever reason, discontinuance of the supply, by a third-party, of a service or feature which is part or interconnected with our Services or a Digital Product, significant changes of specific and verifiable open market costs, necessary enhancements of the safety of users or other third parties or other material, legal, regulatory or security reasons.
You shall not incur any additional costs for Modifications. We will inform you about the Modification in the Services, on the Digital Product and/or on the Pico Content in a clear and comprehensible manner.
If the Modification negatively impacts your access of or use of our Services or the Digital Product, or Pico Content in a more than minor manner (“Significant Modification”), we shall inform you at least eight weeks in advance on a durable medium, e.g. by e-mail ("Modification Notice"). The Modification Notice shall include the features and time of the Significant Modification and your rights described below. In the event of Significant Modifications, you have the right to terminate the contract related to the respective Service or Digital Product or Pico Content free of charge with a notice period of 30 days. The period begins with your receipt of the Modification Notice. If the Significant Modification is made after you receive the Modification Notice, the period shall begin to run only from the date of the Modification. Your termination of the contract is excluded if we enable you to maintain access and use of the Service or Digital Product or Pico Content without the Significant Modification without additional costs and in conformity with the contract.
13. WITHDRAWAL RIGHT
You have a statutory right of withdrawal from contracts on the Service (including a paid Service), and/or a Digital Product in accordance with the below.
| Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of this contract.
To exercise the right of withdrawal, you must inform us, Pico Immersive Pte. Ltd., 1 Raffles Quay, #26-10, South Tower, Singapore 048583 and firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
| Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To: Pico Immersive Pte. Ltd [1 Raffles Quay, #26-10, South Tower, Singapore 048583 and email@example.com]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) /for the provision of the following service (*) ,
Ordered on (*) /received on (*) ,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Loss of the Right of Withdrawal
You will lose your withdrawal right under the following circumstances:
- When the Digital Product or the Service consists in a digital content which was provided to you before the end of the withdrawal period, and, if you are under the obligation to pay a fee to obtain this digital content, provided that (i) you expressly agreed that the performance of the contract begins during the withdrawal period (this is to say that you requested receiving your content before the 14-day period ended), (ii) you acknowledged that you thereby lose your withdrawal right, and (iii) we confirmed your agreement and acceptance on a durable medium.
- When the Digital Product or Service consists in a digital service which has been fully performed, and, if you are under the obligation to pay a fee to obtain this digital service, provided that (i) you agreed that the performance of the contract begins during the withdrawal period and (ii) you acknowledged that once we fully have performed the contract you will lose your withdrawal right.
14. THIRD PARTY PROVIDERS
Where any product/service/content/functionality or any part of our Services (including, for the avoidance of doubt, functionalities thereof) links to a third-party (“Third Party Providers”) product/service/content/functionality (each a "Third Party Element"), you acknowledge and agree that:
15. PERSONAL DATA AND SECURITY
You are solely responsible for configuring your device(s), information technology, computer programme(s) and platform(s) to access our Services. It is your responsibility to use an appropriate virus protection software. We cannot guarantee any transmissions made on or through the Internet by you will be secure or confidential.
16. INTELLECTUAL PROERTY AND CONTENT RIGHTS
As between you and Pico, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on, materials, and "look and feel" of our Services, and all intellectual property rights related thereto (the "Pico Content"), are either owned by or licensed to Pico, it being understood that you or your licensors will own the User Content (as defined below) that you upload or transmit through our Services unless such content is already owned by or licensed to us. Use of the Pico Content for any purpose not expressly permitted by these Terms is strictly prohibited. Your right to use copyrighted content within the scope of applicable statutory exemptions, including the German Copyright Act, remains unaffected. We and our licensors reserve all rights not expressly granted to you in and to Pico Content. Nothing in these Terms confers on you any rights to use "Pico" and any other trade marks, service marks, logos, get-up, trade names, goodwill, internet domain names, slogans, product names and designations and other proprietary indicia used as part of any of our Services, all of which are and remain the property of Pico or the relevant owner(s).
You further acknowledge that, except as required under statutory law or specifically permitted by us in these Terms or in another written agreement you enter into with us, you (a) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through our Services, including in any User Content created by you, and (b) are prohibited from exercising any rights to monetise or obtain consideration from any User Content within our Services or on any third party service (e.g., you cannot claim, for monetisation, User Content that has been uploaded to a third party platform).
You acknowledge that we have no obligation to pro-actively pre-screen, monitor, review, or edit any content transmitted or uploaded by you and other users on our Services.
Users of our Services may be permitted to upload, post or transmit or otherwise make available content through our Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content"). We may also from time to time make available functionalities that enable users of our Services to extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user, or enable users to overlay music, graphics, stickers, virtual items, and other elements provided by Pico ("Pico Elements") onto User Content and transmit this User Content through our Services. The information and materials in the User Content, including User Content that includes Pico Elements, have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through our Services (including to third party platforms), or to make contact with other users of our Services, you must comply with the standards set out at "Your Access to and Use of Pico Services" above. You may also choose to upload or transmit your User Content, including User Content that includes Pico Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at "Your Access to and Use of Pico Services" above. You warrant that any such upload, transmission, and/or contact complies with those standards, and you shall be liable to us and fully indemnify us for any breach of that warranty -- this means you shall be fully responsible for any loss or damage we suffer as a result of your breach of this warranty.
You must not post any User Content on or through our Services or transmit to us any User Content that is confidential or proprietary. Any User Content shall be deemed to be non-confidential and non-proprietary.
When you submit User Content through our Services, you agree and represent that you own that User Content, or that you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to our Services for all purposes contemplated under these Terms, to transmit it from our Services to other third party platforms, adopt or integrate any third party content (as the case may be), and grant us all licences in User Content as contemplated under these Terms. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not submit such sound recordings to our Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to our Services. You must not expose us or other users to any intellectual property or other claims relating to User Content that you submit through our Services.
You must not upload any User Content to which you are not the owner of the intellectual property rights. You or the relevant owner (as the case may be) of your User Content may still own any copyright in User Content submitted to our Services, save that by agreeing to these Terms, when submitting or transmitting User Content via our Services, you hereby grant us an unconditional non-exclusive, subject to mandatory statutory remuneration claims royalty-free, fully transferable, worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of our Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on our Services or our social network pages,, for purposes of operating the Services and for marketing and promotional purposes. This licence is granted for the legal duration of the intellectual property rights pertaining on your User Content. You further grant us an unconditional non-exclusive, subject to mandatory statutory remuneration claims royalty-free, fully transferable, worldwide licence to use your user name(s) and image(s) to identify you as the source of any of your User Content, for the time of publication of your User Content.
For the avoidance of doubt, the rights you grant in your User Content under these Terms include, but are not limited to, the right for us and other users of our Services to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights or collective management organisation, nor any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
We, or third parties we authorise, shall have the right to cut, crop, edit or refuse to publish, User Content at our or their sole and absolute discretion. To avoid doubt, we have the right – but not the obligation – to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties. Where required, we will inform you of the reasons for our actions without undue delay. We will reinstall access to any User Content without undue delay where we are provided compelling reasons that our action was not justified.
Pico may take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Pico's policy, to disable or terminate the accounts of users of our Services who infringe intellectual property or other rights.
We may from time to time make available features that may allow you to control whether your User Content is made publicly available on our Services to all other users of our Services or only available to people you designate. To restrict access to your User Content accordingly, it is your responsibility to select the appropriate setting, if available, within Pico or on such channel as we may designate.
Despite the above, we do not represent or warrant the accuracy, integrity, appropriateness, quality of any User Content, nor that the User Content does not infringe intellectual property rights, and under no circumstances shall we be liable in any way for any User Content (including for the avoidance of doubt any third party materials incorporated in User Content), except if informed of an unlawful content and failing to promptly removing it. We shall have no liability in respect of any User Content published by third parties.
If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
17. LEGAL WARRANTIES IN RELATION TO OUR SERVICES AND DIGITAL PRODUCTS
We shall provide warranties for our Services and Digital Products in accordance with statutory requirements.
18. LIMITATION OF LIABILITY
Section 18 shall not apply to users with a habitual residence in the Federal Republic of Germany. For users domiciled in the Federal Republic of Germany, the corresponding provision under section 21 shall apply instead.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAWS, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY US.
WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR:
l ANY (i) LOSS OF BUSINESS; (ii) LOSS OF GOODWILL; (iii) BUSINESS REPUTATION; (iv) BUSINESS INTERRUPTION; (v) LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (vi) LOSS OF GOODWILL; ; AND/OR (vii) INDIRECT LOSSES WHICH MAY BE INCURRED BY YOU; AND/OR
l ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(i) ANY CHANGES WHICH WE MAY MAKE TO OUR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OUR SERVICES (OR ANY FEATURES WITHIN OUR SERVICES), PROVIDED WE COMPLY WITH PROVISIONS OF SECTION 12 ABOVE;
(ii) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; AND/OR
(iii) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
WE SHALL NOT IN ANY EVENT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR REQUEST TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE AND THAT IS NECESSARY TO MAINTAIN A DIGITAL PRODUCT OR OUR SERVICE INTO CONFORMITY OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW CLEAR INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS REQUIRED BY US OR FOR DAMAGE THAT ARISES IN CONNECTION WITH YOUR BREACH OF ANY OF THESE TERMS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, IT IS YOUR RESPONSIBILITY TO ASK YOUR SERVICE PROVIDER BEFORE USING OUR SERVICES.
You agree to defend, indemnify, and hold harmless Pico, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account under these Terms or arising out of a culpable breach of your obligations, representation and warranties under these Terms.
20. OTHER TERMS
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of your country of residence. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the jurisdiction of the competent courts of your country of residence.
An alternative dispute resolution procedure is offered by the European Commission to citizens of EU and EEA member states through the platform for Online Dispute Resolution available at the following address: http://ec.europa.eu/consumers/odr. We are neither required nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Open Source. Aspects of our Services may contain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Pico Open Source Notice.
Entire Agreement. These Terms, and the documents referred to in it, embodies the entire agreement and understanding between the you and us relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to our Services.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is illegal or invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms shall continue to be valid and enforceable, as long as the removed provisions are not essential obligations under these Terms.
Third Party Rights: Where these Terms are subject to English law, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms.
21. SUPPLEMENTAL TERMS – JURISDICTION SPECIFIC
For users that have their habitual residence in Germany, the following rules apply and supersede any conflicting provisions in the Terms.
Limitation of Liability
Pico shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health. In an event of slight negligence, we shall be liable only for breaches of a material contractual obligation, limited to the typical and foreseeable damages at the time the contract was concluded. A material contractual obligation in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely. Any potential liability on the part of Pico for any guarantees and for claims based on the German Product Liability Act shall not be affected. The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of Pico.
| As a consumer, you have the following statutory rights and guarantees in relation to the Services and Digital Products. Pico will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code.
Guarantee of conformity
Pico is liable for supplying digital contents and services that comply with the contract with the objective and subjective criteria set out by the law. Regarding one-off supply, Pico is accountable for any non-conformity that exists at the time of supply and becoming apparent within two years of supply. Regarding digital content of service supplied on a continuous basis, Pico is accountable for any non-conformity which becomes apparent during the period in which it is supplied under the contract. Pico is also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the digital content or service into the consumer's digital environment where this has been done by Pico or under its responsibility, or where the incorrect integration by the consumer is the result of deficiencies in the instructions provided by Pico.
For the 12 month period following the supply of the Services or Digital Product, you will not be required to prove the existence of the defect.
In the event of lack of conformity, you shall be entitled to have the Service or Digital Product brought into conformity or, failing that, to have the price reduced or to cancel the contract, under the below conditions
- Compliance shall be achieved at no cost to you, without undue delay following you request and without significant inconvenience, taking into account the nature of the Service or Digital Product concerned and the use that you intended;
- You shall not be required to pay for the use you made of the Service or Digital Product during the period, prior to termination of the contract, in which that Service or Digital Product was not in conformity.
- You are entitled to a reduction in price or to rescission of the contract in the following cases:
1. Where Pico refuses to bring the digital content or service into conformity;
2. Where the bringing into conformity of the Service or Digital Product is unjustifiably delayed or causes costs or major inconvenience to you;
3. Where the non-conformity of the Service or Digital Product persists despite Pico's unsuccessful attempt to bring it into conformity;
You shall also be entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. You are then not obliged to ask for the Service or Digital Product to be brought into conformity beforehand. However, the contract may not be rescinded if the lack of conformity is minor, which is for Pico to demonstrate (this shall not apply to contracts where you do not pay a price).
When you choose to obtain a price reduction or to cancel the contract, you shall inform Pico of your decision to obtain a price reduction. The price reduction shall be proportionate to the difference between the value of the Service or Digital Content provided and the value of that Service or Digital Content in the absence of the lack of conformity. The refund to the consumer of any sums due by Pico, or any other benefit received under the contract, shall be made without undue delay and at the latest within 14 days from the day on which you inform Pico of your decision to exercise your right to reduce the price or rescind the contract. Pico shall reimburse these sums using the same means of payment as the one you used at the time of the conclusion of the contract, unless you expressly agree otherwise and in any case without any additional cost.