Hello and welcome to E-pickr’s (“E-pickr", “we”, “us” and “our” and including our owner(s), parent company(ies), affiliate entities, and employees, and assigns) online website (including all content and functionality available through the https://e-pickr.com/ domain name, the "Site") and mobile application (the “App”), when available. We are delighted to provide you with access to the Site and App, related data, E-pickr’s proprietary software, content and related documentation and information through the App in connection with our current software service used to track sales and rankings of Amazon products and automate various Amazon seller tasks, in addition to and any future features, products and/or services we may provide through the Site or App (collectively the “Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE, THE APP AND/OR SERVICES.
BY VISITING AND PROVIDING INFORMATION TO US THROUGH THE SITE AND/OR APP, DOWNLOADING THE APP, REGISTERING FOR A E-PICKR ACCOUNT (AN “ACCOUNT”), AND/OR ACCESSING OR USING ANY PART OF THE SITE OR THE APP, YOU (THE TERMS “YOU”, “YOUR”, AND “YOURS” SHALL REFER TO ANY AND ALL USERS OF THE SITE AND/OR APP (THE “USER”)) EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY (A) THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT"), AND (B) E-PICKR’S PRIVACY POLICY WHICH CAN BE FOUND AT (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR THE PRIVACY POLICY, YOU DO NOT HAVE ZONGURU’S AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE OR APP.
E-pickr may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications and you agree that your continued access or use of the Site and/or App shall be deemed your conclusive acceptance of the modified Agreement.
1. SERVICE TERMS AND LIMITATIONS.
1.1 Proprietary Rights.
The entire contents displayed on the Site and App (the “Content”) have copyrighted protection as a collective work under the laws of the Netherlands, the European Union and other copyright laws. E-pickr is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or App. You agree not to use any E-pickr logo or any other proprietary graphic or trademark without E-pickr's express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in E-pickr and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.2 Grant of Limited License.
Your access to the Service is licensed and not sold. Subject to the terms of this Agreement, and upon your registration for an Account, E-pickr hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the App and the Site. All the Content that is made available to view and/or download in connection with the Site and App is owned by and is the copyrighted work of E-pickr and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site, the App and/or the Content. Your use of the Services (including the use of the materials that you download in connection with the use of the App, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by the terms of this Agreement. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, the App and Services, and to block or prevent future access to and use of the Site, the App and Services. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site, App, or any Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site, App, or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site, App (including the images found at this Site, App, or any text or the layout/design of any page or form contained on a page).
1.3 User’s Restrictions.
You are not permitted, directly or indirectly, to (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in Article 5.5 in the European directive for copyright and the information society, and Article 15a in the copyright law, the Netherlands, without obtaining the express written consent of E-pickr and/or the copyright owner; (b) distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content, in whole or in part; or (c) remove any proprietary notices or labels on the Content.
1.4 User Agreement.
(a) Account. In order to use the Services, you will need to register for an Account. You may register for an Account by providing us with certain requested information such as your name and email address or, at our discretion, by allowing us to access your name and other profile information through existing accounts you may have on sites such as Google or on social networking websites, such as Facebook or Twitter (collectively, “SN Websites”, and each of Your SN Website profile, a “SN Website Profile”). You agree to: (i) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”) as applicable; (ii) maintain and promptly update your Account to keep it true, accurate, current and complete; (iii) review the types of subscription plans (each a “Plan”) and fees offered by us (accessible at https://e-pickr.com/nl#pricing/)(the “Fees”) to be charged for your use of the Services; and (iv) authorize E-pickr and its affiliates or Processor (as defined in Section 1.6(d) herein) to charge your Credit Card for any and all Fees incurred by you for your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or E-pickr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, E-pickr has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).(b) Use of the App. You understand and agree that (i) your use of the App is conditioned upon your acceptance of the terms of this Agreement; (ii) the App contains copyrighted material, trade secrets, and other proprietary materials of E-pickr and its licensors; (iii) you will only use the App to access and/or use the Services; (iv) you will not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service; (v) you will not authorize any third party to access and/or use the Service on your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on your behalf without a separate written agreement with us; (vi) you will not use any software or hardware that reduces the number of Users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware); (vii) you will not lend, lease, rent or sublicense the App; (viii) you will permit us to send and deliver updates and notifications to you as part of your use of the App; (ix) you will allow the App to automatically download and install updates from time to time from us which are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions; and (x) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (A) decompile, disassemble or reverse engineer the App; (B) modify or create derivative works of the App; (C) use the App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (D) transmit the App or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (E) sell, distribute, rent, lease, sublicense or otherwise transfer the App to a third party; or (F) use components of the App to run applications not running on the App.
1.5 User Representations.
(a) You represent and warrant to E-pickr that you will (i) maintain the security of your user identification, password and other confidential information relating to your Account; (ii) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (iii) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying E-pickr in writing of such use and taking steps to prevent its further occurrence by changing your password; (iv) comply with the terms set forth herein; and (v) comply with all applicable European and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services, the App or Site. (b) You warrant, represent and agree that you will not use the Site or App in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on E-pickr’s goodwill, name or reputation or causes duress, distress or discomfort to E-pickr or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or App, or from advertising, liking or becoming a supplier to use in connection with the Site or App; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of E-pickr; (viii) circumvent, disable or otherwise interfere with security-related features of the Site, the App or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Site or App to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages. (c) You further represent and warrant that (A) you are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under the Agreement; (B) all information provided by you to E-pickr, including Credit Card information, is truthful, accurate and complete; (C) you are authorized, or have the permission of the authorized signatory of the Credit Card provided to E-pickr, to pay any Fees incurred from use of the Services; and (D) you shall comply with all terms and conditions of this Agreement.
1.6 Fees; Third Party Payment Processor.
Fees. Use of the Services is charged on an annual or monthly subscription basis based on the type of Plan you select (the “Subscription”). We may bill any Fees in connection with your Subscription to you through your Account which is processed by our Processor, for use of the Service. You understand and agree that any annual Plan must be paid in full upfront. You agree to pay us all Fees at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Account, and you authorize us to charge your Credit Card for all Fees. You agree to make payments using that selected Credit Card. We reserve the right to change or modify Plan Fees periodically (each a “Fee Change”) and we will provide you notice of such Fee Change through your Account or by posting such Fee Change on the Site or App. Your continued use of the Services after such Fee Change becomes effective shall be deemed your conclusive acceptance of the Fee Change. If you initiate a chargeback or otherwise reverse a payment made with your Credit Card, we may in our discretion terminate your Account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your Account reinstated. Automatic Renewals. Your Subscription will continue indefinitely until canceled by you or terminated by us. After your initial Subscription commitment period, and again after any subsequent Subscription period, your Subscription will automatically renew and continue for an additional equivalent period, at the then current price for such Plan (each renewal period a “Subscription Renewal”). You agree that your Account will be subject to this automatic renewal feature unless you cancel your account at least 10 days prior to the end of your then-current Subscription period. If you cancel your Subscription, you may use your Subscription until the end of your then-current subscription term; your Subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. By subscribing, you authorize E-pickr and our Processor to charge your Credit Card for the initial Subscription and again at the beginning of any subsequent Subscription Renewal. You also authorize E-pickr and our Processor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your Subscription, if we do not receive payment from your Credit Card, you agree to pay all amounts due on your Account upon demand and/or you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your Credit Card until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription Renewal period will begin as of the day payment was received). Refunds. Any refunds provided by E-pickr are subject to this Section 1.6(c) (the “Refund Policy”). Monthly Plans are not eligible for any refunds. If you cancel a Subscription subject to a monthly Plan, you may use your Subscription until the end of the then-current month and you will not be entitled to any prorated refund of any portion of the monthly Subscription Fee. If your Account is terminated by us due to your breach of any term of this Agreement or the Privacy Policy, you will not be eligible for any prorated refund of any portion of your Subscription Fees and your Account will terminate immediately. If you have selected an annual Plan, you may contact us within 30 days for sign-ups on e-pickr.com, following your initial Subscription activation date (the “Refund Period”) to terminate your annual Subscription and receive a full refund of your upfront paid Fees (the “Refund”). To receive the Refund, you understand that you must contact us at Service@E-pickr.com within the Refund Period to cancel your Subscription and request a refund. Any requests for cancellation made after the Refund Period will not be eligible for a Refund. You further understand and agree that our Refund Policy is only applicable to the initial and first annual Subscription period in which you sign up for and is not, under any circumstances, applicable to any Subscription Renewal terms. Third Party Payment Process. You understand that we may use a third-party service provider (the “Processor”) (e.g., Stripe) for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees) to process the Fees. By using the Site, App or Services, you agree to be bound by Processor’s Terms of Use and Processor’s Privacy Policy. You hereby consent to provide and authorize us and Processor to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing us or Processor with your payment information, you agree that Processor is authorized to immediately invoice you for all Fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us and Processor (as applicable) of any change to your payment information. You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless E-pickr, our Affiliates, and Processor from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Services.
1.7. Results not Guaranteed
The use of our data (first party and third party) is presented as a guideline for your interpretation, E-pickr makes no guarantee on your Service’s results.
E-pickr does not make any guarantees regarding your use of our Website or Service. Testimonials and examples provided/depictions on E-pickr’s Website, Service, or programs are examples of possible outcomes. There is no assurance or guarantee that you will see the same results in regards to increased income/Amazon ranking after using programs, products, or services provided by us.
2. FEEDBACK; TESTIMONIAL.
2.1. Feedback
You may provide us with comments and feedback through the Site and/or App. Any such comments or ratings you provide through the Site and/or App will collectively be referred to as “Feedback”. By providing Feedback to E-pickr, you automatically grant to E-pickr a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to us. You further acknowledge and agree that your name, SN Website Profile and/or likeness may be associated with your Feedback and posted on the Site and/or App and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name, SN Website Profile and/or likeness in association with your Feedback. You agree that you shall have no recourse against E-pickr for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that no compensation will be paid with respect to the use of your Feedback, as provided herein, and that E-pickr may remove any Feedback we post on the Site or through the App at any time in our sole discretion. Further, when you provide Feedback, you authorize and direct E-pickr to make such copies thereof as E-pickr deems necessary in order to facilitate the posting and storage of such content on the Site and/or App.
2.2. Testimonial
From time to time, we may ask you to provide a quote, statement, photograph, video or declaration made by you or attributed to you, in whole or in part, with respect to your use of our Services (collectively, the “Testimonial”). You agree that this authorization to use the Testimonials may be assigned by E-pickr to any other party. You agree that that the Testimonials may be combined with other photographs, sounds, text and graphics, and that the Testimonials may be manipulated, cropped, altered or modified in Epickr’s sole discretion.
2.3. Release
You hereby release E-pickr, its directors, officers, employees and agents, from any and all claims and demands arising out of or in connection with such use of the Feedback and/or Testimonial and your name and/or likeness, including, but not limited to, any obligation to make any payment hereunder and from any other liability incurred in connection with the use of any Feedback and/or Testimonial or your name and/or likeness in the manner provided herein. You further acknowledge and agree that this release is irrevocable and binding upon your heirs and assigns.
3. OPERATION.
E-pickr reserves complete and sole discretion with respect to the operation of the Site and the App. E-pickr may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by E-pickr policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site and/or the App.
4. CONTENT AND GENERAL DISCLAIMERS
4.1 General Disclaimer.
THE SITE AND THE APP ARE PROVIDED BY E-PICKR ON AN "AS IS" BASIS. E-PICKR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, E-PICKR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. E-PICKR CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. E-PICKR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THE APP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. E-PICKR DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. E-PICKR MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. Although E-pickr has attempted to provide accurate information on the Site AND APP, E-pickr assumes no responsibility for the accuracy or completeness of the information.
4.2 Informational Purposes Only.
Any opinions, Feedback or Testimonial expressed on the Site or the App are the personal opinions of the original author and not of E-pickr, even though the original author may be employed by E-pickr. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by E-pickr or any other party. E-pickr does not assume any responsibility or liability for any Feedback, Testimonial, opinion or other commentary posted on the Site, the App or any third party website linked to the Site or App and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information.
You understand that when using the Site and/or the App, you may be exposed to third party content from a variety of sources, and that E-pickr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against E-pickr with respect thereto.
4.4 Links to Third Party Sites.
The Site and/or App may contain links to third party websites. You agree that access to any other Internet Site linked to the Site is done at your own risk and E-pickr is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites. You understand these links may lead unintentionally to websites containing information that you or others may find inappropriate or offensive. These links are not under the control of E-pickr and as such, you agree that E-pickr is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party websites. These links are provided by E-pickr merely for convenience and the inclusion of these links does not imply an endorsement or recommendation by E-pickr. You agree that E-pickr is not responsible for any form of transmission received from any link, nor is E-pickr responsible if any of these links are not working appropriately. It is your responsibility when viewing to abide by any privacy statements and terms of use posted in connection with these links.
4.5 Leads.
E-pickr does not promise, guarantee or warrant your business success, income, or sales. You understand and acknowledge that E-pickr will not at any time provide sales leads or referrals to you.
5. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS E-PICKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE APP USING YOUR THE ACCOUNT.
6. WAIVER AND RELEASE.
YOU AGREE THAT NEITHER E-PICKR NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT E-PICKR SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST E-PICKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF E-PICKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT.
7. LIABILITY LIMITATION.
NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, E-PICKR WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE APP OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF E-PICKR MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Site and the app are offered by E-pickr from its facilities in the Netherlands, Europe, and provided for use in Australia, the United States, Asia and Europe. E-pickr makes no representations that the Site OR APP is appropriate or available for use in other locations. Those who access or use the Site OR APP from other jurisdictions do so at their own volition and are responsible for compliance with local law. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION.
E-pickr respects the intellectual property rights of others. You can notify E-pickr of possible copyright infringement, and E-pickr will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following: (a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;(c) A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit E-pickr to locate the material;(d) Your contact information, including your address, telephone number, and email;(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The E-pickr website along with all of its content, features, functionality (including looks/UI), logos, service marks, and Service content (“Intellectual property”) and owned by E-pickr. They are fully protected by European and international copyright, patent, trademark, trade secret, and numerous other intellectual property/proprietary laws. By using E-pickr you agree not to copy, modify, republish, creative derivative works of, publicly display, or public perform any of our Intellectual Property without our express permission. This includes, without limitation, information, data, text, photograph, videos, written posts, comments.
Contact the agent designated to receive and act on copyright violations under the European Copyright Directive ("EUCD”, officially: Directive 2001/29/EC "). Claims can be directed to us at (070) 445 45 45, Service@E-pickr.com or to E-pickr., Attn: Legal Department, 237 Bredaseweg, 4705 RN, Netherlands.
9. TERM AND TERMINATION.
Either you or E-pickr may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. E-pickr also reserves the right to terminate or suspend your Account and access to the Site, App and Services without prior notice. The provisions of Sections 1.1 (Proprietary Rights), 1.3 (User Restrictions), 1.4 (User Agreement), 1.5 (User Representations), 1.6 (Fees; Third Party Payment Processor), 2 (Feedback; Testimonials), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), and 12 (Miscellaneous) shall survive any termination of this Agreement.
10. PRIVACY RIGHTS.
E-pickr is firmly committed to protecting your privacy, the privacy of Users, and the information that E-pickr gathers. In registering for the Services, you represent and agree that you will not use the Services to track or collect personally identifiable information of Users. For E-pickr’s complete policy on privacy, please visit and review E-pickr’s Privacy Policy at e-pickr.com/privacy-statement.
11. EXPORT CONTROLS.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the Dutch Department of International Trade of Nationale Sanctielijst Terrorisme (“NLNST”), or other Dutch or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
12. MISCELLANEOUS.
Governing Law. This Agreement shall be governed, construed, and interpreted in accordance with the laws from the Netherlands without regard to any choice of law provisions. Arbitration. Any cause of action or claim you may have with respect to E-pickr must be commenced within one (1) year after the claim or cause of action arises and shall be resolved exclusively in binding arbitration in the Netherlands. You agree not to file suit against E-pickr or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) mutually agreed upon by you and E-pickr. In the event that you and E-pickr are unable to reach agreement on an Arbitrator, you and E-pickr, at each party’s own expense, will each select one arbitrator (each a “Selected Arbitrator”). Such Selected Arbitrators will then select a third person who will serve as the Arbitrator (who must be a resident of the Netherlands) and, thereafter, the Selected Arbitrators will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and E-pickr and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement. Waiver of Class Action Claims. You understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against E-pickr to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against E-pickr may not be joined or consolidated with claims brought by anyone else. Attorney’s Fees; Injunctive Relief. You agree that in the event of any arbitration or litigation, each party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either you or E-pickr commences an action in a court of law or equity and the responding party successfully moves such court to compel arbitration, the party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other party. Nothing in this Agreement prevents E-pickr from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect E-pickr’s rights prior to, during, or following any arbitration proceeding. Waiver. Epickr’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. Entire Agreement; Severability. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. Third Party Rights. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any nonprofit User, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 5, 6, and 7 are intended to benefit E-pickr and its officers, directors, employees, agents, licensors, and suppliers. Assignment. E-pickr may assign its rights and duties under this Agreement to any party at any time without notice to you. Force Majeure. E-pickr will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of E-pickr. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. E-pickr shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
13. NOTICES; CONTACT
E-pickr may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or the App, or by written communication delivered by first class European mail to your address on record in the Account. If you have any questions or complaints, you may give notice to E-pickr at any time via electronic mail to the Site at the following address:
E-pickr, DSE B.V. Pte Ltd
237 Bredaseweg
4705 RN
Roosendaal
Netherlands
e-mail: support@e-pickr.com
Dutch residents, under Dutch Civil law, may also reach the Consumenten bond, consumer assistance unit, by mail at Postbus 1000, 2500BA Den Haag, Netherlands, or by telephone at (070) 445 45 45