Last Updated: March 28, 2018
Thank you for using Pikk!
1. Eligibility, Using the Pikk Platform, Member Verification
1.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Pikk Platform or register a
n Pikk Account. By accessing or using the Pikk Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
1.2 You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
1.3 You will comply with this Agreement and any applicable local, state, national and international laws, rules and regulations.
1.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
1.4 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
2. Scope of Pikk Services
2.1 The Pikk Platform is a community of travelers connecting anywhere they visit. Registered users (“Members”) communicate directly with each other.
2.2 To assist Members who speak different languages, some of Member Content may be translated, in whole or in part, into other languages. Pikk cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
2.3 The Pikk Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Pikk is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Pikk of such Third-Party Services.
2.4 Due to the nature of the Internet, Pikk cannot guarantee the continuous and uninterrupted availability and accessibility of the Pikk Platform. Pikk may restrict the availability of the Pikk Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Pikk Platform. Pikk may improve, enhance and modify the Pikk Platform and introduce new Pikk Services from time to time.
Pikk reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Pikk Platform and update the “Last Updated” date at the top of these Terms. We will notify you via email about changes in our Terms and Policies; if these changes do not materially affect your rights or obligations, we may not provide you with notice before taking them.
4.1 You must register an account ("Pikk Account") to access and use available features of the Pikk Platform.
4.2 You may register Pikk Account through your account with certain third-party social networking services, such as Facebook.
4.3 You must provide accurate, current and complete information during the registration process and keep your Pikk Account and public Pikk Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Pikk Account unless Pikk authorizes you to do so. You may not assign or otherwise transfer your Pikk Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Pikk Account credentials and may not disclose your credentials to any third party.
5.1 Pikk may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Pikk Platform ("Member Content"); and (ii) access and view Member Content and any content that Pikk itself makes available on or through the Pikk Platform, including proprietary Pikk content and any content licensed or authorized for use by or through Pikk from a third party ("Pikk Content" and together with Member Content, "Collective Content").
5.2 The Pikk Platform, Pikk Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Pikk Platform and Pikk Content, including all associated intellectual property rights, are the exclusive property of Pikk and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Pikk Platform, Pikk Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Pikk used on or in connection with the Pikk Platform and Pikk Content are trademarks or registered trademarks of Pikk in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Pikk Platform, Pikk Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.4 Subject to your compliance with these Terms, Pikk grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Pikk Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Pikk Platform, you grant to Pikk a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Pikk Platform, in any media or platform. Unless you provide specific consent, Pikk does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.7 You are solely responsible for all Member Content that you make available on or through the Pikk Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Pikk Platform or you have all rights, licenses, consents and releases that are necessary to grant to Pikk the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Pikk's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances. Pikk may, without prior notice, remove or disable access to any Member Content that Pikk finds to be in violation of these Terms or Pikk’s then current Policies and Standarts, or otherwise may be harmful or objectionable to Pikk, its Members, third parties, or property.
6. Right you grant Pikk
By creating an account, you grant to Pikk a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Pikk users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Pikk above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Pikk allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Pikk regarding our Services, you agree that Pikk may use and share such feedback for any purpose without compensating you.
You agree that Pikk may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
6.1 You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Pikk Platform. In connection with your use of the Pikk Platform, you will not and will not assist or enable others to:
6.2 You acknowledge that Pikk has no obligation to monitor the access to or use of the Pikk Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Pikk Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Pikk in good faith, and to provide Pikk with such information and take such actions as may be reasonably requested by Pikk with respect to any investigation undertaken by Pikk or a representative of Pikk regarding the use or abuse of the Pikk Platform.
6.3 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PIKK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PIKK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PIKK RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Pikk by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
7.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Pikk terminate the Agreement in accordance with this provision.
7.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Pikk Platform or by sending us an email.
7.3 Pikk may immediately, without notice terminate this Agreement if (i) you have breached your obligations under these Terms, our Policies or Standarts (ii) you have violated applicable laws, regulations or (iii) Pikk believes in good faith that such action is reasonably necessary to protect the personal safety or property of Pikk, its Members.
7.4 In addition, Pikk may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, oour Policies or Standarts, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Pikk Account registration, (iv) fail to meet any applicable quality or eligibility criteria, or (vii) Pikk believes in good faith that such action is reasonably necessary to protect the personal safety or property of Pikk, its Members or to prevent fraud or other illegal activity:
7.5 When this Agreement has been terminated, you are not entitled to a restoration of your Pikk Account or any of your Member Content. If your access to or use of the Pikk Platform has been limited or your Pikk Account has been suspended or this Agreement has been terminated by us, you may not register a new Pikk Account or access and use the Pikk Platform through an Pikk Account of another Member.
If you choose to use the Pikk Platform, you do so voluntarily and at your sole risk. The Pikk Platform is provided “as is”, without warranty of any kind, either express or implied.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Pikk Platform or any other interaction you have with other Members whether in person or online remains with you. Neither Pikk nor any other party involved in creating, producing, or delivering the Pikk Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Pikk Platform, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Pikk Platform.
You agree to release, defend (at Pikk’s option), indemnify, and hold Pikk and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Pikk Platform or any Pikk Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Pikk’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Pikk Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Pikk Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
12.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Pikk and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Pikk and you in relation to the access to and use of the Pikk Platform.
12.2 No joint venture, partnership, employment, or agency relationship exists between you and Pikk as a result of this Agreement or your use of the Pikk Platform.
12.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
12.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
12.5 Pikk’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
12.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Pikk's prior written consent. Pikk may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
12.7 If you have any questions about these Terms please firstname.lastname@example.org