1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively,
including all Content available through the
PikChu.com domain name, the "PikChu Website",
or "Website"), YOU SIGNIFY YOUR ASSENT
TO BOTH THESE TERMS AND CONDITIONS (the "Terms
of Service") AND THE TERMS AND CONDITIONS
OF PIKCHU'S PRIVACY NOTICE, WHICH ARE PUBLISHED
AT http://www.PikChu.com/privacy, AND WHICH
ARE INCORPORATED HEREIN BY REFERENCE. If you
do not agree to any of these terms, then please
do not use the PikChu Website.
2. PikChu Website
These Terms of Service apply to all users of
the PikChu Website. The PikChu Website may contain
links to third party websites that are not owned
or controlled by PikChu. PikChu Media Limited
has no control over, and assumes no responsibility
for, the content, privacy policies, or practices
of any third party websites. In addition, PikChu
will not and cannot censor or edit the content
of any third-party site. By using the Website,
you expressly relieve PikChu Media Limited from
any and all liability arising from your use
of any third-party website. Accordingly, we
encourage you to be aware when you leave the
PikChu Website and to read the terms and conditions
and privacy policy of each other website that
you visit.
3. Website Access
A. PikChu Media Limited hereby grants you permission
to use the Website as set forth in this Terms
of Use, provided that: (i) your use of the Website
as permitted is solely for your personal, non-commercial
use; (ii) you will not copy or distribute any
part of the Website in any medium without PikChu
Media Limited’s prior written authorization;
(iii) you will not alter or modify any part
of the Website other than as may be reasonably
necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply
with the terms and conditions of these Terms
of Use.
B. You agree not to use or launch any automated
system, including without limitation, "robots,"
"spiders," "offline readers,"
etc., that accesses the Website in a manner
that sends more request messages to the PikChu
Media Limited servers in a given period of time
than a human can reasonably produce in the same
period by using a convention on-line web browser.
Notwithstanding the foregoing, PikChu Media
Limited grants the operators of public search
engines permission to use spiders to copy materials
from the site for the sole purpose of creating
publicly available searchable indices of the
materials, but not caches or archives of such
materials. PikChu Media Limited reserves the
right to revoke these exceptions either generally
or in specific cases. You agree not to collect
or harvest any personally identifiable information
from the Website, nor to use the communication
systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website
with respect to their ‘Submissions’.
4. Intellectual Property Rights
The content on the PikChu Website, except all
‘Submissions’ (as defined below),
including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content")
and the trademarks, service marks and logos
contained therein ("Marks"), are owned
by or licensed to PikChu Media Limited, subject
to copyright and other intellectual property
rights under United Kingdom and foreign laws
and international conventions. Content on the
Website is provided to you AS IS for your information
and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the
prior written consent of the respective owners.
PikChu Media Limited reserves all rights not
expressly granted in and to the Website and
the Content. You agree to not engage in the
use, copying, or distribution of any of the
Content other than expressly permitted herein,
including any use, copying, or distribution
of ‘Submissions’ of third parties
obtained through the Website for any commercial
purposes. If you download or print a copy of
the Content for personal use, you must retain
all copyright and other proprietary notices
contained therein. You agree not to circumvent,
disable or otherwise interfere with security
related features of the PikChu Website or features
that prevent or restrict use or copying of any
Content or enforce limitations on use of the
PikChu Website or the Content therein.
5. User Submissions
A. The PikChu Website may now or in the future
permit the submission of photos or other communications
submitted by you and other users ("Submissions")
and the hosting, sharing, and/or publishing
of such Submissions. You understand that whether
or not such Submissions are published, PikChu
Media Limited does not guarantee any confidentiality
(with the exception of cellular telephone numbers)
with respect to any submissions.
B. You shall be solely responsible for your
own Submissions and the consequences of sending
or submitting them for publication. In connection
with Submissions, you affirm, represent, and/or
warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions
to use and authorise PikChu Media Limited to
use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and
all Submissions to enable inclusion and use
of the Submissions in the manner contemplated
by the Website and these Terms of Service; and
(ii) you have the written consent, release,
and/or permission of each and every identifiable
individual person in the Submission to use the
name or likeness of each and every such identifiable
individual person to enable inclusion and use
of the Submissions in the manner contemplated
by the Website and these Terms of Service. For
clarity, you retain all of your ownership rights
in your Submissions. However, by submitting
the Submissions to PikChu Media Limited, you
hereby grant PikChu Media Limited a worldwide,
non-exclusive, royalty-free, sub-licensable
and transferable license to use, reproduce,
distribute, prepare derivative works of, display,
and perform the Submissions in connection with
the PikChu Website and PikChu Media Limited’s
(and its successor's) business, including without
limitation for promoting and redistributing
part or all of the PikChu Website (and derivative
works thereof) in any media formats and through
any media channels. You also hereby grant each
user of the PikChu Website a non-exclusive license
to access your Submissions through the Website,
and to use, reproduce, distribute, prepare derivative
works of, display and perform such Submissions
as permitted through the functionality of the
Website and under these Terms of Service.
C. In connection with Submissions, you further
agree that you will not: (i) submit material
that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary
rights, including privacy and publicity rights,
unless you are the owner of such rights or have
permission from their rightful owner to post
the material and to grant PikChu Media Limited
all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that
could damage PikChu or any third party; (iii)
submit material that is unlawful, obscene, defamatory,
libellous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or
encourages conduct that would be considered
a criminal offence, give rise to civil liability,
violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of
business: (v) impersonate another person. PikChu
Media Limited does not endorse any Submission
or any opinion, recommendation, or advice expressed
therein, and PikChu Media Limited expressly
disclaims any and all liability in connection
with Submissions. PikChu Media Limited does
not permit copyright infringing activities and
infringement of intellectual property rights
on its Website, and PikChu Media Limited will
remove all Content and Submissions if properly
notified that such Content or Submission infringes
on another's intellectual property rights. PikChu
Media Limited reserves the right to remove Content
and Submissions without prior notice. PikChu
Media Limited also reserves the right to decide
whether Content or a Submission is appropriate
and complies with these Terms of Service for
violations other than copyright infringement
and violations of intellectual property law,
such as, but not limited to, pornography, obscene
or defamatory material, or excessive length.
PikChu Media Limited may remove such Submissions
without prior notice and at its sole discretion.
PikChu Media Limited reserves the right to inform
any law enforcement agency regarding Submissions
that violate the above and will actively aid
such law enforcement agency in this regard.
D. In particular, if you are a copyright owner
or an agent thereof and believe that any Submission
or other content infringes upon your copyrights,
you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA")
by providing us with the following information
in writing (see 17 U.S.C 512(c)(3) for further
detail):
(i) A physical or electronic signature of a
person authorised to act on behalf of the owner
of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work
claimed to have been infringed, or, if multiple
copyrighted works at a single online site are
covered by a single notification, a representative
list of such works at that site;
(iii) Identification of the material that is
claimed to be infringing or to be the subject
of infringing activity and that is to be removed
or access to which is to be disabled and information
reasonably sufficient to permit the service
provider to locate the material;
(iv) Information reasonably sufficient to permit
the service provider to contact you, such as
an address, telephone number, and, if available,
an electronic mail;
(v) A statement that you have a good faith believe
that use of the material in the manner complained
of is not authorised by the copyright owner,
its agent, or the law; and
(vi) A statement that the information in the
notification is accurate, and under penalty
of perjury, that you are authorised to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
E. You understand that when using the PikChu
Website, you will be exposed to Submissions
from a variety of sources, and that PikChu Media
Limited is not responsible for the accuracy,
usefulness, safety, or intellectual property
rights of or relating to such Submissions. You
further understand and acknowledge that you
may be exposed to Submissions that are 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 PikChu
Media Limited with respect thereto, and agree
to indemnify and hold PikChu Media Limited,
its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law
regarding all matters related to your use of
the site.
F. Competitions, Draws and Voting. Once a picture
has been submitted to Pikchu, it will be entered
into a free weekly vote driven competition.
In order to maintain a high level of fairness,
the voting on Pikchu will be restricted as follows.
The database will only count the first vote
from a single i.p address in the space of 1
hour. Thus limiting a single i.p address to
24 votes on a single picture over a 24 hour
period. All other votes on the same single photo
with the same i.p. address within the hour will
not be counted. The 10 pictures with the highest
votes in each gallery will then be pooled (totalling
40) and the picture with the best average out
of the pool will win the weekly prize. All pictures
submitted during a month (running from the 1st
of the month to the last day of the month) will
be entered into a free draw for the current
month’s main prize. In essence each unique
identifier number will act as a draw ticket.
Photos will always be included into the current
monthly draw. Employees of Pikchu Media Limited
and their families are excluded from all voting
competitions, draws and offers.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PIKCHU WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, PIKCHU MEDIA LIMITED, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. PIKCHU
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE PIKCHU WEBSITE. PIKCHU DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE PIKCHU WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND PIKCHU MEDIA
LIMITED WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL PIKCHU MEDIA LIMITED, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE PIKCHU WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PIKCHU MEDIA
LIMITED SHALL NOT BE LIABLE FOR THE ‘SUBMISSIONS’
OR 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.
The Website is controlled and offered by PikChu
Media Limited from its facilities in the United
Kingdom. PikChu Media Limited makes no representations
that the PikChu Website is appropriate or available
for use in other locations. Those who access
or use the PikChu Website from other jurisdictions
do so at their own volition and are responsible
for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless
PikChu Media Limited, its parent corporation,
officers, directors, employees and agents, from
and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees)
arising from: (i) your use of and access to
the PikChu Website; (ii) your violation of any
term of these Terms of Service; (iii) your violation
of any third party right, including without
limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User
Submissions caused damage to a third party.
This defense and indemnification obligation
will survive these Terms of Service and your
use of the PikChu Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18
years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are
fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service,
and to abide by and comply with these Terms
of Service. In any case, you affirm that you
are over the age of 15, as the PikChu Website
is not intended for children under 15. If you
are under 15 years of age, then please do not
use the PikChu Website—the internet contains
lots of other great web sites that may be more
suitable for you. Talk to your parents about
what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or
assigned by you, but may be assigned by PikChu
Media Limited without restriction.
11. General
You agree that: (i) the PikChu Website shall
be deemed solely based in the United Kingdom;
and (ii) the PikChu Website shall be deemed
a passive website that does not give rise to
personal jurisdiction over PikChu Media Limited,
either specific or general, in jurisdictions
other than the United Kingdom. These Terms of
Service shall be governed by the internal substantive
laws of the United Kingdom, without respect
to its conflict of laws principles. Any claim
or dispute between you and PikChu Media Limited
that arises in whole or in part from the PikChu
Website shall be decided exclusively by a court
of competent jurisdiction located in the United
Kingdom. These Terms of Service, together with
the Privacy Notice at http://www.PikChu.com/privacy
and any other legal notices published by PikChu
Media Limited on the Website, shall constitute
the entire agreement between you and PikChu
Media Limited concerning the PikChu Website.
If any provision of these Terms of Service is
deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect
the validity of the remaining provisions of
these Terms of Service, which shall remain in
full force and effect. No waiver of any term
of this these Terms of Service shall be deemed
a further or continuing waiver of such term
or any other term, and PikChu Media Limited’s
failure to assert any right or provision under
these Terms of Service shall not constitute
a waiver of such right or provision. PikChu
Media Limited reserves the right to amend these
Terms of Service at any time and without notice,
and it is your responsibility to review these
Terms of Service for any changes. Your use of
the PikChu Website following any amendment of
these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU
AND PIKCHU MEDIA LIMITED AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE PIKCHU
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms and Conditions are applicable
now and were last updated on the 22 May 2007.
The Company reserves the right to modify its
Terms and Conditions from time to time without
notifying its visitors. Visitors agree to periodically
view our Terms and Conditions which will always
be available on the www.pikchu.com website.
