Terms of Service

Soarables, Inc. (the “Company”) is pleased to provide you with Picke.

Introduction And Acceptance of Terms

This is the User Agreement (“Agreement”) for picke.com (“Website”) and the picke application (“App”) (collectively, “Services”). The terms and conditions by which you may use the Services are delineated below. Acceptance of the terms contained in the Agreement and those in the Privacy Policy are required to use or access the Services. If you use or access the Services, your use or access signifies your agreement to the terms set forth herein (hereinafter, the “Agreement”) and the terms of the Privacy Policy, as well as you agree and consent to have this Agreement and all notices provided to you in electronic form.

If you refuse to accept the terms contained in the Agreement and the Privacy Policy, you are expressly prohibited from using the Services. If you subsequently wish to revoke your acceptance to the terms of this Agreement and the Privacy Policy, you must cease using the Services and terminate your account.

The terms contained in this Agreement control and supersede any terms contained in the Privacy Policy, to the extent there is a contradiction between the Agreement and the Privacy Policy. Importantly, no third-party maintains or is conferred with any rights based on anything contained in this Agreement or the Privacy Policy – irrespective of any other language to the contrary.

The Company, at all times, reserves the right to amend, revise or otherwise modify this Agreement without prior notice by posting amended terms on the website. Your decision to maintain your account and/or continuing using the Website indicates your acceptance of any revisions or amendments to the Agreement.

Permissible Users

Individuals may not use the Services to the extent local laws prohibit same. The Services are designed exclusively for individuals that are thirteen (13) years of age or older. Accordingly, anyone who is under 13 years of age is not permitted to register, use or otherwise access the Services. By registering, accessing and/or using the Services, you acknowledge and warrant that you are 13 or older and you will comply with each and every term and condition contained in this Agreement and the Privacy Policy. By registering, accessing and/or using the Services, you acknowledge and warrant that you have not been convicted by a court of law of a felony and that you are not required to register as a sex offender.

Notably, to the extent applicable in your jurisdiction, all references to the age thirteen (13) contained herein shall be increased to whatever the minimum age is in permitted to use our Services if your jurisdiction requires an age greater than thirteen (13). Our overriding goal is to comply with all laws. Thus, to the extent use of the Services is prohibited in your country, you are prohibited from using the Services. You, the user, are ultimately responsible for ensuring your use of the Services, if any, is in compliance with all laws, regulations and ordinances in the country where you access the Services.

We may terminate your account, erase your profile, including any entries, postings or other information you have posted/included on the Services and/or prohibit you from using or accessing, in whole or in part, the Services or any service now or subsequently provided by the Company for any reason, with or without cause, at any time, in the exclusive discretion of Company, with or without notice, including, but not limited to, the belief that you have breached this Agreement and/or are under 13 years of age. In the event the Company exercises its right to terminate or suspend your account and ability to access the Services, you agree and acknowledge that you will not be entitled to any explanation as to the reason for such termination/suspension (whether or not the Company is prohibited by law from disclosing such reason) or compensation, whether in the form of a refund or other remuneration, of any expenses you incurred in connection with the Services. Following the termination or suspension of your account and/or ability to use the Services, all terms of this Agreement and the Privacy Policy survive such termination and shall continue in full force and effect.

Facebook

To utilize the Services, you must sign in with your Facebook login.  Your act of signing in with Facebook authorizes the Company to use and access you account information from Facebook. Information available to the Company includes, but is not limited to, your facebook profile, information about your communications, as well as your facebook network/friends. Additional information concerning our collection of information and the manner by which that information may be used can be found on our Privacy Policy.

Personal Use Only.

The Company designed the Services for your personal use only. As such, using the Services or accessing the Services for non-personal or commercial use (e.g., advertisements for services or products, solicitations for users to attend a function) is strictly prohibited. The Company reserves the right, in its sole discretion, to determine whether any use is “commercial” in nature. The Company reserves the right to investigate and take all necessary steps, including legal action, to respond to violations of this policy

Sign-up Data & Account Security

In exchange for the benefits of using the Services, you expressly consent and agree that you will (a) provide correct information about you as may be required by registration forms/prompts contained in the Services; (b) retain control and security over your password and identity; (c) retain and update all of your information to ensure it is correct; and (d) retain control and exclusive responsibility for your account, which includes being exclusively responsible for all actions/inactions that occur under your account. You further expressly consent and agree to notify the Company immediately in the event you determine or believe the security over your account has been breached.

Intellectual Property Policy

At all times, the Company is the sole owner and retains all proprietary rights for the Services, as well as all content, trademarks or other intellectual property rights. You acknowledge that the Services contain intellectual property, including copyrighted and trademarks, and you agree that you shall not copy, transmit, make use of, or otherwise use any copyrighted materials or intellectual property accessible through the Services without first obtaining the owner of the intellectual property’s prior written consent.

Responsibility for Information Posted on the Services

You, as the user, are exclusively responsible for all actions or inactions you take on the Services, which includes any posting or sharing of profiles, photos, communications with users or the Company (whether in the form of messages, texts, etc), information, music or video, as well as any actions or inactions you take to communicate or share your information with other individuals (collectively the “Individual Content”). You expressly acknowledge and agree that the Company has authority and is empowered to review, modify and/or delete any Individual Content that, the Company’s exclusively discretion – with or without notice – violates this Agreement or is otherwise inappropriate or improper. The Company reserves its right to exercise this authority at all times.

By sharing, communicating or otherwise posting Individual Content on the Services, you expressly acknowledge and agree to grant to the Company, its affiliates, successors and licensees, an irrevocable, non-exclusive, fully paid-up, worldwide license and right to i) authorize and approval sublicenses of the Individual Content, ii) use, copy, reproduce, distribute, modify or otherwise change the Individual Content, and iii) use the Individual Content to create other similar or identical works or include the Individual Content in other works.

In addition to the Company’s ability and to use Individual Content for its own commercial purposes (or any other purpose), to which you agree, you also understand and agree that the Company may retain, access, and disclose any and all information to address issues with the Services, monitor the Services or respond to or address actual or potential violations of the law. Additionally, you further agree that other users, including those that you do not have a relationship or interaction with, may view any and all content you place on the Services.

Individual Conduct And Assumptions of Risk

As a user of the Services, you understand the Services are made available to you exclusively for personal and non-commercial use. You acknowledge that the Company does not conduct criminal background checks (but reserves the right at any time using publicly available records to conduct such screenings or any criminal background checks (e.g., screening sex offender registries), otherwise verify/screen its users or verify the information provided by users. As such, you acknowledge by your use of the Services that you are exclusively responsible for your own actions and interactions with others. The Company makes no representations or warranties as to the Users of the Services, including whether or not they should properly be using the Services, their conduct, and whether other users are compatible with others.

As noted in the Disclaimers section below, the Company is not responsible for any losses, damages (of any kind), arising out of or relating to your use of the Services or resulting from your use of the Services. This limitation of liability includes, but is not limited to, injuries resulting from torts (verbal or physical) or any other type of injuries, bolidy injury, death, emotional distress, etc.

By using the Services, you acknowledge and agree that you are solely responsible for taking all necessary steps to ensure your safety when interacting with other users (whether through the Services or outside of the Services). You agree that you will conduct and review on your own the best practices for dating/interacting with others online and the decision (or not) to follow or abide by such best practices is entirely your own. You acknowledge and agree that the Company does not make any express or implied guarantees concerning your compatibility with other users. You also acknowledge and agree that you should not disclose your financial information or otherwise send money or other remuneration to any users.

You expressly state, acknowledge and agree that nothing submitted through your account or any other actions taken by you (posted or shared on the website) shall infringe upon or violate the rights of anyone else, including trademark, copyright, publicity, privacy or other proprietary or personal rights; or contain or consist in part or in whole any defamatory or otherwise unlawful content. Further, you agree that you will not collect, retain or otherwise use any email addresses or other contact information of any users of the service or Website to personally or with a third party send unsolicited communications to those users. Moreover, you acknowledge and consent that you will not to use automated scripts to collect information from the service or website for any other purpose. Additionally, you acknowledge and consent that you will not use the service or the website in any unlawful manner or in any manner that could overburden harm, or impair the website. In addition, you expressly agree that you will not, under any circumstances, use the service or the website to:

  • post or in any other way make content available that the Company determines to be inappropriate, including anything that violates the terms in the preceding paragraph.
  • register more than one user account. You are permitted to register only for yourself. You are not permitted to register on behalf of anyone else or on behalf of any group, company or other entity
  • post or in any other way make content available that involves unlawful, unfair or deceptive advertising
  • infringe upon any law, rule or regulation concerning the privacy or secrecy of information
  • infringe upon any copyright, trademark or other intellectual property right of any individual or entity
  • act in any manner other than on behalf of yourself – you may not portray yourself as someone else or otherwise misrepresent yourself, your age or your affiliation with any individual or entity, or use someone else’s account
  • post or in any other way make content available for the purposes of making unsolicited and/or unauthorized communications. This includes, but is not limited to, any unsolicited advertisements, solicitations, promotional materials, etc
  • post or in any other way make any information of any third party available on the Services. Further, at no point shall you or anyone else ever provide a social security to the Company or on the website
  • seek to obtain information from anyone under 18
  • seek to obtain information passwords or information that can be used to personally identify a user for commercial or unlawful purposes
  • post or in any other way make any information available that contains software viruses or any other malicious computer programs
  • defame, harass, threaten or otherwise intimidate another user
  • post or in any other way make any information available that enable or promote anyone to engage in any unlawful activity, violate anyone’s rights, or otherwise violate or infringe upon any law, rule or regulation – wherever located
  • post or in any other way make any information available that, as determined exclusively by the Company, is improper or otherwise impairs or limits another user from using the Services, or that may create harm or liability to the Company or anyone else.
  • Stalk or otherwise harass anyone.
  • Use the Services in a manner the Company reasonably believes is inappropriate or inconsistent with its vision of providing the Services in an enjoyable, safe manner.

Services

User acknowledges, accepts, and consents to the fact that, at any time, with or without notice, the Company may modify or discontinue, temporarily or permanently, all or part of the Services. In doing so, you further acknowledge and accept that you will hold the Company harmless from any and all liability for any disruptions or eliminations of all or part of the Services.

Intellectual Property Infringers

As per the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has, in the Company’s exclusive discretion, implemented a policy of eliminating/terminating/minimizing the accounts and/or access of users that are deemed by the Company to repeatedly infringe on another person’s or entity’s intellectual property. To the extent you become aware of any infringement of intellectual property, please immediately notify the Company so that we may take appropriate action. Further, the Company reserves the right, at its exclusive discretion, to eliminate/terminate or limit access/membership to the Services of any individual that infringes any intellectual property rights of others, even upon a single instance of infringement.

Disclaimers

You understand, acknowledge and agree that the Company is not responsible or liable in any manner for any information posted, shared or disseminated on the Services or any other location, as well as any injuries or other damages sustained as a result of individuals you meet or otherwise interact with in the Services or subsequently outside of the Services, as a result of actions or inactions taken by the Company, its successors, its advertisers or affiliates, other users, or third parties. While we provide rules by which we expect all users to comply with, we are not responsible for what other individuals post, share or communicate on the Services, including any improper, unlawful or otherwise inappropriate content you may come across on the Services or as a result of the Services. Moreover, you agree and acknowledge that the Company is not responsible for the conduct by any intended or unintended user of the Services, and is not responsible for the conduct of individuals that you may interact with through the Services or meet in person.

While the Company strives to make the Services available and function properly at all times, the Company is not liable to any user or third party beneficiary (or anyone else) and the Company assumes no responsibility in the event the Services or any service provided therein fails to function properly or ceases to exist. The Company anticipates that the Services will require periodic maintenance, which will result in the loss (partial or whole) of functionality. Moreover, while the Company strives to keep any and all information secure, you acknowledge and agree to hold the Company harmless and not liable in the event a third-party hacks or otherwise infringes on the security of the website and is able to access any and all information. You further agree and acknowledge that there are no circumstances by which the Company will be responsible for any loss or damage, including any loss or damage to any information shared or posted by you or personal injury or death, resulting from (i) anyone’s use of the Services, (ii) any content provided by your or anyone else, or (iii) any interactions between you and anyone else, whether on the Services or elsewhere.

SORABLES, INC. AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED “AS-IS” WITH ALL FAULTS. THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY NEITHER PROMISES NOR GUARANTEES ANY RESULTS FROM USE OF THE SERVICES. THE COMPANY PROVIDES NO REPRESENTATIONS OR WARRANTIES THAT CONTENT, MATERIAL OR OTHER INFORMATION ON THE SERVICES OFFERED BY THE COMPANY ARE CORRECT, COMPLETE, RELIABLE, WITHOUT ERRORS OR THAT THE SERVICES OR ITS SERVERS VIRUS-FREE OR LACK OTHER HARMFUL MALCIOUS CODE. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR AFFILIATES, SUCCESSORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. ACCORDINGLY, USERS SHOULD, IN ADDITION TO CAREFULLY DETERMINING WHAT, IF ANYTHING, TO DOWNLOAD, USE THE LATEST VIRUS SOFTWARE TO IDENTIFY AND ELIMINATE VIRUSES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542,

The Company expressly reserves the right to, at any time with or without notice, update, modify, or otherwise adjust the content contained in the services. Any references on the Services, products or other third-party website does not evidence or suggest the Company’s endorsement, affiliation or recommendation thereof.

You agree to indemnify and hold the Company (as well as its successors, officers, agents, and employees) harmless from any claims, damages, losses, liability made by any party resulting from or concerning your breach of this Agreement, any information you include in the Services. You agree that you will indemnify and pay all reasonable costs and attorneys’ fees for the company to assume its exclusive defense and control of any issue that arises under this paragraph – and you agree to fully cooperate with the Company in its defense.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ANY PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, RELATED OR AFFILIATED COMPANIES, PREDECESSORS, SUCCESSORS OR ASSIGNS, OR ITS OR THEIR CURRENT OR FORMER EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, AND DIRECTORS (collectively, “ALL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE), OR ANY LOSS OF REVENUES/PROFITS, OR ANY LOSS OF INFORMATION, USE, OR OTHER INTANGIBLE LOSSES, ARISING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY THIRD PARTY’S CONDUCT OR CONTENT ON THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, IMPROPER OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY INFORMATION OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED USE, ACCESS OR MODIFICATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE TOTAL LIABILITY OF ALL PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO THE COMPANY OVER THE PRIOR SIX MONTHS FOR THE SERVICES THAT PRECIPITATED THE CLAIM – LIMITED TO ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00). YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION IF YOU PAID NO FEES TO COMPANY FOR THE WEBSITE AND/OR SERVICES.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ALL PARTIES HAVE BEEN INFORMED OR ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT STATE LAWS THAT APPLY TO YOU DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Controlling Law and Jurisdiction

By visiting or using the Services, you agree that this Agreement, and all of its terms, shall be interpreted, enforced and governed under the laws of the State of New York, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and the Company or any of our affiliates. To the extent any disputes or claims are not subject to the arbitration agreement below, you further agree to commence any lawsuits in the exclusive jurisdiction of Suffolk County, New York, whether in State or Federal Court, as appropriate, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

Agreement to Arbitrate & Class Action Waiver

YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF YOUR USE OR NON USE OF THE SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that either party may seek injunctive or other appropriate relief if the other party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property (i.e., patent, copyright, trademark or trade secret rights). Thus, YOU GIVE UP YOUR RIGHT TO GO TO COURT, unless otherwise provided herein.
Any arbitration conducted as a result of this provision shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, to the extent there are consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA-Consumer “) (collectively the “Rules for AAA “). Costs and fees, as well as the location of the arbitration shall be determined by the Rules for AAA and will be subject to the limitations provided for in the AAA-Consumer. Where the costs of the arbitration are determined to be excessive in a consumer dispute, the Company will be responsible for paying any and all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, and NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE. In no event shall any claim, action or proceeding by you related in any way to the Services be commenced more than three (3) year after the cause of action arose, unless the applicable statute of limitations under applicable law be greater than three (3) years.

Communication With the Company

You hereby represent and agree that any and all communications made by you to the Company concerning the Services are not confidential and shall become the sole property of Company, to which the Company shall own exclusive rights of such communications and be able to use such communications for any purpose, commercial or otherwise, with or without acknowledgment, prior consent, or compensation to you.

Entire Agreement

This Agreement and the Privacy Policy constitute the full and complete agreement between you and the Company, and fully supersede any and all prior agreements, commitments or understandings between you and the Company, pertaining to your use of the Services. Any failure of the Company to enforce its rights under the Agreement and/or Privacy Policy shall not constitute a waiver of such rights. Rather, the Company is free to enforce any and all of the terms of the Agreement and Privacy Policy as it deems fit and appropriate. To the extent any provision or part thereof is found by an arbitrator or court of law to be invalid, the remainder of the Agreement and/or Privacy Policy shall remain in full force and effect.