Last revised on August 14, 2024
Welcome to Picky operated by One Quantum Limited. (hereinafter referred to as "we", "the Company" or "Picky").
To access the Picky website and its services, you must first register a Picky account, or use all Picky services (hereinafter referred to as the "Service") through a mobile device, mobile application or computer. By registering on our services, you agree to be bound by these terms and conditions:
This Terms of Service
Picky's Privacy Policy and Security Tips are incorporated into this Agreement by reference
If you have purchased or will purchase our additional features, goods or services in this Service, we will disclose any special terms to you (collectively referred to as this "Agreement").
In any case, if you do not recognize and agree to be bound by the terms stated in this Agreement (except for the limited one-time opt-out applicable to specific users as described in Section 15), you should not use this Service.
As our products continue to develop, we may occasionally update this Agreement and the Service. However, these modifications are likely to be legal in nature. We make changes for various reasons, including but not limited to reflecting changes or requirements in the law, new features or changes in business practices.
The current version of this Agreement will be posted on the "Service" under "Settings" and on the Picky website. Check this Terms of Use page regularly to learn about the latest updates to our terms and conditions, as the latest version will apply to all users. If the changes to our terms may affect your rights or commitments, we will ensure that our users are notified in advance by appropriate means, which may be through notifications in this service or by email. If you continue to use the Picky service after the changes are implemented, it means that you agree to the modified agreement. This also means that you agree that this agreement will replace any previous agreements (except as expressly provided in this agreement) and apply to your entire relationship with Picky, including but not limited to events, arrangements and actions before you accepted this agreement.
You must be at least 18 years old to be eligible to create an account on Picky and use the Service. By creating an account and using our Service, you now represent and warrant that:
You are eligible to enter into a binding and legally enforceable contract with Picky,
You are not a person prohibited from using the Service under the provisions of the United States or any other jurisdiction, which means that you are not on the U.S. Treasury Department's Specially Designated Nationals List or face any other similar prohibition.
You will comply with the terms of this Agreement and all relevant local, state, international and national laws, rules and regulations
You have never been convicted of or pleaded no contest to a felony, sex offense, or any crime involving violence, and you are not required to report that you are a sex offender on any state, federal or local sex offender registry.
3. Minors are prohibited from using Picky
Picky strictly adheres to the terms of the CSAE. Minors under the age of 18 are not permitted to use any of Picky's services. Picky does not tolerate endangering the safety of minors, including entrapment, exploitation, abuse, or assault; self-harm, suicide, or any behaviour that may cause harm to oneself or others is prohibited. If you find a minor while using Picky, please use the reporting function provided by us or provide feedback through our customer service email address (pickyofc@yahoo.com), and the Picky team will immediately and forcibly terminate the minor's use of Picky's services after verification. user's use of Picky's services.
To use Picky, you should log in to your Picky account through your Google account.
You are responsible for maintaining the confidentiality of the login credentials you use when registering Picky, and you are fully responsible for all actions that occur under these credentials. Picky is not responsible for the lack of confidentiality of users. However, if you believe that someone may have gained unauthorized access to your account, please contact us directly at pickyofc@yahoo.com.
Picky aims to continually improve the Service and its features to keep it attractive and useful to all users. This means that we may add new product features or enhancements, or remove certain features, as we see fit, and we may not notify you before taking such actions if these actions do not directly affect any of your rights or obligations. We may even stop the Service entirely, in which case we will notify you in advance unless there are compelling reasons, such as safety or security issues, that prevent us from doing so.
You can cancel your account at any time for any reason, you can do so by going to the "Settings" of the Service and following the steps.
Picky may close your account on Picky at any time without notice if Picky believes that you have violated this Agreement. If your Picky account is terminated, you will not be eligible for any refunds for purchases. This Agreement will terminate upon the closure of your account, but the following provisions will continue to apply to you and Picky: Sections 4, 5, and 12 to 19.
Picky attempts to foster a safe user experience through features such as warnings, but it is not responsible for the conduct of any user on or off the Service. You, as a user, agree to exercise caution in all interactions with other users, especially when you choose to communicate or meet in person outside of the Service. In addition, you agree to read and comply with Picky's Safety Tips before using the Service. You also agree that you will not share your financial information (such as credit card or bank account numbers) with other users, nor will you wire or otherwise pay them.
Picky does not conduct criminal background checks or otherwise inquire into the backgrounds of its users, and Picky makes no representations or warranties about the conduct of its users. Therefore, you are solely responsible for your transactions and level of interaction with other users. Picky also reserves the right to conduct any criminal background checks or other screenings (including sex offender registries) using available public records at any time, and you agree that Picky may do so.
Picky grants you a personal, royalty-free, non-transferable, non-exclusive, revocable, worldwide, non-sublicensable license to use and operate our Services. This license is for the sole purpose of enabling Picky to use and enjoy the benefits of the Services as authorized in this Agreement. Therefore, you agree not to:
Use the Services or any content available through the Services for any commercial purpose without our express written consent.
You may not copy, modify, distribute, frame any modifications, use or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks or other intellectual property, content or proprietary information available through the Services without Picky’s prior written consent.
Say or imply that Picky agrees with any assertion you make.
Use any technology, such as robots, bots, spiders, crawlers, scrapers, site search/retrieval applications, agents or any other manual or automated device, method or process to access, retrieve, index, “data mine” or otherwise reproduce or circumvent the navigational structure or presentation of the Services.
Use Picky's Services in any manner that could interfere with, disrupt, or impair the Services or systems or networks connected to the Services.
Upload viruses or other malicious programs, or otherwise compromise the security of the Services.
Forge headers or otherwise modify identifiers in order to hide the origin of any data transmitted to or through the Services.
You may not "frame" or "mirror" any part of the Services without Picky's prior written permission.
Implement meta tags, code, or other devices containing Picky or the Services (or any trademark, trade name, service mark, logo, or slogan of Picky) that send anyone to any other website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile, or otherwise disassemble any part of the Services, or allow others to do so.
You may not use or develop any third-party applications that interact with the Services or other users' content or data without our written permission.
You may not use, access, or distribute Picky's application programming interfaces without our written permission.
Investigate, probe or test the vulnerability of the Service or any system or network.
Encourage or promote any activity that violates the terms of this Agreement.
Picky may investigate and take any applicable legal action, including terminating your account, for any illegal and/or unauthorized use of the Service in violation of this Agreement.
Any program we provide to you may automatically download and install upgrades, updates or other new features. You can turn these automatic downloads on or off through your device settings.
By creating an account, you grant Picky the right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the information you authorize us to obtain from Google and any information you post, upload, display or otherwise make available (collectively, "post") or transmit to other users (collectively, "post") on the Service (collectively, "Content").
Picky's license to your Content is non-exclusive, except for derivative works created through use of the Service, in which case Picky's license is exclusive. For example, Picky will have an exclusive license to screenshots of the Service that contain your Content. In addition, in order for Picky to limit the use of your Content outside the Service, you allow Picky to intervene on your behalf in cases of infringement involving the removal of your Content from the Service by other users or third parties. This obviously includes the right to issue warnings on your behalf if third parties obtain and use your Content outside the Service, but without the responsibility.
Our license to your content is subject to your rights under applicable law (for example, laws governing the protection of personal data, if any content contains personal information as defined by those laws), and is limited to operating, developing, providing and improving the Services, and researching and developing new services.
You agree that any content you post or allow us to post on the Service may be viewed by anyone who visits or participates in the Service (such as individuals who may receive shared content from other Picky users).
You agree that all information you submit when creating your account is accurate and truthful. You have the right to post that content on the Service and grant that license to Picky.
You understand and agree that Picky may monitor and review any content you post on the Service. We may remove any content, in whole or in part, that we believe violates this Agreement or may damage the reputation of the Service.
You agree to be respectful and friendly when speaking with our support team representatives, as we work hard to help you resolve your questions or concerns. If we believe that your behavior toward any of our support team members or other employees at any time is threatening or abusive, we reserve the right to immediately delete your account.
You agree that we, our affiliates, and our third-party partners may display advertisements on the Service in exchange for Picky allowing you to use the Service. By submitting comments or feedback about the Service to Picky, you consent to Picky's use and dissemination of such feedback for any purpose without compensation to you.
You agree that Picky may access, preserve, and disclose your account information and content if required by law or as reasonably necessary, such as: (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 others.
You agree that by using the Service, you will not:
Use the Service for any illegal or unlawful activity or any activity that is expressly or implicitly prohibited by this Agreement.
Use the Service for any nefarious purpose.
Use the Service to criticize or harm Picky.
Violate our Community Guidelines, which may be updated from time to time.
Other users should not be spammed, solicited for money, or deceived.
Impersonate another person or entity, or post photos of others without their consent.
Any individual may be bullied, "stalked," intimidated, attacked, harassed, abused, or defamed.
Post any content that impedes or infringes upon the rights of others, including publicity rights, privacy rights, copyrights, trademark rights, or any other intellectual property or contractual rights.
Post any hate speech, threatening, sexually explicit, or pornographic content; incite violence, or contain nudity, images, or gratuitous violence.
Post any content that encourages racism, bigotry, hatred, or physical harm to any group or individual.
Solicit personal identifying information such as passwords from other users for commercial or illegal purposes, or disseminate personal information of others without their permission.
Use another user's account, share an account with other users, or have multiple accounts
If we have terminated your account, you may not create a new account without our permission.
Post any content that infringes or constitutes an infringement of another person's rights, including publicity rights, privacy rights, copyrights, trademark rights, or any other intellectual property or contractual rights.
Post any hate speech, threatening, sexually explicit or pornographic content; incite violence, or contain nudity, graphic or gratuitous violence.
Any content that promotes racism, bigotry, hatred, or physical harm against any group or individual should be removed.
Solicit passwords or personal identifying information from other users for commercial or illegal purposes, or disseminate personal information about others without permission.
We reserve the right to investigate and/or terminate your account without refunding any purchases if we discover that you have violated this Agreement, abused the Service, or acted in a manner that Picky considers inappropriate or illegal, including actions or communications occurring on or off the Service.
Although Picky reserves the right to review and delete content that violates this Agreement, such content is entirely the responsibility of the user who uploaded it, and Picky cannot guarantee that all content complies with this Agreement.
If you find any content that violates this Agreement on this service, please report it through this service and we will deal with it appropriately.
From time to time, Picky may offer products and services for purchase through Google Play (“In-App Purchases”).
If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your payment method will be charged the price of the Service displayed to you for the Service(s) you selected, plus any sales or similar taxes that may be imposed on your payment, and you authorize Picky, as applicable, to charge you.
Auto-Renewal
If you purchase an auto-recurring periodic membership, your payment method will be charged until you cancel your subscription. After your initial subscription commitment time, and after any future subscription period, your subscription will automatically renew for an additional similar period at the price you agreed to when you subscribed.
If you do not want your subscription to automatically renew, or if you want to change or terminate your Picky subscription, you will need to log into your Picky account settings and follow the cancellation instructions, even if you have previously deleted the Picky application from your device.
Deleting your Picky account or deleting the Picky application from your device will not cancel your subscription; Picky will retain all funds charged to your payment method until you cancel your subscription on Picky. If you cancel your membership, you may continue to use it until the end of your current subscription period, but it will not renew after that period.
If you pay Picky directly using your Payment Method, additional terms apply
If you pay Picky directly, Picky reserves the right to correct any billing errors or inaccuracies it makes, even if payment has been requested or received. If you initiate a chargeback or otherwise reverse a payment made using your Payment Method, Picky may, in its sole discretion, immediately deactivate your account.
If your payment is not successfully settled, whether due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any amounts not collected and authorize us to continue billing your Payment Method as it may be updated.
You can edit your Payment Method details by visiting Picky and going to "My Profile". If a payment is not successfully settled, whether due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any amounts not collected and authorize us to continue billing your Payment Method as it may be updated.
This may result in a change in your payment date. In addition, you permit us to receive updated or replacement expiration dates and card numbers for your credit or debit card from your credit or debit card issuer. Your payment terms will be determined by your agreement with your banking institution, credit card issuer, or other provider of your preferred payment method. If you reside outside of the Americas, you agree to pay Picky using a payment partner selected by Picky.
Virtual Items
You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items from time to time. Any Virtual Item amount displayed in your account is neither a real-world balance nor a representation of any stored value, but rather a measure of the extent of your license.
Virtual Items are not penalized for non-use; however, your license in Virtual Items terminates when Picky ceases to provide the Service or your account is closed or cancelled as provided in this Agreement.
Picky reserves the right, in its sole discretion, to charge fees for free or for the right to obtain or use Virtual Items and/or distribute Virtual Items.
Picky has the ability to manage, regulate, control, change or delete Virtual Items at any time. If Picky uses these rights, he has no obligations to you or any third party. Virtual props can only be redeemed through the Service. All purchases and redemptions of Virtual Items are final and non-refundable. The provision of Virtual Items for use in the Service is a service that takes effect from the date you approve the purchase of such Virtual Items.
You agree that Picky will not be required to provide a refund for any reason, and when an account is closed, whether voluntarily or not, you will not receive money or other compensation for unused Virtual Items.
Refunds
Generally, all purchases are non-refundable, and there are no refunds or credits for partial use. We may make an exception if a refund is requested within 14 days of the transaction date for a subscription product, or if the laws of your jurisdiction permit a refund.
If you become disabled (unable to use Picky's services) before the end of your subscription period, you have the right to request a refund of the portion of the fees you paid for the subscription period after your disability by giving notice to the Company as follows.
Request a refund:
If you have subscribed using a Google Play Store account or directly through Picky, please contact Customer Service (pickyofc@yahoo.com) and provide your Google Play Store order number (in the order confirmation email or through Google Wallet check-in) or Picky (which you can find in your confirmation email).
You may also send an email with a signed and dated notice stating that you (the buyer) are canceling this agreement or anything similar. Along with your order number, please provide the email address or phone number associated with your account. This message should be sent to the following address: pickyofc@yahoo.com.
If you suspect that your work has been copied and uploaded to the Service in a way that infringes your copyright, please provide our Copyright Agent with the following details:
An electronic or physical signature of the person authorized to act on behalf of the copyright holder;
A description of the allegedly infringing work;
A description of where the allegedly infringing material is located on the Service (the description must be reasonable enough for us to identify the allegedly infringing material);
Your contact information, including your address, telephone number, and email address;
A statement that you have a good faith belief that the use is unauthorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information referenced in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact the Company's Copyright Agent by sending an email to pickyofc@yahoo.com. It is Picky's policy, in appropriate circumstances and at Picky's sole discretion, to terminate the accounts or access privileges of users who are repeat infringers or who are repeatedly charged with infringement.
Picky provides the service on an "as is" and "as available" basis, and to the extent permitted by applicable law, Picky disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, regarding the service (including all content contained therein), including, but not limited to, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Picky does not represent or warrant that: A) the service will be uninterrupted, secure, or error-free, B) any defects or errors in the service will be corrected, or C) any content or information obtained by you on or through the service will be accurate.
Picky assumes no responsibility for any content posted, sent, or received by you or any other user or third party through the service. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk.
Picky assumes no responsibility for any conduct by you or any other user on or off the service.
The Services may feature third-party advertisements and promotions, as well as links to other websites or resources. Picky is not responsible for the availability (or lack of availability) of such external websites or materials. If you wish to interact with third parties available through our Services, you are subject to the terms of their relationship with you. Picky is not responsible for the terms or actions of such third parties.
To the maximum extent permitted by applicable law, in no event shall Picky, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive or enhanced damages, including, without limitation, direct or indirect loss of profits, or any loss of data, use, goodwill, or other intangible losses, resulting from: (I) your access to or use of or inability to access or use the Service; (ii) the conduct or content of other users or third parties on, through or following your use of the Service; or (III) unauthorized access, use or alteration of your content, even if Picky has been advised of the possibility of such damages at any time. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Picky'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Picky IN THE TWENTY-FOUR (24) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST FILED A LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL PROCEEDING (WHETHER LEGAL OR EQUITABLE) AGAINST Picky IN ANY COURT.
The limitations on damages outlined in the preceding sentence apply (i) regardless of the grounds on which the liability is based (whether for breach of contract, contract, tort, statute, or otherwise), (ii) regardless of the type of breach of obligation, and (iii) to all events, the Service, and this Agreement.
The limitations of liability outlined in this Section 14 shall apply even if your remedies under this Agreement fail of their essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
Except as prohibited by law, any dispute arising out of or in connection with this Agreement, the Services or your connection to Picky shall be governed by the laws of Hong Kong without regard to its conflicts of laws and regulations.
You agree to indemnify, defend and hold harmless Picky, our affiliates and their respective officers, directors, agents and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses (including attorneys' fees) arising out of, related to or resulting from your access to or use of the Picky Services, your Content or your violation of this Agreement, to the extent permitted by applicable law.
This Agreement, together with the Privacy Policy, Security Tips, and any terms disclosed to you when you purchase or have purchased additional features, products or services we provide on the Service, constitute the entire agreement between you and Picky regarding your relationship with Picky and your use of Picky.
If any part of this Agreement is held invalid, the remaining terms of this Agreement will always remain in full force and effect.
The failure of Picky to enforce any right or provision of this Agreement shall not be construed as a waiver of such right or provision.
You agree that your Picky account is not transferable and all your rights to your account and its content terminate upon your death.
This Agreement under these Terms of Use does not constitute any agency, partnership, joint venture, fiduciary and/or any other special relationship or employment, and you shall not make any representations on behalf of Picky or bind Picky in any way.