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List of services & specific-service additional terms | Member Agreement

Service provider
What to expect from Pickyman Studios
Permission to use your content
License
Using Pickyman Studios services
Content in our services
Problems or disagreements
Removing your content by Pickyman Studios (Picky+)
Suspending or terminating your access to Pickyman Studios services
About these terms

Effective: July 27, 2021

PICKYMAN STUDIOS TERMS OF SERVICE

By using Pickyman Studios, Pickyman Studios Wiki, Picky+, PickyNews, PickyLinks, PickyHolidays, Minidoc, Picky+ Membership, and Picky+ Beta, you agree to abide and be bound by these Terms of Service and/or revised versions. (collectively, "Pickyman Studios" or "Picky+")

Service provider

Pickyman Studios media and Picky+ services are provided by, and you're contracting with:

Pickyman Studios LLC (referred as "Picky+", "we", "us", or "our".)

Organized under the laws of the State of Minnesota, and operating under the laws of the United States of America.

What to expect from Pickyman Studios

We provide services that are subject to these terms including:

  • Websites, web apps, web portals. (i.e. PickyNews, PickyLinks)

  • Platforms (i.e. Picky+)

Improving our services

We are always adding, changing, and innovating our products. If we make changes that negatively impact your use of our services or if we stop providing a service, we will inform you with reasonable advance notice, except in an emergency immediate responses like preventing an attack, legal, security, and stability issues.

What we expect from the user

  • Follow these terms and specific-service additional terms

    • We will continue to grant you permission to use our services as long as you meet the responsibilities in these terms and specific-service additional terms.

    • We also expect you to follow Patreon's policies if you are a Picky+ Member.

    • We also make various policies for your Privacy and for the Pickyman Studios Community Discord.

  • Some of our services allow you to interact with others. We want a respectful environment, which means you must follow basic rules of conduct:

    • You must comply with applicable social laws, including sanctions and human trafficking laws.

    • You must respect others' rights, including privacy and intellectual.

    • Don't abuse or harm yourself and others. (defaming, harassing)

    • You shall not abuse, harm, interfere with, or disrupt services.

    • Our specific-service additional policies provide additional detail about appropriate conduct.

Permission to use your content

Our service Picky+ allows certified partners to submit content to Picky+. Before their content is publically available, we thoroughly review their submitted content to ensure it meets the Terms of Service and our specific service additional content guidelines. Certified partners have no obligation to provide any content to Picky+ and are free to choose the content that they wish to submit. If a certified partner chooses to submit content, please make sure you have the necessary rights to do so and that the content is lawful.

License

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as short films and graphic design. Or you may have the right to share someone else’s creative content if they’ve given you their permission.

We need your permission if your intellectual property rights restrict our use of your content. You provide Pickyman Studios with that permission through this license.

What’s covered

This license covers your content if that content is protected by intellectual property rights.

What’s not covered

  • This license doesn’t affect your privacy rights.

  • This license doesn’t cover feedback that you offer, such as suggestions to improve Picky+.

Range

This license is:

  • worldwide, which means it’s valid anywhere in the world.

  • non-exclusive, which means you can license your content to others.

  • royalty-free, which means there are no fees for this license.

Rights

This license allows Pickyman Studios to:

  • host, reproduce, distribute, communicate, and use your content.

  • publish, publicly perform, or publicly display your content, if you’ve made it visible to others.

Purpose

This license is for the limited purpose of:

  • operating and improving Picky+, which means allowing Picky+ to work as designed and creating new features and functionalities.

  • using content you’ve shared publicly to promote Picky+. For example, to promote Picky+, we might use a clip from your content.

Duration

This license lasts for as long as your content is protected by intellectual property rights or the licenses granted by you continue for a commercially reasonable period of time after your request to remove or delete your content from Picky+. You understand and agree, however, the Picky+ site may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

If you leave or are removed from the Picky+ Partner Program, any content that’s covered and not covered by this license will stop being publicly available on Picky+ in a reasonable amount of time.

Using Pickyman Studios services

If you meet the age requirement to own, manage, and sign-up for a membership subscription (unless gained permission from parent/guardian) with Patreon and/or meet the age requirement to own and manage an email provider account, you are not limited to these services. Some services may require a Picky+ Patreon membership to access. For example, Picky+; some services that are limited by the use of a Picky+ Patreon membership and require a Google Account to access such services.

You're responsible for what you do, or how you use your Patreon and/or email provider accounts and we are not responsible or to be held accountable for any inappropriate content, account violations, suspensions, terminations, or etcetera.

Using Pickyman Studios services to favor an organization

Organizations that include businesses, non-profits, and schools may take advantage of Pickyman Studios services. In order to use our services, an authorized representative of that organization must agree to these terms.

Service-related communications to you

In order to provide our services, we may need to send service announcements, security, and payment messages to you. To learn more about our communication to you, please review our Privacy Policy.

Content in our services

Your content

Our service Picky+ gives certified partners the ability to submit their video content to make it publicly available on Picky+. If you are a Picky+ Partner from the Picky+ Partner Program, see the Permission to use your content section regarding your rights with your submitted content, and how your submitted content is being used on Picky+. If you are a Picky+ Partner from the Picky+ Partner Program, you should also see the Removing your content section to learn why or how we might remove approved partner content from Picky+.

Pickyman Studios content

Most of our services have content that belongs to Pickyman Studios. You may use Pickyman Studios content as allowed by these terms and any specific-service additional terms, but we retain any intellectual property rights that we have in our content. Do not remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Pickyman Studios Brand center.

Other content

Some of our services include content that belongs to other people or organizations. For some content, you may not use this content without that person or organization's approval, or as otherwise allowed by law. But for some, you may be able to implement the fair use exemptions. Learn more about fair use and its implications. The views or ideas expressed in other people or organizations' content are theirs and do not necessarily reflect our views.

Some of our services may include Third-Party links to other websites and online services that are not owned or controlled by Pickyman Studios. We do not control these websites and online services, the views or ideas expressed by those websites and online services are theirs and do not necessarily reflect our views, and are not responsible for any aspects of those websites and online services, including their availability, content, accuracy, legality or delivery of services. Pickyman Studios is not responsible for the content or the privacy policies or other policies of websites and online services to which it may link.

Problems or disagreements

If your problem or disagreement is with or because of Patreon, please visit their Terms.

By law, you have the right to a certain quality of service, and ways to fix problems if things go wrong. These terms don’t limit nor take away any of those rights. For example, if you’re a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.

Warranty

We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.

Disclaimers

The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are described in the Warranty section, stated in the specific-service additional terms, or provided under applicable laws. We don’t make any other commitments about our services.

And unless required by law, we don’t provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liabilities

FOR ALL USERS:

These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Pickyman Studios liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.

Other than the rights and responsibilities described in this section (Problems or disagreements), Pickyman Studios won’t be responsible for any other losses, unless they’re caused by our breach of these terms or specific-service additional terms.

FOR ORGANIZATION USERS ONLY:

If you’re an organization, then to the extent allowed by applicable law:

  • You’ll indemnify Pickyman Studios and its directors, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or specific-service additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

  • Pickyman Studios won’t be responsible for the following liabilities:

    • loss of profits, revenues, business opportunities, goodwill, or anticipated savings.

    • indirect or consequential loss.

    • punitive damages.

If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.

Taking action in case of problems

Before we take action as described below, we will inform you with reasonable advance notice, the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

  • cause harm or liability to a user, third party, or Pickyman Studios.

  • violate the law or a legal enforcement authority's order.

  • compromise an investigation.

  • compromise the operation, integrity, or security of our services.

Removing your content by Pickyman Studios (Picky+)

If we reasonably believe that any of your content breaches these terms, specific-service additional terms, guidelines, or policies, violate applicable law, or could harm our users, third parties, or Pickyman Studios (Picky+), then we reserve the right to terminate some or all of that content in accordance with applicable law. Examples include content that facilitates harassment and content that infringes someone else’s intellectual property rights.

If already approved partner content on Picky+ violates these terms or Picky+'s specific-service additional terms (Partner Content Guidelines) after they were updated, we will inform you with reasonable advance notice about what our action will be and what you can do to readjust your content so it abides by the newly updated terms or Picky+'s specific-service additional terms (Partner Content Guidelines).

We also reserve the right to remove content at our discretion.

Suspending or terminating your access to Pickyman Studios services

Pickyman Studios reserves the right to suspend or terminate your access to the services or to cancel your Picky+ Patreon membership if any of these things happen:

  • you materially or repeatedly breach these terms, specific-service additional terms, guidelines, or policies.

  • we are required to do so to comply with a legal requirement or a court order.

  • we reasonably believe that your conduct causes harm or liability to a user, third party, or Pickyman Studios — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you.

If you believe your Picky+ Patreon membership cancellation was an error, you can appeal.

You’re always free to stop using our services at any time.

Resolving disputes, governing law, and courts

Minnesota law will govern all disputes arising out of or relating to these terms, specific-service additional terms, or any related services, regardless of conflict of laws rules.

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and Pickyman Studios and its content, services, and products. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

By using the Picky+ Patreon Membership and its benefits, you not only agree to Patreon's Terms of Service, but must also agree to and abide by, Patreon's Community Guidelines, Patreon's Privacy Policy, Patreon's Copyright & Trademark policies, Patreon's Cookie policy, Patreon's Security policy, this terms of service, Picky+ Patreon Member Agreement, Pickyman Studios Privacy Policy, and possibly specific-service additional policies.

We want to make these terms easy to understand.

If these terms conflict with the specific service additional terms, the additional terms will govern for that service.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the specific-service additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms and specific service additional terms to reflect changes in our services or how we do business.

If we materially change these terms or specific service additional terms, we’ll provide you with reasonable advance notice. If you don’t agree to the new terms, you should request to remove your partner content from Picky+ and stop using the services.


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