We reserve the right to modify or discontinue the Sites, Games, Products or Content in any and all respects. You agree to check pikpok.com/terms-of-use periodically for new information and terms that govern your use of our services. Revisions to terms affecting existing services shall be effective thirty (30) days after posting at pikpok.com/terms-of-use. Terms for new services are effective immediately upon posting at pikpok.com/terms-of-use.
Certain types of content are made available through the Sites and/or Games and Products. “Content” includes, but is not limited to, software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Sites, Games or Products, including their look and feel attributes, as well as the design and appearance of the Sites, the Sidhe and PikPok trademarks and logos and other content made available through the Sites, Games and Products. “User Content” means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Sites, Games or Products, including through use of any widget. “Sensitive Information” means any personal information related to your health or sex life, genetic or biometric data, race, ethnicity, political views, religion, professional status, philosophical view, and trade or union affiliation.
The Sites, Games, Products and Content are owned by Sidhe or Sidhe’s third-party licensors and are protected by New Zealand and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized by us in writing to do so. You do not acquire any ownership rights in our Sites, Games, Products or Content by using the Sites, Games, Products or Content.
Our Sites, Games, and Products offer various opportunities to interact and share information, Sensitive Information, including your opinions and thoughts with us and other users in Game or via forums, social media pages (including Discord, Facebook, Twitter, and Instagram), digital storefronts operated by or through which our Games are published (“Digital Storefronts”), or via other initiatives. However, please note that such opinions or views expressed, or statements made in those instances (other than by our employees, officers, or authorized agents) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Sidhe.
You retain ownership in your User Comments and any intellectual property rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Sites, or through other community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of PikPok and its Games.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Sites, Products and Content (“Feedback”). You may submit Feedback via the Contact section of the website, through which you can also view the Support FAQ and contact the Customer Support team directly. By doing so, you acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to Sidhe and agree to irrevocably assign to Sidhe all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you further agree to execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Sites, Games or Products. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless: (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third party. If you are an infringer of our, or a third party’s, intellectual property rights, we may terminate your access to and use of the Sites, Games or Product without notice to you. If your access is terminated to the Sites, Games or Products as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid to us.
To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Content. However, we have adopted and implemented a policy consistent with the U.S. Digital Millennium Copyright Act of 1998 whereby we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Content or other materials located in our Game or on our Sites or other channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at:
IP Infringements Officer
Prodigy Design Limited
57 Willis Street
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Sidhe in connection with the written notification and allegation of copyright infringement.
When you contribute User Content to the Sites, a Game or Product, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.
The Sites and Games and Products may contain or link to third-party websites or resources (“Third-Party Services”). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Third-Party Services; or (ii) the content, products, or services on or available from such websites or resources (“Third Party Materials”). Links to such Third-Party Services do not imply any endorsement by us of such Third-Party Services or Third Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sources or Third-Party Materials. Third-Party Services, Third-Party Materials and links to other websites are provided solely as a convenience to you.
Third-Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Sites, Games or Products.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to us via the Contact section of the website.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES, GAMES, PRODUCTS AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, GAMES, PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITES, GAMES OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIDHE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, GAMES, PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, GAMES, PRODUCTS AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITES, GAMES, PRODUCTS AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITES, GAMES, PRODUCTS OR THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.