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Terms of Service
Version: 27 May 2019 (download PDF)
Pikfiles offers tools to move ideas, such as:
● a service to share files (“Pikfiles File Sharing”);
● a free (online) magazine (“WePresent”);
● a service that allows you to store, organize, share and receive
content
from multiple sources (“Collect”);
● a service that allows you to capture your ideas through
sketches, notes
and images (“Paper”);
● a service that allows you to present your ideas (“Paste”),
and
● additional features and functionalities.
Your use of and access to our services, software, websites
(including browser
extensions) and/or applications (together: “Services”) are
governed by these
Terms of Service (“Terms”).
The Services may be provided to you online, in the form of a
mobile and/or
desktop application(s) and/or may be integrated in a third
party service.
The Services allow you to upload, submit, store, share,
receive, collect, capture
and/or visualize your ideas, texts, graphics, videos, data,
information, files,
presentation decks or other content, including third party
content used by you
(together:“Content”). You retain all rights in- and
responsibility and liability for all
Content. Pikfiles does not claim ownership of your Content.
The Services are provided to you as the user of the Services
by Pikfiles B.V.
(“Pikfiles”, “We”), with its main office at Willem
Fenengastraat 19, 1096 BL
Amsterdam, the Netherlands, registered at the Dutch Chamber
of Commerce
under 34380998.
1. Applicability
1.1. You are only allowed to use the Services when aged 16
or older.
1.2. Please read the Terms carefully. By using the Services
(directly with us or
through a third party application, plug-in, extension or
integration) you agree
and accept these Terms and our Notice and Take Down Policy
(“NTD Policy”).
To the use of personal data and cookies in relation to the
Services our Privacy &
Cookie Statement applies.
1.3. If the Services include, are used in connection with,
or are integrated in the
services of third parties, the terms and conditions, notice
and take down policies
and/or privacy and cookie policies of those third parties
may apply in addition
to these Terms. If you are using the Services on behalf of
your employer or
another organization, you are agreeing to the terms of that
organization and you
represent and warrant that you have the authority to do so.
Pikfiles is not responsible for any third party services,
terms and/or
policies.
1.4. If you want to file a complaint or notice about
unlawful Content being stored or
shared via the Services or the Pikfiles API, please read our
NTD Policy.
1.5. If you become aware of a vulnerability in any of the
Services, please read our
Responsible Disclosure Policy.
1.6. If you want to use the Pikfiles API (as described in
the API Terms of Use)
our API Terms of Use apply in addition to these Terms.
1.7. Pikfiles can amend the Terms from time to time. The
amended Terms will
become effective upon them being posted on Pikfiles’s
website(s) and/or
on Pikfiles’s mobile and/or desktop application(s), or at
such later date as
may be stated on the amended Terms. Therefore, we recommend
that you
review the Terms from time to time and take note of any
changes. By continuing
your use of the Services you accept the amended Terms. In
case of material
changes to the Terms, you will be informed prior to the
change: (i) at the
moment you use the Services, or (ii) by a message to the
contact details you
provided to us, or (iii) by a posting of the notice of the
change on Pikfiles’s
website(s) and/or on Pikfiles’s mobile and/or desktop
application(s).
In the event you don’t accept a change you can cancel your
subscription.
1.8. These Terms supersede any and all prior oral and
written quotations, terms,
communications, agreements and understandings between you
and
Pikfiles.
1.9. The following parts of these Terms apply to specific
Services only:
● Clause 2: Pikfiles File Sharing;
● Clause 3: WePresent;
● Clause 4: Collect;
● Clause 5: Paper;
● Clause 6: Paste;
● Clause 7 and 8: all paid subscription Services.
All other clauses apply to all Services.
2. Pikfiles File Sharing
2.1. Pikfiles File Sharing allows you to share your Content
with others.
2.2. To share your Content you need to upload it and provide
us with (a limited
number of) email addresses of recipient(s) (“email
transfer”) or choose to
distribute a download link yourself (“link transfer”). If
you use link transfer you
will not be informed of any downloads by others.
2.3. Pikfiles File Sharing provides the possibility to share
Content up to a
maximum total capacity. Uploaded Content is stored on
Pikfiles’s servers
for a limited period of time after which the ability to
download expires.
Depending on the transfer type some limitations apply, which
you can find here.
2.4. After the expiry period Pikfiles will permanently
delete the uploaded files.
These files will not be available nor retrievable anymore.
2.5. The basic functionality of Pikfiles file sharing is
(currently) free from
registration and charge.
2.6. We also offer “Pikfiles Plus”, a paid subscription
version that - compared to
the free version - offers you a set of premium services and
different subscription
terms. You can find more information here.
2.7. Pikfiles reserves the right to automatically delete all
Content uploaded with
Pikfiles Plus and still available on our servers, 28 days
after your
Pikfiles Plus subscription has ended.
2.8. Pikfiles treats Content confidential and does not
control the use of
download links, regardless of whether they are originally
distributed by us or by
you. Recipients can forward the links and allow others to
use them. You are
solely responsible for the Content you upload and share.
3. WePresent
3.1. WePresent is an (online) magazine that presents
creative stories and showcases
art, photography, music and more from around the world. Any
content included
on WePresent is owned by or licensed to Pikfiles and can
only be used
with express prior written permission from Pikfiles.
3.2. Pikfiles offers WePresent as a free service. Although
care and attention is
devoted to the content of our (online) magazine, Pikfiles
cannot warrant
that it is always complete and accurate. Pikfiles disclaims
any liability in
relation to the use of such content.
4. Collect
4.1. Collect allows you to store, organize, share and
receive Content from multiple
sources using the Collect Services.
4.2. The basic functionality of Collect is (currently) free
from registration and charge.
The Content you use, share or receive in the Collect
application will be stored on
your device and/or on our servers. We are not responsible
for any Content
stored on your device. Your Content may be lost if you
remove your Content
from the Collect application, if you remove the Collect
application from your
device, or if you lose your device.
4.3. For additional functionality (such as the “Save to
Collect” browser extension)
you have to create an account and provide us with your email
address and/or
other details. You can find more information here.
4.4. Pikfiles reserves the right to permanently delete
Content when you stop
interacting with Collect, when you delete your Content from
the Collect
Services, when you delete the Collect Services from your
device(s) or when you
delete your account. Full payment of applicable fees is
considered to be active
use of Collect. For more information on Pikfiles’s data
retention policy,
please contact our Help Center.
4.5. We also may offer “Collect Pro”, a paid subscription
service that - compared to
the free version of Collect - offers you a set of premium
services. In such event
more information can be found here.
5. Paper
5.1. Paper allows you to capture your ideas with tools to
sketch, type, paint, draw,
etc. using the Paper Services.
5.2. The Content you create with Paper will be stored on
your device and not on our
servers. Your Content may be lost if you remove your Content
from the Paper
Services, if you remove the Paper Services from your device
or if you lose your
device. If you choose to export any Content and share it
with others, it may be
stored elsewhere.
5.3. The basic functionality of Paper (“Paper Basic”) is
(currently) free from
registration and charge.
5.4. We also offer “Paper Pro”, a paid subscription service
that - compared to Paper
Basic - offers you a set of premium services. You can find
more information
here.
5.5. When your Paper (Pro) subscription is linked to your
Apple ID, you are also
allowed to store your Paper Content in the iCloud or to
synchronize the Paper
Content on your device(s) through your iCloud account. The
terms and
limitations of Apple (including retention policies) may
apply in addition to these
Terms.
6. Paste
6.1. Paste allows you to create presentation slides with
different content sources
(such as screenshots, videos, documents, links), use
auto-layout formats, gather
input and share presentation decks with other users using
the Paste Services.
6.2. To use Paste you have to create an account and provide
us with your email
address and other details. Alternatively, you can also use
Paste through (your
account of) a third party service. As such, the terms of the
third party may apply
in addition to these Terms.
6.3. The basic functionality of Paste is (currently) free of
charge. You can also sign up
for a paid subscription, which offers a set of premium
services. You can find the
current subscription options and their specific
characteristics here.
6.4. The Content you create, share or otherwise use in the
Paste application is stored
on our servers.
6.5. Pikfiles reserves the right to permanently delete
Content when you stop
interacting with Paste, when you delete your Content from
the Paste application,
when you delete the Paste application from your device(s) or
when you delete
your account. Full payment of applicable fees is considered
to be an active use
of Paste. For more information on Pikfiles’s data retention
policy, please
contact our Help Center.
7. Payment conditions
7.1. If you use a paid subscription Service, the initial subscription
term starts once
the fees due have been paid in full.
7.2. We may introduce or change the fees for the Services
from time to time, for
which we will give you advance notice. If you have a fixed
term and price
subscription, that price will remain in force for the fixed
term. If you do not
agree with the price change, you must cancel your
subscription and stop using
the Services by the end of the then-current Service term. If
you continue to use
the Services after the price change goes into effect, you
agree to pay the
changed price. Fee introductions will require your prior
consent and registration.
7.3. Depending on the payment method you choose, the issuer
of the payment
method may charge you certain fees relating to the
processing of your payment.
7.4. You can change your payment method in your account
settings of the
respective Service or by contacting our Help Center.
7.5. Pikfiles may suspend or cancel the Services to you if a
payment is not
successfully settled (for instance in case of insufficient
funds, expiration of credit
cards, a change in payment details or otherwise). Suspension
or cancellation of
the Services for non-payment can result in a loss of access
to and use of your
account and your Content.
7.6. If you subscribe and pay us through the Apple App Store
or Google Play Store,
the terms of Apple or Google may also apply.
8. Term and cancellation of a subscription
8.1. The initial subscription term varies depending on your
choice and/or the Service
it applies to.
8.2. You have the right to cancel your subscription during
the first 14 days, unless
you start using the Service during this period whereby you
waive your right to
cancel.
8.3. The subscription period will be renewed automatically
for the selected
subscription period, unless you have cancelled your
subscription on time
(before the last day of your subscription).
8.4. In case of cancellation you will continue to have
access to the Services until the
end of your paid subscription period. For instance: if the
commencement date of
your monthly subscription is 2 February and you cancel your
subscription on 17
October, your will continue to have access until 2 November.
8.5. Cancellation does not give you any right to
reimbursement of (part of) the
subscription fee, unless local mandatory consumer law
obliges to do so.
8.6. In case your subscription is automatically renewed for
a period of more than
three (3) months, you will have the right to cancel the
subscription at any time
after such renewal with a cancellation term of one (1)
month. In case of
cancellation based on this clause you may request
reimbursement of part of the
subscription fee. This means that you pay for the period
until the cancellation
enters into force, based on the standard monthly fee for the
respective Service.
8.7. Upon cancellation or if a payment is not successfully
settled (for instance due to
expiration or insufficient funds), your account will be
deactivated after the end
of your subscription period. You will then not have access
to your personal data,
address book and any Content stored using the Service(s).
You can reactivate
your subscription at any time in your account settings by
making payment
within four weeks after deactivation. Your subscription will
then be renewed as
from the day of reactivation.
8.8. If you do not reactivate your subscription within the
term set out above, any of
your Content stored using the Service(s) and any of your
information, including
your personal content, settings, address book and any files
stored for transfer
may have been automatically and permanently deleted from our
servers.
8.9. If you subscribe through the Apple App Store, the terms
of Apple may apply to
the term and cancellation of your subscription instead of
the terms in this clause.
9. Content ownership, permissions and responsibility
9.1. Pikfiles does not claim any ownership of the Content
you create, use, store
or share through the Services and you are solely responsible
for it. Also you are
solely responsible for sharing it with the correct
recipients. Any liability for
damages relating to the Content lies with the individual
that creates, uses, stores
and/or shares it within the Services. You acknowledge that
download and/or
access links can be forwarded and that recipients having
access to such link, can
access the Content it’s connected with.
9.2. Some of the Services allow you to protect Content or
transfers with a password.
The user is solely responsible for the confidentiality
and/or the distribution of
passwords.
9.3. By using the Services you warrant that you have, for
any Content you create,
use, store or share using the Services, all required
permissions (including from
copyright and other intellectual property rights owners) to
distribute,
sub-license, transfer, store and/or make the Content online
available as part of
the Services.
9.4. Pikfiles is not liable to you or any third party for
any damages arising out of
or in relation to the Content created, used, stored or
shared by you within the
Services, including but not limited to, copyright protected
works and/or
trademarks.
9.5. Pikfiles requires a license from you with regards to
the Content for the sole
purpose of operating, enabling and improving the Services
and to develop new
ones. You agree and acknowledge that by using the Services,
you grant us an
unlimited, nonexclusive, worldwide, royalty-free,
sublicensable, transferable
and assignable license to use, host, store, scan, search,
sort, index, reproduce,
communicate, publish, publicly display, distribute and edit
(including but not
limited to scaling, cropping, adapting, translating and
creating previews) the
Content until you delete the Content from the Services.
9.6. Pikfiles does not provide any public search function,
catalogue or listing to
find Content.
9.7. Pikfiles may show you ads from advertisers and artists
selected by
Pikfiles (such as full-page wallpaper ads) when you use the
Services.
9.8. More information on the use of your personal data and
cookies (including for
performance marketing) is available in our Privacy &
Cookie Statement.
10. Restrictions
10.1. Pikfiles respects your rights and expects that you
respect those of others,
including Pikfiles, its artists, advertisers and third
parties. This includes
respecting the right to privacy, corporate intelligence,
business secrets and
intellectual property rights, such as trademarks,
copyrights, trade names and
logos. You agree not to use the Services to commit, promote,
enable or facilitate
any unlawful or criminal acts or breach of these Terms or
facilitate or promote
others to do so.
10.2. As a condition to make use of the Services you agree
not to create, use, store or
share any Content that:
● features CSIA (child sexual abuse imagery);
● is obscene, defamatory, libelous, slanderous, profane,
indecent, discriminating,
threatening, abusive, harmful, lewd, vulgar, or unlawful;
● promotes racism, violence or hatred;
● is factually inaccurate, false, misleading,
misrepresenting or deceptive;
● you don’t hold the rights to
● infringes, violates or misappropriates intellectual
property rights, privacy rights,
including data protection rights, and/or any other kind of
rights;
● infringes on or violates any applicable law or regulation;
● constitutes ‘hate speech’, whether directed at an
individual or a group, and whether
based upon the race, sex, creed, national origin, religious
affiliation, sexual
orientation, language or another characteristic of such
individual or group, and/or;
10.3. In addition, you agree not to:
● abuse, harass, stalk, intimidate, threaten, commit
violence, or otherwise act
unlawful, or encourage anyone else to do so;
● impersonate or falsely pretend affiliation with any person
or entity;
● access any non-public areas of the Services;
● interfere with any access or use restrictions;
● use any data mining or data gathering or extraction
methods, or otherwise collect
information about the users of the Services;
● send viruses, worms, malware, ransomware, junk email,
spam, chain letters,
phishing emails, unsolicited messages, promotions or
advertisements of any kind
and for any purpose;
● interfere with, damage or disrupt the Services or act in a
way that may do so;
● attempt to probe, scan, compromise or test the
vulnerability of the Services or any
related service, system or network or breach any security or
authentication, unless
you do so in accordance with our Responsible Disclosure
Policy;
● use automated means to access or use the Services without
our permission;
● reverse engineer or decompile any (part) of the Services;
● resell, sublicence, rent, lease, offer or otherwise
commercialize the Services
without our permission;
● allow others to use your account.
11. Violation of the Terms of Service
11.1. Pikfiles reserves the right to investigate, provide to
third parties,
(temporarily) block and/or permanently delete from it
servers, without prior
notice or liability, any Content and/or accounts or to block
anyone from
accessing any part of the Services, when Pikfiles
ascertains, at its sole
discretion or after receiving substantiated and valid
complaints, that you breach
these Terms or act in violation of any applicable law or
regulation. More
information is available in our Notice and Takedown Policy.
12. Intellectual property rights
12.1. All intellectual property rights and/or similar rights
on the Services (including the
software, wallpapers, WePresent content, photography,
graphic design,
typography, portraits, logos, trademarks, trade names,
domain names,
copyrights and patents) are vested in Pikfiles and/or its
licensors and you
are not allowed to use, remove, modify, copy, mirror,
distribute, decompile, or
reverse engineer any of it in any way.
12.2. Pikfiles is not responsible or liable for third party
content published within
the Services, in-ad links to external websites or the
content, products or
services offered on external websites. You acknowledge and
accept that all use
outside the Services is at your own risk.
12.3. You will always respect and observe the good name and
reputation of
Pikfiles and ensure that your use of the Services will in no
way prejudice
any rights and/or the good name and reputation of Pikfiles
and its licensors.
13. Disclaimer and account registration
13.1. Pikfiles provides the Services “AS-IS”, without any
warranty of any kind.
Without limiting the foregoing, Pikfiles explicitly
disclaims any warranties of
merchantability, fitness for a particular purpose and
non-infringement.
Pikfiles makes no warranty that the Services are available
on an
uninterrupted, secure or error-free basis. Your use of the
Services is at your
own risk. You acknowledge and agree that Pikfiles is not
responsible for
any damages to the computer system or mobile device of you
or any third party
that result from the use of the Services and is not
responsible for any failure of
the Services to store, transfer or delete a file or for the
corruption or loss of any
data, information or Content contained in a file.
13.2. Pikfiles may change, terminate or expand its Services
from time to time and
reserves the right to limit access to or eliminate any
features or functionality of
the Services in its own discretion.
13.3. Some of the Services require you to register and
provide us with data such as
your email address, password and/or payment details. You
must ensure that
these are accurate and keep them updated in your account
settings. You are
responsible for any activity from or by your account, so you
should not share
your password and you should protect it carefully. Should
registrations or
account data appear to be misused, Pikfiles reserves the
right to delete the
account. Pikfiles is not liable for any loss or damage
arising from the
unauthorized use of your account.
14. Indemnity and Liability
14.1. You will defend, indemnify and hold harmless Pikfiles
(including its
employees and affiliates) from and against any claims,
incidents, liabilities,
procedures, damages, losses and expenses (including legal
and accounting
fees), arising out of or in any way connected with your
access to or use of the
Services or your breach of these Terms, including any third
party claims that
Content created, used, stored or shared using the Services
by you or through
your account, infringe or violate any third party rights.
14.2. The Services may provide integration with third-party
services. You
acknowledge that: (i) Pikfiles is not responsible for any
acts or omissions of
such third-party services; (ii) that Pikfiles is not an
agent of such third-party
services; and (iii) your use of those services is subject to
any applicable terms
and conditions between you and the providers of such
services.
14.3. Pikfiles is not liable for any damage or personal
injury resulting from any
use of the Services, including any (temporary)
unavailability or (accidental)
removal of your Content or account. The limitation of
liability referred to in this
clause shall not apply if the liability for damage caused by
intent or gross
negligence on the part of Pikfiles. In the event Pikfiles is
liable for
damage under mandatory law, Pikfiles’s aggregate liability
to you for any
and all claims arising out of or in connection with the use
of the Services will in
no event exceed the amount of one hundred euro (€100) per
incident.
15. Waiver, Severability & Assignment
15.1. Pikfiles’s failure to enforce a provision is not a
waiver of its right to do so
later.
15.2. If any (part of a) provision of these Terms is or
becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum
extent necessary to
make it valid, legal and enforceable. If such modification
is not possible, the
relevant provision or part-provision shall be deemed
deleted. Any modification
to or deletion of a provision or part-provision under this
clause shall not affect
the validity and enforceability of the rest of these Terms.
15.3. If any (part of a) provision of these Terms is found
to be illegal, unenforceable or
otherwise invalid, then (i) the rest of the Terms will
remain in full force and
effect to the extent permissible under or consistent with
the relevant laws; and
(ii)
that part will be deemed to be deleted and substituted by a
valid one which in
its economic effect comes so close to the invalid part.
15.4. You may not assign any of your rights under these
Terms. Pikfiles is at any
time entitled to assign its rights to any of its affiliates
or subsidiaries, or to any
successor in interest of any business associated with the
Services without your
consent or any other restriction.
16. Applicable law and Jurisdiction
16.1. These Terms and any non-contractual obligations
arising out of or in connection
with it will be governed by and construed and interpreted in
accordance with
Dutch law. These Terms will not limit any consumer
protection rights that you
may be entitled to under the mandatory laws of your country
of residence.
16.2. Any disputes regarding these Terms will be submitted
to the exclusive
jurisdiction of the competent court in the Netherlands (with
the exception of
Dutch private international law).
17. Contact
17.1. You can contact Pikfiles at legal@Pikfiles.com or by
using our Help
Center. If you have any questions, just send us an email in
English or Dutch