Terms & Conditions
1. Legal Information
1.1. This document is intended to inform you about the Terms and Conditions that regulate the use of the website www.picdlocal.com (the “Website”) and the mobile application PicdLocal published in the Apple App Store and Google Play (hereinafter, the “Application”).
1.2. The owner of both the Website and the Application is PicdLocal, LLC (hereinafter “PicdLocal”, “us” or “we”), with registered address at 129 N. Mission Dr. San Gabriel, CA. The service is provided by PicdLocal LLC.
1.3. PicdLocal is Limited Liability Corporation incorporated under the laws of the State of California, United States
1.4. Our contact address is info@picdlocal.com
2. Object
2.1. These Terms and Conditions govern the use of the Application in which PicdLocal offers a social marketplace, a platform to Users willing to buy, sell or donate home-grown produce and plants, mediating in the sale of these products. The information regarding the treatment of your personal data is located in the privacy policy.
2.2. The Application may be integrated in the social network Instagram, Facebook, Twitter and other similar or future platforms. These 3rd party platforms are independent companies with regard to PicdLocal, each with its own privacy policies and User Agreements established and managed separately from PicdLocal. Data a user posts on PicdLocal may be used across these other platforms for marketing, or other business purposes.
3. Access and acceptance of the Terms and Conditions
3.1. By entering, executing, using, downloading, accessing or using the Application or the Website you will automatically be considered a User (hereinafter the “User” or “you”) which requires the full acceptance of each and every provision included in this Terms and Conditions, in the version published by PicdLocal at the time you access or use the Website or the Application.
Consequently, please, read carefully all the legal texts applicable to the use of the Website and the Application each and every time you intend to use them.
3.2. If you do not wish to accept the present Terms and Conditions, please, do not use the Services and permanently uninstall the Application from your device.
3.3. The use of certain services offered on the Website or in the Application may be subject to Specific Terms and Conditions that, depending on the case, may substitute complete and/or modify this document. Therefore, prior to the use of such Services, you must carefully read the corresponding Specific Terms and Conditions.
3.4. PicdLocal reserves the right to modify, at any time and providing notice, this Terms and Conditions, so you are obliged to periodically review this Terms and to comply with the obligations set out in the current version in each moment.
4. Required Age
4.1. Both the Website and the Application are intended to be used by adults, as defined under any applicable law in each specific case, but generally defined as age 18 and over. If you are not an adult, you are not authorized to download the Application, register or create an account with us. If you are under the age of 18, stop using the Website and uninstall the Application.
4.2. You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, PicdLocal shall not be liable as it cannot verify the age of the Users.
4.3. PicdLocal may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent. If you deny providing identification, PicdLocal reserves the right to close your user profile and you will not be able to continue using the service or the Application.
5. Creation of an account
5.1. To use or access to certain functionalities of the Application you need to register, either using your e-mail address or using a login via a social media account, such as Google or Facebook. In case you use a social network mentioned above, you authorize PicdLocal to access and use certain information depending on the privacy settings that you have selected in the corresponding social network.
5.2. You agree to provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Application.
6. Security of the account and liability of user
By opening an account you accept and assume all liability that may arise in any activity that occurs under your username, including the donation, sale or purchase of agricultural products, produce and live plants. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password was compromised, you should inform us immediately in order to recover your account.
7. Installation and running the Application
7.1. PicdLocal grants you a license for installing and running the Application. PicdLocal at any time, for any reason, can revoke your license for the application without notification to or recourse from the User.
7.2. The installation and execution of the Application is free. PicdLocal may charge a fee for certain events, including the sale of products on the platform. The User will be notified of this fee, and required to accept the fee prior to completing an event, such as the sale of an item on PicdLocal.
7.3. You must accept the permissions for installation and execution of the Application. From time to time, PicdLocal may request the granting of additional permissions to perform certain actions or enjoy certain functionalities. The lack of acceptance of some of the permits necessary for the proper operation of the Application may result in the suspension of the Services or impossibility of using the Application.
8. Features of the Service
8.1. The service will allow different actions, including but not limited to:
8.1.1. Sharing with other Users of PicdLocal information and images you provide as well as other data or personal information including your provided location the conduct a transaction - which will be initially cloaked - but provided to a buyer upon your acceptance.
8.1.2. Posting products as available for sale or donation as a seller
8.1.3. Making offers as a buyer in order to buy or accept free products
8.1.4. Interacting with other users of PicdLocal though a private chat and other ways to be implemented in the future.
8.1.5. Sharing product offers in other platforms or social networks other than PicdLocal.
8.1.6 Offering to purchase or otherwise acquire bulk or regular quantities of a User’s posted products, and donate or resell them in other markets.
9. Intellectual property rights
9.1. PicdLocal Inc is the holder of the rights of intellectual and industrial property, or has obtained the necessary authorizations or licenses for its exploitation, associated with the application, the software, its database, the trademarks and any other distinctive signs, the content posted and the rest of works and inventions or content related to the Application and the technology associated with it.
9.2. The contents of the Application, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.
9.3. The contents of this Application, the database of users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing of PicdLocal.
9.4. PicdLocal assumes no responsibility for the intellectual or industrial property rights of the content that seller Users include in the offerings of its products.
10. Waiver of responsibility
10.1. PicdLocal is a platform that brings together buyers and sellers of home-grown produce and other agricultural products. PicdLocal is not the owner and has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between buyers and sellers and does not review the products that Users provide though the Application. As a consequence, PicdLocal shall not be responsible, either directly or indirectly, for any disagreement between the parties or other liability that shall arise from the products sold, traded or donated.
10.2. All information of the products published on the Application or the Website has been built and published by the USER which is selling the product. Consequently, PicdLocal cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller Users.
10.3. Any claim or dispute that may arise between Users of the Service shall be settled by them, committing themselves to hold PicdLocal harmless.
10.4. PicdLocal’s service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.
10.5. PicdLocal shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on the Service, or the content, services or products offered on the same, unless such sites are owned by PicdLocal. The hyperlinks contained in the Website or in the Application may lead to third party web sites. PicdLocal may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and PicdLocal.
10.6. PicdLocal has implemented security measures, however assumes no responsibility or liability whatsoever with regard to the custody and proper use of the passwords for access to the WEB SITE, which will be the sole responsibility of the User.
11. Warranty of products
11.1. PicdLocal does not assume any responsibility nor warrants the products sold by using the PicdLocal Application The transaction takes places and is decided exclusively between the buyer and seller.
12. Exclusion of liability
12.1. User access to the Website or Application does not imply for PicdLocal the obligation to monitor the absence of viruses, worms, or any other harmful technical element. The User is solely responsible for making available the adequate tools for the detection of harmful computer programs.
12.2. PicdLocal is not responsible for any damages incurred in the software and computers of users or third parties during the use of the services offered on the Website or the Application.
12.3. PicdLocal shall not be liable for damages of any kind that you are caused to bring cause of faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Website or the Application.
13. Prohibited items
13.1. PicdLocal prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level.
13.2. PicdLocal in general will select and control the items users are allowed to post, PicdLocal is not an open marketplace at this point. For the avoidance of any doubt, some examples of items that are explicitly not allowed:
In addition, PicdLocal reserves the right to remove any and all listings that we consider inappropriate or unfit for posting. This will be done at PicdLocal’s discreation, and PidLocal is not required to notify a user of such a removal, nor shall a user have any recourse to reinstate an item in any form. Our policies are often based on applicable laws and regulations, although in some cases, we will make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.
14. Rules of Use
14.1. You agree to use the Website and the Application and its contents and services in accordance with the law, the morality, and the public order and in accordance with these Terms and Conditions. You are also obliged to make a proper use of the services and/or contents and to not use them to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.
14.2. You are solely responsible for the interaction you establish with other Users of the Service and for all Content that you upload, post or transmit through the Website or Application. You also guarantee that you are not infringing any third party right by the content uploaded.
14.3. In addition, you agree and acknowledge that PicdLocal in no case will be held liable for the conduct of other Users.
14.4. PicdLocal prohibits the use of automated software and Posting Agents, directly or indirectly, without the express written permission of PicdLocal. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post content on behalf of others, except with express written permission or license from PicdLocal. As used herein, the term “Posting Agent” refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others
14.5. You agree not to transmit, enter, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound files and image, photos, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions. You agree NOT to:
I. Enter or disseminate in the network data programs (viruses and malicious software) that might cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
II. Disseminate, transmit or make available to third parties any information, element or content that violates the fundamental rights and civil liberties recognized in international treaties.
III. Disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
IV. Enter or disseminate any information and content false, inaccurate or ambiguous in a manner which is misleading in the recipients of the information.
V. Disseminate, transmit or make available to third parties any information, element or content involving a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to PicdLocal or to third parties.
VI. Crawl, scrape, collect, store or access the database of PicdLocal or collect all or part of the database of ads and users of PicdLocal.
VII. Enter or disseminate content or propaganda which may be considered pornographic or contrary to generally accepted human rights, or broadly offensive to our community.
14.6. You agree to hold PicdLocal harmless of any possible claim, fine, penalty or punishment that can come to bear as a result from your breach of any of the rules stated in this document, reserving PicdLocal the right to request compensation for damages. This includes holding PicdLocal harmless for any and all liability arising from products a User donates, sells or buys through or because of contact with our platform.
14.7. PicdLocal maintains diligence in the control of the data and other content to be displayed in the Website and in the Application. If in spite of this you identify an error or incompleteness, we kindly ask you to notify us at the email address info@picdlocal.com and PicdLocal will reply as soon as possible.
15. Notice and take down
If you believe your copyright-protected work was posted on PicdLocal without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify PicdLocal of alleged copyright infringement is via our email info@picdlocal.com
DMCA Notice
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
16. Nullity and inefficiency of the clauses
If any clause included in the present Terms is declared total or partially void or inefficient, it will only affect that provision or the part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included.
17. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the legislation of the State of California. You and PicdLocal agree to submit any dispute that might arise in the delivery of the products or services subject to these Terms and Conditions, to the Courts of California, United States of America or to the applicable jurisdiction in case of contracting with consumers.
