Terms Of Service

Welcome to Picuki! These terms and conditions ("Terms") outline the agreement between you and Picuki regarding the use of our services, encompassing the listed websites collectively referred to as the "Website." By accessing and using the Website, you signify your understanding and acceptance of these Terms. The terms "you" or "your" refer to you, any entity you represent, your representatives, successors, assigns, affiliates, and your devices. If you disagree with these Terms, please navigate away from the Website and discontinue its use.

1. Eligibility

a. To use the Website, you must be at least eighteen (18) years old or the age of majority in your jurisdiction if greater than eighteen (18). Usage is prohibited where law restricts it.

b. By accepting these Terms, you acknowledge that we provide you the Grant of Use to access the Website under Section 2. This consideration is deemed sufficient, and you confirm receiving it.

2. Grant of Use

a. You are granted a non-exclusive, non-transferable right to access, non-publicly display, and use the Website and its content (the "Content") for personal, noncommercial use, subject to Website restrictions.

b. We may terminate this grant at our discretion, with or without notice, and are not obligated to retain your account or User Submissions (defined below) upon termination.

3. Intellectual Property

a. The Content, excluding User Submissions, is owned or licensed to us, subject to copyright, trademark, and other rights. All rights are reserved.

b. You agree not to exploit any Content, in whole or in part, without explicit permission.

4. User Submissions

a. You are responsible for all materials you submit ("User Submissions"). Once submitted, User Submissions may not be withdrawn. Any personal information in User Submissions may be publicly accessible.

b. You affirm, represent, and warrant ownership or necessary licenses for User Submissions. User Submissions must not depict sexually explicit acts.

c. You agree not to submit material infringing third-party rights, illegal, obscene, or inappropriate, as determined by us.

d. We have no ownership over User Submissions. You grant us a license to use, reproduce, and display User Submissions. We may refuse, remove, or block access to any User Submission.

e. You represent having the necessary rights to grant us the license for User Submissions, and uploading them does not infringe others' rights.

f. We may, at our discretion, refuse to publish or remove any User Submission without notice.

g. You agree to defend us against claims alleging User Submission infringement, indemnifying us for damages, attorney's fees, and costs.

5. Content on the Website

a. While using the Website, you acknowledge exposure to content from various sources, including Third Party Content. We do not control or take responsibility for Third Party Content. You may encounter inaccurate, offensive, or objectionable content, and, by agreeing to these Terms, you waive any related legal or equitable rights against us.

b. We have no ownership or control over Third Party Content, and third parties are responsible for protecting their rights.

c. We do not assume responsibility for monitoring inappropriate content or conduct on the Website. If we choose to monitor, we are not obliged to modify or remove any content (including User Submissions and Third Party Content) and are not responsible for others' conduct.

d. All Content (including User Submissions and Third Party Content) on the Website is provided "AS-IS" for your information and personal use. You shall not exploit the Content for any other purpose without prior written consent from the respective owners/licensors.

e. We may, at our discretion, refuse to publish, remove, or block access to any Content for any reason, with or without notice.

6. User Conduct

a. You represent and warrant the accuracy and currency of all information and content provided to us. You affirm having the necessary rights, power, and authority to agree to these Terms, provide User Submissions, and fulfill your obligations under these Terms.

b. You expressly authorize us to monitor, record, and log your activities on the Website.

c. As a condition of Website use:

- You agree not to use the Website for unlawful purposes or in violation of these Terms.
- You agree to comply with all applicable laws and regulations.
- You agree not to expose us to criminal or civil liability.
- You are solely responsible for acts and omissions resulting from Website use.
- You confirm ownership of User Submissions and the right to provide and use them on the Website.
- You agree not to use automated means to download, monitor, or use data or Content from the Website.
- You agree not to impose an unreasonable load on our technology infrastructure.
- You agree not to "stalk" or harass anyone on the Website.
- You agree not to manipulate identifiers to disguise information origin.
- You agree not to interfere with security features or content use limitations on the Website.
- You agree not to post material containing software viruses or any harmful computer code.
- You agree not to exploit or make available the Website or Content to third parties.
- You agree not to build upon or alter any portion of the Website or its services.
- You agree not to "frame" or "mirror" the Website.
- You agree not to reverse engineer any portion of the Website.

d. We reserve the right to take appropriate action, including termination of Website use, against any user for unauthorized use. Unauthorized use may lead to civil, criminal, and injunctive remedies.

e. Violation of this Agreement, including Section 6, may result in liquidated damages. You may be subject to damages of ten thousand dollars ($10,000) for each violation, and in case of legal action or harm, up to One Hundred and Fifty Thousand Dollars ($150,000) per violation. These provisions aim to reasonably estimate actual damages, and if found unenforceable, the damages will be lowered to the extent necessary for enforceability.

7. Services on the Website

a. The Website serves as a general-purpose search engine and tool. It enables users to search various websites for music and videos, allowing the download of audio files from videos and audio found elsewhere on the Internet. Usage of the Website must comply with the law, and any use in violation of the law is not encouraged, condoned, induced, or allowed.

The Website may only be used in accordance with the law. We do not encourage, condone, induce or allow any use of the Website that may be in violation of any law.

b. User Submissions are not stored beyond a transitory period to facilitate user content download.

8. Fees

a. We reserve the right to charge for any or all services and change fees at our sole discretion. In case of termination due to a breach of these Terms, no refund of fees is entitled. Additional rules, terms, conditions, or agreements posted on the Website or imposed by sales agents or payment processing companies govern such fees.

9. Privacy Policy

a. Our Privacy Policy is separate, and accepting these Terms also implies acceptance of the Privacy Policy. The Privacy Policy may be amended by posting changes to the Website, and your continued use after amendments constitutes acceptance, regardless of whether you have read them.

10. Copyright Claims

a. We respect intellectual property rights and prohibit infringement. Any Content violating intellectual property rights may be removed, and use of the Website terminated.

b. REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITE TERMINATED.

c. Complying with the Digital Millennium Copyright Act, any claims of copyright infringement should be sent via our contact page.

d. Effective notifications must include:

- Identification of the copyrighted work believed to be infringed.
- Identification of the infringing material and its location.
- Contact information.
- A statement of good faith belief in unauthorized use.
- A statement of accuracy under penalty of perjury.
- A physical or electronic signature.

e. If your Content is removed, a counter-notification must include:

- Your physical or electronic signature.
- Identification of the removed material and its prior location.
- A statement under penalty of perjury regarding removal circumstances.
- Your contact information.
- Consent to jurisdiction of courts.

11. Modification of These Terms

a. We reserve the right to amend these Terms by posting such amendments on the Website. No additional notification will be provided. YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH AMENDMENTS CONSTITUTES ACCEPTANCE, REGARDLESS OF WHETHER YOU HAVE READ THEM.

12. Indemnification and Release

a. You agree to indemnify and hold us harmless from damages, third-party claims, and expenses, including attorney's fees, arising from your use of the Website or breach of these Terms.

b. In disputes with other users or third parties, you release us, our officers, employees, agents, and successors-in-right from all claims, demands, and damages, known or unknown, arising out of or related to such disputes or the Website.

13. Disclaimer of Warranties and Limitations of Liabilities

a. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NO FURTHER).

b. The Website may contain links to third-party websites. We have no responsibility for the content, privacy policies, or practices of third-party websites. We disclaim any liability arising from your use of any third-party websites.

c. The Website is provided "AS-IS" without any warranty, express, implied, or statutory. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability, or quiet enjoyment. We disclaim warranties for viruses or harmful components. Some jurisdictions may not allow these disclaimers, limiting their applicability.

d. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. THIS INCLUDES USE, MISUSE, INABILITY TO USE, RELIANCE ON CONTENT, INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, COMPLETE DISCONTINUANCE OF THE WEBSITE, OR TERMINATION OF SERVICE. THESE LIMITATIONS APPLY TO DAMAGES FROM OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW SOME LIMITATIONS OF LIABILITY, LIMITING THEIR APPLICABILITY.

e. WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) RESULTS OBTAINED FROM YOUR USE WILL BE ACCURATE OR RELIABLE, (iv) QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.

f. CONTENT OBTAINED THROUGH THE WEBSITE IS AT YOUR DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA RESULTING FROM SUCH CONTENT.

g. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TERMINATION OF YOUR USE. IN NO CASE SHALL OUR MAXIMUM LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED $100.

14. Legal Disputes

a. To the maximum extent permitted by law, these Terms and any dispute between you and us are governed by the laws of Germany, without regard to conflict of law provisions. YOU AGREE TO PERSONAL AND EXCLUSIVE JURISDICTION IN AND VENUE OF THE COURTS IN GERMANY. YOU WAIVE THE RIGHT TO SEEK ANOTHER VENUE.

b. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

c. You waive the right to a trial by jury for any dispute arising from or relating to these Terms or the Website, even if arbitration provisions are waived.

15. Advertising

We accept advertisements on Picuki.site for non-commercial research and development purposes. Ads may be delivered by advertising partners, and users may dismiss the use of cookies or cease access to the website at any time.

16. General Terms

These Terms, as amended, constitute the entire agreement between you and us, superseding all prior agreements. Failure to enforce any provision does not waive the right to enforce it later. If any part is invalid, it will be replaced with a valid provision, and the remainder will continue in effect. These Terms are not assignable by you but may be assigned by us without restriction. Notices may be provided by e-mail, regular mail, or postings on the Website. Section titles are for convenience only. The term "including" is illustrative. In case of a conflict between translations and the English version, the English version controls.

Restitution.

You agree to defend, indemnify, and hold harmless the Service and its affiliates from claims, damages, obligations, losses, liabilities, costs, or debt arising from (1) your use of the Service, (2) your violation of this Agreement, and (3) your negligence or willful misconduct. We are not liable for damages resulting from a User's transgression of these Terms. You and we agree not to pursue or participate in a class or representative action, private attorney general action, or collective arbitration.

Users are responsible for the content you use with (the link you paste on) Copyright Issue Picuki respects copyrights and complies with copyright laws and regulations.

Users are responsible for the content they use with picuki App and Web. picuki provides support to Users to download information/content Users paste on picuki App and Web for the legitimate interests of the Users. Users only use video downloaded through picuki App and Web for personal, non-commercial, free purposes.

picuki cannot and has no obligation to check the legality of each content. If any violation is detected, Users will be banned from accessing and using picuki App and Web and picuki Products and Services. picuki does not backup/archive User’s content.

We encourage users to inform us of any suspected misuse, misrepresentation, unauthorized use, infringement, and non-compliance. Use License

We grant users permission to temporarily download one copy of the Content and Materials on picuki App and Web for personal, non-commercial viewing only. This is a license, not a transfer of title. Users may not alter, modify, distribute, duplicate, use for any commercial purpose, or for any public display. Users may not remove copyright or other proprietary notations or transfer the content to another person.