License and Site Access

Pikazo Inc. ("Pikazo") grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pikazo. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pikazo. You may not use any meta tags or any other "hidden text" utilizing Pikazo's name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Pikazo. You may not use any Pikazo logo or other proprietary graphic or trademark as part of the link without express written permission.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Pikazo or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of Pikazo or its software suppliers and protected by United States and international copyright laws.

Trademarks

The trademarks, logos, service marks, and trade names displayed on our website are registered and unregistered trademarks of Pikazo and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders and that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed on pikazo.com is strictly prohibited. We will enforce our trademark rights to the fullest extent of the law, including seeking criminal prosecution.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Pikazo Inc. ("We," "Us," "Our") offers a mobile messaging program ("Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy ("Agreement"). By opting in to or participating in our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method used, you agree that this Agreement applies to your participation in the Program. By participating, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. Message and data rates may apply.

User Opt-Out

If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also agree that any other method of opting out, including texting words other than those set forth above or verbally requesting one of our employees to remove you, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If you intend to stop using the mobile number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree to complete the User Opt-Out process set forth above before ending your use of the mobile number. You agree that failure to do so is a material breach of these terms and conditions. You further agree that if you discontinue the use of your mobile number without notifying Us, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individuals who are later assigned that mobile number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Indemnity Clause

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE NUMBER YOU PROVIDED.

Program Description

Users that opt into the Program can expect to receive messages concerning the marketing and sale of our products.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions 

For support regarding the Program, text “HELP” to the number you received messages from or email us at admin@pikazo.co. Note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have your own wireless device capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content

You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event of any dispute, claim, or controversy between you and Us, or between you and any third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be determined by arbitration in Delaware before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. The arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Pikazo's principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served, the parties must jointly select an arbitrator with at least five years of experience. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the Federal Arbitration Act (FAA).