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Last Revision: May 1, 2016

Welcome to the Picoworkers.com, a web service utility that connects Employers and Workers online. Picoworkers service is operated by Octobrain, Inc. and its subsidiaries and affiliates ("us," "we", "Picoworkers", "site" or "Picoworkers.com"). By using or accessing the Picoworkers Service, you agree that you have read, understand and are bound by these Terms & Conditions ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms & Conditions at any time without further notice. Your continued use of the Picoworkers Service after any such changes constitutes your acceptance of the new Terms & Conditions.

Privacy

We care about the privacy of our users and encourage you to read our Privacy Policy.

Eligibility

You may not use the Picoworkers Service if you are under 18 years old.

Registration; Account Security

When you register for and use the Picoworkers Service, you will be asked to provide information about yourself (First & Last name, Country). After registering we may ask you to provide your address and other personal data such as date of birth, gender, etc. This is optional and you don't have to provide such data if you don't want to. Your user data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing the Picoworkers Service, you represent, warrant and agree that you will not:

  • Do anything that could disable, overburden or impair the proper working of the Picoworkers Service;

  • Use any robot, spider, scraper or other automated means to access the Picoworkers Service;

  • Send spam or any other unauthorized advertisements or solicitations through or using the Picoworkers Service;

  • Harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Picoworkers Service;

  • Solicit private information (including social security numbers, credit card numbers and passwords) from users of the Picoworkers Service;

  • Provide any false personal information in your profile, create more than one account, transfer your profile, create an account for anyone other than yourself or create jobs without authorisation;

  • As a Worker you will only work with one account and will not try to submit same job twice using more accounts.

  • Use your profile for any commercial purpose;

  • Use Picoworkers to transfer deposit funds between different payment gateways;

  • Use an iFrame (or any other approach) to offer web search functionality on the Picoworkers Service;

  • Intimidate or harass any user on Picoworkers.com or any of its affiliated pages (Facebook, Twitter, Instagram, Tumblr and other pages owned by Picoworkers);

  • Use proxy servers to access Picoworkers.com and/or submit tasks via proxy servers

  • Do anything that is illegal, infringing, fraudulent, malicious or could expose Picoworkers or the Picoworkers Service users to harm or liability; or

  • Attempt, encourage or facilitate any of the above.

User Content

By using or accessing the Picoworkers Service, you represent, warrant and agree that you will not:

  • Start jobs that violate the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);

  • Post any Contact Information or private information of any third party;

  • Post any false, misleading or fraudulent information;

  • Start any jobs that might be defined as scam;

  • Post any links, instructions or material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;

  • Post alcohol-related or other mature content on Picoworkers Service that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or

  • Post User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

Picoworkers does not pre-screen, review, edit or approve any pages, websites or information outside of Picoworkers.com domain. Picoworkers may, in its sole discretion, remove or disable access to any page, website or link posted by its users. Picoworkers may block the user account at any time and disable access to it and all information (jobs, submitted tasks,...) posted by this account.

"Content" means any jobs, job information (requirements, description, title,...) and anything else that you Post on or through the Picoworkers Service. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Picoworkers Service.

Intellectual Property Complaints

We respect the IP rights of others and we prohibit users from Posting Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that Content on the Picoworkers Service infringes your IP rights, please report that to us immediately. You can report all IP claims, including any copyright claims, which will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please contact us.

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on the Picoworkers Service.

If you collect, access or use information relating to any user of the Picoworkers Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Picoworkers.

Ownership; Proprietary Rights

Except for Content submitted by user, all materials, content and trademarks on the Picoworkers Service are the property of Picoworkers and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, PICOWORKERS, the PICOWORKERS LOGO, PW, Picoworkers.com, and all related logos, are trademarks of Picoworkers. Except as expressly authorized by Picoworkers in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses

You are solely responsible for the User Content that you post on or through the Picoworkers Service. You hereby grant Picoworkers an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Picoworkers Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your account name, jobs started, tasks finished or other information submitted for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Picoworkers Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

If you own or control a website, you may place Picoworkers' button, logo and/or text ("Link": a "Referral Link" or "Regular Link"), including all trademarks therein, on your website for the sole purpose of attracting more users on the Picoworkers Service. By offering a Link on your website, you agree, represent and warrant that you will not place a Referral Link on any page containing content that would violate these Terms if Posted on the Picoworkers Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Links from your website.

Picoworkers Agreement Policy

By creating Picoworkers account OR by login to your account, you agree to Terms and Conditions (this document) and you also agree to everything displayed on this website. You agree that Tasks not rated by Employers will auto-close in 7 days as Satisfied or earlier if that was selected by an Employer when starting a new Campaign/Job. If you do not agree with Anything displayed on this website, please do not use Picoworkers. You agree to comply with all applicable federal and state laws in connection with your use of the Site and Site-related services.

Disclaimer

References to "Picoworkers", "Picoworkers.com" and "this site" refer to the picoworkers.com website and all related websites, it's owners and any related companies. By using the information, services and products available through this site and downloading any software, you are agreeing to the terms and conditions contained herein. This site provides the information, services and products available "AS IT IS", with no warranties whatsoever. All express warranties and all implied warranties and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law. This site is not associated with the software it provides (or display a link to) for download and cannot be held liable for issues or faults that arise from the download or use of the software.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Picoworkers ("Submissions"), are non-confidential and non-proprietary. Picoworkers will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Refunds

All deposits are 100% refundable in case you haven't used that money to pay for services you have ordered. You acknowledge that service fees for payments to Workers and Picoworkers are non-refundable. Deposited unused credit in your account is refundable with the applicable withdrawal fee. All refund requests must be made within 1 year of the deposit.

Acknowledgement

You acknowledge that: (1) Picoworkers.com is not a bank, an escrow service, or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, in a User Account are not segregated into a separate account but represent unsecured obligations of Picoworkers.com to the User with respect to the purchase and sale of Services through Picoworkers.com; (3) Picoworkers.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. By initiating and sending payments through Picoworkers.com, you appoint Picoworkers.com as your agent to obtain the funds and hold and to transfer such funds to the Worker, subject to these terms and conditions.

Inactive Accounts

User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$5 per month until either the Account is terminated or reactivated. Picoworkers.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

Chargebacks

You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Employers through the Site are your responsibility and you will not hold Picoworkers.com liable for such. You agree that Picoworkers.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, Picoworkers.com assesses a USD $20.00 fee to Users for credit and debit card payment chargebacks.

Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges, Picoworkers.com reserves the right to collect any amounts owing to Picoworkers.com by any other legal means.

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Picoworkers.com. These taxes will be added to fees billed to you, if applicable.

User Disputes; Complaints

You agree not to hold Picoworkers responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Picoworkers Service. This includes transactions conducted on the Picoworkers Service as well as the collection, handling and sharing of personal or other information that you provide to third parties. If you have a dispute with a third party relating to the Picoworkers Service, you release Picoworkers and its directors, officers, employees and agents (collectively, the "Picoworkers Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you believe that the Picoworkers Service or Picoworkers' business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Picoworkers's department (use contact us form or email). If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Picoworkers Service is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold Picoworkers Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Picoworkers Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Picoworkers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Picoworkers, and you agree to cooperate with Picoworkers' defense of these Claims.

General Disclaimers

USE OF THE PICOWORKERS SERVICE IS AT YOUR OWN RISK. THE PICOWORKERS SERVICE, PICOWORKERS WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE PICOWORKERS SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PICOWORKERS, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, PICOWORKERS, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE PICOWORKERS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PICOWORKERS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PICOWORKERS IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE PICOWORKERS SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS (THEIR WEBSITES OR INSTRUCTIONS OR EXPECTATIONS etc.) WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PICOWORKERS ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE PICOWORKERS SERVICE, THE PICOWORKERS WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE PICOWORKERS SERVICE, EVEN IF PICOWORKERS OR A PICOWORKERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PICOWORKERS' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF PICOWORKERS ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PICOWORKERS SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE PICOWORKERS SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PICOWORKERS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to the Picoworkers Service

We may terminate your account on the Picoworkers Service, delete your account and any Content you have Posted on or through the Picoworkers Service, and/or prohibit you from using or accessing the Picoworkers Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Picoworkers Service at any time without notice. The following sections will survive any termination of your use of the Picoworkers Service: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Picoworkers Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.

Arbitration

Except as set forth in the paragraph below, you agree that all claims and disputes between you and Picoworkers that arise out of or relate in any way to the Terms or your use of the Picoworkers Service will be resolved either by (a) binding arbitration by a single arbitrator in Delaware or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

Governing Law; Venue and Jurisdiction

You agree that all claims and disputes between you and Picoworkers that arise out of or relate in any way to the Terms or your use of the Picoworkers Service will be governed by the laws of the State of Delaware (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Delaware, USA.

Other

The "Picoworkers Service" means the features, services and properties that Picoworkers makes available through (a) www.picoworkers.com or any other Picoworkers-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Picoworkers Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Picoworkers at the email address you provide in registering for the Picoworkers Service or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Picoworkers Service.

More information

Please visit Frequently asked questions for more information.

 

 

 

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