TERMS OF USE AGREEMENT

Welcome to our Web site. By using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site or the PikLuk Service. The term "PikLuk" or "us" or "we" or "our" refers to PikLuk LLC, the owner of the Web site. This also includes all products and services offered by PikLuk LLC. The term "you" refers to the user or viewer of our Web site.

Acceptance of Agreement

By using any PikLuk Service you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). If you do not agree with these terms, you should stop using the Site and all related Services immediately. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will always be posted on the Site, and you should review this Agreement prior to using the Site.

Description Of Service

The PikLuk Service is comprised of two main parts; the PikLuk Browser and the Dashboard. The Dashboard, found at www.pikluk.com, is a web application where you, as a parent, create child accounts and populate them with websites and email address which are then downloaded and used by the PikLuk Browser. The PikLuk Browser is a browser with an interface suited for younger children, with big buttons and text, images and color. To use the PikLuk Browser, you must have an account on PikLuk.com and also have set up children accounts. Our service is Free with an optional Premium Service subscription which is detailed in our upgrade pages.

Copyright

The content, organization, technology, algorithms, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the section titled "Limited License; Permitted Uses" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Website Links

All links added by parents to their list of sites are added at the sole discretion of the user, without preference by PikLuk LLC. Any links added to the Popular and Recommended sites are listed in order of their popularity among PikLuk users. Their appearance on the dashboard is as a result of the aggregate will, deliberate and intentional, of PilLuk users and not at the discretion of PikLuk LLC. Furthermore, their order is a result of their popularity accross the PikLuk community, and therefore constitute no biases on the part of PikLuk. User's are free and able to remove links they've added at their discretion.

Since we allow the addition of links by users at their discretion, the appearance of such links on the Popular and Recommended sites due to their popularity among PikLuk users. We will remove links to Inappropriate Content, as defined below. You agree that PikLuk LLC cannot be held liable for the content of links, or the availability of those links. You also agree that PikLuk LLC is not liable for damages caused by such links, or products or services related to such links.

Inappropriate Content

PikLuk LLC reserves the right to remove, at its discretion, any links that have been added by misuse of PikLuk Services which point to inappropriate content. The meaning of Inappropriate Content is determined solely at the discretion of PikLuk LLC. It includes but is not limited to, such sites as those that display pornography, overtly malicious material, or sites that promote discrimination either based on gender, sexual orientation, race, language, or other matter determined by us. Before adding any site from the Popular and Recommended links on the dashboard, it is the Parent's responsibility to review and confirm that they trust the site.

Right To Refuse Service

PikLuk LLC reserves the right to terminate any account at any time. Partial refunds will be offered in this case. A refund for a Premium Account that has been terminated by us will be prorated based on subscription and termination dates. Accounts attempting to promote inappropriate content, as described above, will be subject to immediate termination without notice. If such material is found to violate any corresponding local, state, or federal laws, the proper authorities will be notified. Further, we reserve the right to refuse membership to any person at any time.

Service Marks

"PikLuk.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks or their respective owners.

Modifications to Service and Products

PikLuk LLC reserves the right to modify any service or product at any time without prior notice to you. Modifications to the product and service will remain consistent with the latest posted Privacy Policy. We also reserve the right to discontinue or suspend any service or product at any time, either temporarily or permanently, without specific notice to you. We periodically update the PikLuk Browser and website with new features or modifications or corrections. We do not require you to initialize an upgrade process to receive these modifications. All such modifications are done dynamically and transferred to your browser every time you connect and use the PikLuk Service.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print our discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the sections titled "Limited License; Permitted Uses" above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portions of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any king, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

Personal Information Usage

For the remainder of this Agreement, the term "Adult Account" is used to describe the parent account which you create when first using the PikLuk Web site. The term "Child Account" is used to refer to an account created for your children, within the scope your Adult Account. The term "PikLuk Link" is used to refer to a web site link that you add to each of your Child Accounts for use by them. By accepting this agreement, you grant permission to PikLuk to harvest the PikLuk Links you have added to your Adult Account in a centralized database. We collect information on usage by your Child Accounts to report back to you, the Adult Account owner, consistent with our Privacy Policy. Please refer to our Privacy Policy for additional details on site statistics and parental consent. PikLuk reserves the right to terminate an Adult Account, without warning, if such account has been used for the purposes of distributing or enabling the distribution of illegal material.

Testimonial Disclaimer

The participants used for testimonials may be actors and may not be actual PikLuk Customers. Where actual users submitted testimonials, names and locations have been changed to protect their anonymity. Testimonials are not a guarantee of satisfaction with any service provided by PikLuk LLC.

Indemnification

You agree to indemnify, defend and hold harmless PikLuk LLC, its officers, employees, agents, vendors, suppliers, and any third party information providers to the PikLuk Service and associated products and services, from and against all losses, damages, expenses, and costs, including reasonable attorney's fees, resulting from any violation of this Terms Of Use Agreement by you or any other person accessing this site or service.

Refund and Cancellation Policy

You have the option of terminating the use of our Premium Service at any time. You may do so by visiting the Dashboard and editing your Account information. Once cancelled, you will not be billed again. However, you will also not be refunded partial or complete payments. Until the end of your last complete billing cycle, your account will remain open and the PikLuk Browser will function properly with Premium Features enabled. After the end of your last complete billing cycle, you will still be able to log into the Dashboard but your available features will be reduced to the level of the free service. The features available to you through the Free Service are limited and subject to change by us without prior notice. To begin using the Premium Service, you can agree once again to our Terms Of Use and enter payment information.
To cancel your account altogether, including your Premium Service and closing your account completely, you can follow the steps above to cancel billing, then email us at customer-support@pikluk.com to close your account completely. Provide your username and password in the email.
PikLuk does not offer refunds. As stated above, you may cancel your Premium Service at any time, however we do not offer partial or full refunds on your last successful payment.
We will send you notification if we are unable to process your payment. In those emails you will be offered ways of addressing the payment by providing updated information. If we are unable to process your payment and you do not update your payment information, your Premium Service will be automatically deprecated to the features available in our Free Service.