This Terms of Use agreement is effective as of: January 1, 2020
Your access to, use of, and participation in the Platform (as defined below) is subject to the Terms of Use and all applicable Piknik Events regulations, guidelines, and additional policies that Piknik may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Piknik publishes on the Platform (the "Additional Policies"). The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (which is hereby incorporated into these terms) constitute a legally-binding agreement between Piknik, a Florida-based company, and you. These Terms of Use contain provisions that define your limits, legal rights, and obligations with respect to your use of and/or participation in (i) the Piknik website platform, whether accessed through a computer or mobile device, including the classified advertisements, forums, various email functions and Internet links, and all content and Piknik services available through the domain and subdomains of Piknik located at piknikevents.com or through the Piknik mobile application software (collectively referred to herein as the "Platform"), and (ii) the online transactions between those users of the Platform who are offering services (each, a "Service Professional") and those users of the Platform who are obtaining services (each, a "Service User") through the Platform (such services, collectively, the "Services"). PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS, THEN YOU MAY NOT USE THE PLATFORM OR SERVICES.
All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business, your acceptance of the Terms of Use will be deemed an acceptance by that business, and "you" and "your" herein shall refer to that business.
Piknik reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and Piknik will post the amended Terms of Use at the domain of piknikevents.com terms, and/or may communicate the amendments through any method of written contact that Piknik has established with you. Piknik will post notice of the updated Terms of Use in advance of its effective date for amended terms containing material changes. It is your responsibility to review the Terms of Use for any changes. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not access the Platform.
By using Piknik, you agree to our Terms of Use. Piknik can change the Terms of Use at any time and will notify you if we do.
Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By using the Platform, You represent, acknowledge, and agree that you are at least 18 years of age, and that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms of Use, and to abide by and comply with these Terms of Use; (b) you will maintain the accuracy of such information; and (c) your use of the Platform and Services offered through this Platform does not violate any applicable law or regulation. Your Account (as defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, provincial or local laws, rules, regulations or our terms.
You need not register with Piknik to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account").
You are solely responsible for safeguarding your Piknik password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Piknik immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby acknowledge and agree that Piknik will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Piknik or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Services or the posting of prohibited content by using the contact information listed below and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
You acknowledge that we have no obligation to monitor your access to or use of the Services, or to review or edit any Submitted Content, but we have the right to do so for the purpose of operating and improving the Platform or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms of Use, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that we determine is otherwise objectionable or as set forth in the Terms of Use. We reserve the right, at any time and without prior notice, to remove or disable access to any Submitted Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the Platform or the Services. In order to protect the integrity of the Services, we also reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing and using the Services.
You will not send messages to other users containing:
Employment Postings. Federal, provincial and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Piknik will not knowingly accept any Posting for employment which is in violation of the law. Piknik has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is in any way in violation of any federal, provincial, or local law. Real Estate Postings. The Federal Fair Housing Act of 1968 prohibits real estate postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, handicap or familial status or an intention to make any such preference, limitation or discrimination. Piknik will not knowingly accept any Posting for real estate which is in violation of the law.
By offering services through the Platform, Service Professionals hereby represent and warrant that they, and their employees, agents, contractors, subcontractors or employees who may perform work for them, are properly and fully licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. Piknik may review license information provided by Service Professionals either in our discretion or at the request of the Service Professional, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Professional is qualified to perform any given service. It is solely the responsibility of each Service User to determine whether a given Service Professional is qualified and capable of rendering services to them. While using the Platform, you shall not:
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
Reporting Inappropriate Use of Feedback. You may contact Piknik regarding any inappropriate use of Feedback via email at support@piknikevents.com.
Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Platform concerning Feedback, Piknik shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, PIKNIK HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
Piknik reserves the right to:
Use Piknik as it was intended to be used. Don’t upload inappropriate or irrelevant content, violate any laws or take any actions that will undermine the integrity and usefulness of the platform.
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Piknik, in its sole discretion, may take any of the following actions:
Service Professionals must provide accurate information and their profile information must comply with our terms.
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Piknik, in its sole discretion, may take any of the following actions:
You agree that any Submitted Content provided by you, whether or not such Submitted Content is published to the Platform, is provided on a non-proprietary and non-confidential basis and you authorize Submitted Content to be made available in a searchable format to Registered Users with access to the Platform. You agree that Piknik shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Piknik for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to Piknik a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and Piknik's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Platform and under these Terms of Use. For Submitted Content that may be removed or deleted by you, the foregoing license granted by you terminates once you remove or delete the Submitted Content from the Platform, which you may do at any time.
You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve
Piknik does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Piknik expressly disclaims any and all liability in connection with all Submitted Content. Piknik does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Piknik will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. Piknik reserves the right to remove any Data or Submitted Content without prior notice. Piknik will also terminate a user's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a Platform user who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Platform more than twice. Piknik also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Piknik may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that Piknik is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Piknik with respect thereto, and agree to indemnify and hold Piknik, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that Piknik may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Piknik, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, Piknik shall have no obligation concerning the Suggestions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Suggestions. You understand and agree that Piknik is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution. Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Piknik is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
Content that you provide to Piknik is public to users with access to Piknik platform. In providing that content to Piknik you represent that you own that content and/or have all necessary permissions to post it, if permission is required.
Piknik uses a variety of tools in an effort to make the Platform as safe as possible for Service Professionals and Service Users. Among these tools are mandatory third-party verifications of professionals which may include identity, background, criminal, sex offender, reputation and other quality screens. Piknik reserves the right to conduct these screens during sign up and at any future time during a Service Professional’s use of the Platform.
By registering as a Service Professional on the Platform, you do hereby consent to allow Piknik to perform third-party verifications, using information you provide, to verify your identity and evaluate your character and general reputation as a Service Professional. You acknowledge and understand that Piknik may review the information provided by the third-party verification services and, after reviewing the results, may take whatever actions it deems necessary in its sole discretion with respect to your Account. Do not register as a Service Professional on Piknik if you do not want Piknik to verify you using third-party service providers.
You hereby authorize Piknik to verify your representations and warranties, including, but not limited to, those made upon registration by providing information to Piknik, and you acknowledge that Piknik reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PIKNIK FROM ANY LOSS OR LIABILITY THAT MAY RESULT FROM ANY THIRD-PARTY SCREENS. In addition, you do hereby understand and expressly agree that Piknik does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services or the information provided by them. Piknik retains the right to request any further information from you to conduct additional screens and the right to require additional screens, as deemed necessary based on our initial verifications, and the right to terminate your Account based on the information provided by these third-party verification services.
Piknik may screen service professionals with third-party verifications as a condition of use of the platform.
In addition to the mandatory checks described above, Piknik offers Service Professionals the ability to opt into several verifications that may reflect on their trustworthiness to Service Users. The services described below are not exhaustive and do not limit Piknik’s optional or mandatory verifications. Piknik reserves the right to offer new verifications or remove existing verification options at any time. Piknik uses third-parties to provide criminal background check services to Service Professionals. These checks are meant to verify a Service Professional's identity and trustworthiness to Service Users. Piknik also seeks to allow Service Professionals to showcase their professional license credentials. Piknik uses available public information to facilitate the verification of Service Professionals' licenses, but cannot guarantee the accuracy or completeness of that information. Piknik may make these or other third-party verification services available to Service Professionals. Service Professionals may use these services to verify information such as, but not limited to, criminal background and professional license credentials.
Use of the optional third-party verification services is voluntary. You affirm that all of the information you provide to Piknik as part of these optional third-party verification services is correct, complete, and applicable to you. If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby understand and expressly agree that Piknik offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service or the information provided by them. In addition, you understand that Piknik may review the information provided by the third-party verification service and that Piknik retains the right to terminate your Account based on such information.
If you use the optional third-party verification services, you understand that the information in the report may be displayed publicly on your Profile and may factor into Service Users' decisions to engage you as a Service Professional. You agree to indemnify and hold harmless Piknik from any loss or liability that may result from your sharing this report publicly.
Piknik offers optional background checks to all pros. Where possible, Piknik will also showcase confirmed licenses for pros who provide their license information. These verifications are optional, and Piknik does not take responsibility for the results of these verifications.
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this Piknik notifies you that it may, as part of your use of the Platform, use a third-party verification service to obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. Piknik will comply with the requirements of the FCRA in its use of this information. If you, as a Service Professional, decide to use or access information provided by a third-party verification service offered through the Platform, you warrant that you will comply with the FCRA, which can be found at FCRA, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Platform with any other party (either through this Platform or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold Piknik harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Piknik does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Piknik may obtain information on your character and reputation as part of your use of the platform.
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), Piknik has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail): (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Piknik to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Piknik to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
>Feedback, comments, requests for technical support, and other communications should be directed to
Piknik customer service via email at support@piknikevents.com.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Piknik will remove any infringing material, subject to the procedures outlined in the DMCA.
Notwithstanding Piknik's instructions above, you are solely responsible for ensuring that any Notice you provide to Piknik complies with the provisions of the DMCA.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Only the intellectual property rights owner is permitted to report potentially infringing items through Piknik's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use and the DMCA.
If you believe that content you own has been posted on Piknik in violation of copyright or trademark regulations please contact our Copyright Agent to resolve.
Piknik reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Piknik shall not be liable to you or to any third party for any modification, suspension or discontinuance of Piknik services.
You hereby acknowledge and agree that Piknik, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform (a "Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Piknik believes or has reason to believe that you have violated any provision of the Terms of Use.
You may cancel your use of the Platform and/or terminate your Account with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Platform. In the event of a Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Piknik system.
Unless Piknik has previously canceled or terminated your use of the Platform (in which case subsequent notice by Piknik shall not be required), if you provided a valid email address during registration, Piknik will notify you via email of any such termination or cancellation, which shall be effective immediately upon Piknik's delivery of such notice.
Upon a Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Piknik Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Piknik shall not be liable to you or any third party for any termination of your access to the Platform. Upon a Termination of Service, Piknik retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Piknik hereunder shall remain in effect for the foregoing purpose. In no event is Piknik obligated to return any Submitted Content to you. Sections G, I, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Platform or your Account.
You can cancel your Piknik account at any time and Piknik reserves the right to terminate your account at any time.
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Piknik, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners.
Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Piknik reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
Piknik hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that you act in accordance with the Terms of Use, including the specific terms outlined below, and in accordance with all applicable local, provincial, and federal laws.
The Platform contains Piknik's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Piknik owns and retains all rights in the Piknik Data and Marks. Subject to these Terms of Use, Piknik hereby grants you a limited, revocable, non transferable, non sublicensable license to reproduce and display the Piknik Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.
The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Piknik may authorize you to use an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Platform; provided, however, that you provide a link back to the Platform on any pages that contain the Embeddable Player. Piknik reserves the right to discontinue any aspect of the Platform at any time.
Piknik gives you the right to access the platform given that you abide by the Terms of Use. Piknik owns all of the content we put on the platform. Do not misuse this content or any other content on the site.
Joining Piknik, posting Services and viewing posted Services is free. Piknik reserves the right at its sole discretion to charge fees to Service Professionals on a per-transaction basis and/or for other services that Piknik may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by Piknik, or conducting transactions with Service Users through Piknik.
Piknik offers premium services to Service Professionals for a fee and may in the future offer additional services that Service Professionals can also choose to purchase. Piknik reserves the right to charge fees for these services at its sole discretion.
Joining Piknik, viewing posted Services, and bidding on posted Services is free. Piknik reserves the right to charge a fee to Service Users on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to Fee Policy are effective after Piknik has provided you with fourteen (14) days' notice by posting the changes on the Platform.
If applicable, you agree to pay all fees or charges to your Account based on Piknik's fees, charges, and billing terms then in effect. If you do not pay on time or if Piknik cannot charge your credit card, PayPal or other payment method for any reason, Piknik reserves the right to either suspend or terminate your access to the Platform and account and terminate these Terms of Use. You are expressly agreeing that Piknik is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Piknik may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer tax advice to either Service Professionals or Service Users.
Service Users can cancel an order online within 5 days of the date that it has been booked. Piknik will issue a full refund in this case. After this period, all sales on Piknik are final and non-refundable.
It is currently free to join and create a profile on Piknik for both users and professionals. Service Professionals may be charged a fee on a per-transaction basis. Piknik reserves the right to change our fee structure as its sole discretion.
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Piknik provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that
You should not rely on the any information or resources contained on the Platform, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Piknik makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platforms, including, without limitation, the Negotiation Worksheet. In no way will Piknik be responsible for any actions taken or not taken based on the information or resources provided on this Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.
Each Registered User hereby acknowledges and agrees that Piknik is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Platform, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Piknik in any respect. All Service Professionals are independent contractors. Neither Piknik nor any users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users. Please see the Piknik Safety guidelines for more information on Piknik’s practices and suggestions of hiring criteria.
You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which you alone are responsible. You understand that Piknik does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. Piknik is not responsible for the interactions, transaction, or dealings between any Service Provider and Service User.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT PIKNIK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT PIKNIK IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE PIKNIK, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
If a dispute arises between you and Piknik, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Piknik hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Platform in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via email at support@piknikevents.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
If you have a complaint with Piknik, please contact our support team. We seek to resolve disputes in the best way possible for all involved.
Aspects of the Platform and other Piknik services may be supported by advertising revenue. As such, Piknik may display advertisements and promotions on the service. The manner, mode and extent of advertising by Piknik on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Piknik of any advertised products or services. You agree that Piknik shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
Piknik may host advertisements on the site, but this does not imply endorsement of advertised products or services.
The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because Piknik has no control over such sites and resources, you acknowledge and agree that Piknik is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be Piknik's endorsement of such third-party sites or any product or service offered through them. The Third-party website may have different privacy policies and terms and conditions and business practices than Piknik. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Platform or transacting with Piknik. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than Piknik are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Piknik takes no responsibility for advertisements or any third party material posted on the Platform or offered in connection with the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Platform are between you and the advertiser, and you agree that Piknik is not liable for any loss or claim that you may have against an advertiser.
Piknik may present third-party links or contact information on our platform. Unless otherwise stated, this is not an endorsement and Piknik takes no responsibility for any interaction you might have with the third-party.
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PIKNIK AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PIKNIK DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. PIKNIK DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. PIKNIK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Exercise caution and good judgement when using Piknik like you would when hiring a local service professional from any other channel.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT PIKNIK SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PIKNIK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM. THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY PLATFORMS THAT ARE NOT OWNED OR CONTROLLED BY PIKNIK. PIKNIK DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PLATFORMS. IN ADDITION, PIKNIK WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE PIKNIK FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY PLATFORM. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PLATFORM THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.
Neither PIKNIK nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PIKNIK, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; ARISING OUT OF A TERMINATION OF SERVICE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PLATFORM.
IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE PIKNIK (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY PIKNIK WITHOUT RESTRICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
You agree that Piknik may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Platform. By agreeing to receive text messages or telephone calls from service providers, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@piknikevents.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need:
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Piknik on the Platform, shall constitute the entire agreement between you and Piknik concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Piknik's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any questions about the Terms of Use or the Services, please contact us by sending an email to support@piknikevents.com, or by writing to:
3109 Grand Ave #450 Miami FL 33133 USA
The section headings and Tips sections in the Terms of Use are for convenience only and have no legal or contractual effect.