5.1 Picko may, at its sole discretion, enable Members to (i)
create, upload, post, send, receive and store content, such as
text, photos, audio, video, or other materials and information on
or through the Picko Platform ("Member Content"); and (ii) access
and view Member Content and any content that Picko itself makes
available on or through the Picko Platform, including proprietary
Picko content and any content licensed or authorized for use by or
through Picko from a third party ("Picko Content" and together
with Member Content, "Collective Content").
5.2 The Picko Platform, Picko Content, and Member Content may in
its entirety or in part be protected by copyright, trademark,
and/or other laws of the United States and other countries. You
acknowledge and agree that the Picko Platform and Picko Content,
including all associated intellectual property rights, are the
exclusive property of Picko and/or its licensors or authorizing
third-parties. You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Picko Platform, Picko Content
or Member Content. All trademarks, service marks, logos, trade
names, and any other source identifiers of Picko used on or in
connection with the Picko Platform and Picko Content are
trademarks or registered trademarks of Picko in Hong Kong and
abroad. Trademarks, service marks, logos, trade names and any
other proprietary designations of third parties used on or in
connection with the Picko Platform, Picko Content, and/or
Collective Content are used for identification purposes only and
may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative
works of, distribute, license, sell, transfer, publicly display,
publicly perform, transmit, broadcast or otherwise exploit the
Picko Platform or Collective Content, except to the extent you are
the legal owner of certain Member Content or as expressly
permitted in these Terms. No licenses or rights are granted to you
by implication or otherwise under any intellectual property rights
owned or controlled by Picko or its licensors, except for the
licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Picko grants you
a limited, non-exclusive, non-sublicensable, revocable,
non-transferable license to download and use the Application on
your personal device(s).
5.5 By creating, uploading, posting, sending, receiving, storing,
or otherwise making available any Member Content on or through the
Picko Platform, you grant to Picko a non-exclusive, worldwide,
royalty-free, irrevocable, perpetual (or for the term of the
protection), sub-licensable and transferable license to such
Member Content to access, use, store, copy, modify, prepare
derivative works of, distribute, publish, transmit, stream,
broadcast, and otherwise exploit in any manner such Member Content
to provide and/or promote the Picko Platform and its Campaigns, in
any media or platform. Insofar as Member Content includes personal
information, such Member Content will only be used for these
purposes if such use complies with applicable data protection laws
in accordance with our Privacy Policy. Unless you provide specific
consent, Picko does not claim any ownership rights in any Member
Content and nothing in these Terms will be deemed to restrict any
rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you
make available on or through the Picko Platform. Accordingly, you
represent and warrant that: (i) you either are the sole and
exclusive owner of all Member Content that you make available on
or through the Picko Platform or you have all rights, licenses,
consents and releases that are necessary to grant to Picko the
rights in and to such Member Content, as contemplated under these
Terms; and (ii) neither the Member Content nor your posting,
uploading, publication, submission or transmittal of the Member
Content or Picko use of the Member Content (or any portion thereof)
as contemplated under these Terms will infringe, misappropriate or
violate a third party's patent, copyright, trademark, trade secret,
moral rights or other proprietary or intellectual property rights,
or rights of publicity or privacy, or result in the violation of
any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any
Member Content that: (i) is fraudulent, false, misleading
(directly or by omission or failure to update information) or
deceptive; (ii) is defamatory, libelous, obscene, pornographic,
vulgar or offensive; (iii) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or
group; (iv) is violent or threatening or promotes violence or
actions that are threatening to any other person or animal; (v)
promotes illegal or harmful activities or substances; or (vi)
violates Picko’s Content Policy or any other Picko policy. Picko
may, without prior notice, remove or disable access to any Member
Content that Picko finds to be in violation of applicable law,
these Terms, or otherwise may be harmful or objectionable to Picko,
its Members, third parties, or property.
5.8 Picko respects copyright law and expects its Members to do the
same.