Last modified: August 11, 2021Terms of service
These terms of service contain general rules concerning the use of the Picky app (“App”). We want you to have an optimal experience. That’s why it is important for the Picky app user (“User”) and the Picky app recipe publisher (“Publisher”) submitting recipes (“Recipes”) to know what they share, and how their content is used. In any case of violation of these terms, we hope you to get in touch with us, on a mutual base of respect.
The Picky services are operated and managed by Picky BV (“Picky”), a Belgian company.Access to the service
Users are granted access to the App subject to acceptance of these general terms and conditions of use (“Terms and Conditions”), which Picky shall, however, be free to modify at any time. Any notification may be sent to the User by e-mail or through a notification in the App. Additional rules and lines of conduct shall be deemed to form an integral part of these general terms and conditions.
In addition to the acceptance of the Terms and Conditions, Publishers are required to obtain the written or electronic permission of Picky to be granted access to the recipe submission dashboard of the App (“Dashboard”). A request for permission shall be submitted upon registering as Publisher.
Users and Publishers are therefore advised regularly to refer to the latest version of these Terms and Conditions, which are available at all times on this page. In the framework of the use made of the service, the User and the Publisher shall expressly refrain from:
Publishing any content that is illegal, harmful, threatening or improper, that constitutes harassment, that is defamatory, vulgar or obscene, that threatens another person’s privacy, or that is hateful, racist or in any other way reprehensible;
Publishing any content that contravenes the national and international laws in force; Publishing any content that infringes any patent, registered trademark, manufacturing secret, intellectual property right or any other right of property belonging to other people; Collecting and storing personal data relating to the other Users or Publishers.
Upon registration, the User and the Publisher shall provide correct and complete information. Picky BV reserves the right to also make uploaded content (“Content”) available to non-registered users, such as recipe previews. Services content
Picky guarantees that the elements, services and functions placed at the User’s and Publisher’s disposal comply substantially with the generally accepted standards if they are used in accordance with the instructions provided, and that the programs and all elements created by Picky and made available to the User and Publisher respect third parties’ rights and in general are not unlawful.
Picky is bound, in a general fashion, by an obligation to use all reasonable means to accomplish a desired result, without guaranteeing said result.
Picky shall under no circumstances be held liable for any direct and/or indirect loss or damage sustained by the User or Publisher in the context of use of the App and/or the content thereof placed at his/her disposal. Likewise, Picky shall only be liable for fraudulent misrepresentation or gross negligence attributable to it. It shall not be liable for fraudulent misrepresentation or gross negligence on the part of its agents, principals and as a general rule its implementing officers.
The User and Publisher shall also hold Picky harmless in the event of any claim, in one or other of the following cases:
Loss of opportunities or of business income linked to the functioning or non-functioning or use or non-use of the services, or of the content that is on it or should be on it; Illegal or unauthorized intrusion of any third party in the Picky servers; Temporary congestion of the bandwidth; Break in the internet connection service for reasons beyond the control of Picky.
The User and Publisher accept that the functions offered on the services are subject to change. This means that some functions may be removed and others added, without the User or Publisher being able to regard access to a particular function as an acquired right. Likewise, Picky alone shall decide on the expediency of inclusion or removal of a particular content presented on the App. User and Publisher rights
Picky hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the App and the available Content and Recipes for the duration of the time the User’s account remains active. The User may not lease or rent the Content to third parties. The App and the Content are copyright protected.
The Publisher is granted the right to submit Recipes through accessing the Dashboard of the App. The Publishers confirms to only publish content which does not infringe copyright protected material and complies with the applicable laws.
The User and Publisher shall own all Content or Recipes that the User and Publisher contribute to the services, but hereby grant and agree to grant Picky an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, change, edit, amend, store, display, reproduce and distribute User Content and Recipes (whether electronically or in any other media now known or that is subsequently developed) on a worldwide basis in connection with: - our operation and administration of the App;
- making the App available to you and our other Users to use;
- to enable us to develop, enhance and refine the App over time; and
- advertising purposes related to the promotion of the App.
Warranty disclaimer
Picky reserves the right, at any time and on any grounds whatsoever, to alter or temporarily or permanently discontinue all or part of the access to the App, without having to inform the User or the Publisher thereof beforehand. This will be the case, for example, in the event of App maintenance or a major change in the services and/or functions offered. Picky may not be held liable for any direct or indirect loss or damage associated with an alteration or suspension of or interruption in access to the App, for any reason whatsoever. Copyright policy
The information, logos, drawings, brand names, models, slogans, graphic charts, etc. accessible through the App may be protected by intellectual and/or industrial property rights. Except where expressly authorized to this end by Picky and/or the third party concerned, the User or Publisher shall not be allowed to modify, reproduce, rent out, borrow, sell, distribute or create derived works based entirely or partially on the elements contained on the App. It is therefore not allowed (and may not authorize other people) to copy, modify or create a derived work, reverse the design or assembly or attempt in any other way to find the source code, sell, grant, sublicense or transfer in any way whatsoever, any right relating to the App and its content. The processing of data
The party responsible for the processing of your personal data is Picky. Any questions concerning registration and the processing of your personal data can be sent by e-mail to: info@picky.recipes.
The processing of personal data is governed by the Privacy Policy available in the App.Competent tribunal
In the event of a dispute, Belgian law shall be applicable and the courts of the legal district of Brussels shall have exclusive jurisdiction