Terms of Use

Last Updated: May 9, 2022

Please read these Terms of Use carefully before using the Service.

Your Acceptance of the Terms of Use

These Terms of Use are an agreement between You and OffTerra, LLC (the “Company,” “We” or “Us”). These Terms of Use set out the rights and obligations of all users regarding the use of the information, software, products, and services contained in or available through the Website and Application Store. The Website and the Services are offered to You based on Your acceptance without modification of the terms, conditions, and notices contained herein. 

Your access to and use of the Service is also conditioned upon Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your Personal Data when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Service.

By accessing, browsing, or using the Website, You represent and warrant that: 

  1. You have read, understand and agree to be bound by the terms, conditions, and notices of this Terms of Use Agreement, (“this Agreement”).

  2. You have the authority to accept and agree to the terms of this Agreement , and that You will not use the Website, or allow anyone to use it, 

(a) in violation of any law, regulation, ordinance or court order, 

(b) in any manner which could damage, disable, overburden or otherwise impair the ability of the Company to make the Website available to other users or to interfere with the use and enjoyment of the Website by other users, 

(c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third-party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, 

(d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, 

(e) to transmit or otherwise disseminate any spam emails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, 

(f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of the Company or any other users or any third-party, or 

(g) to engage in any conduct that could expose the Company to civil or criminal liability.

Definitions

For the purposes of these Terms of Use the following capitalized words shall have the following meanings:

  • “This Agreement” means this Terms of Use Agreement.

  • “Application” means the software program named “Pickle Ginger Anime Adviser” provided by the Company and downloaded by You on any electronic device. 

  • “Application Store” means the digital distribution service operated and developed by Google LLC (Google Play Store) or Apple Inc. (Apple App Store) in which the Application has been downloaded.

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to OffTerra, LLC. Included in the reference to the Company are its officers, directors, owners, employees, contractors and suppliers.

  • “Content” means any material that appears on the Website or any Application created by the Company.

  • “Country” refers to the United States.

  • “Device” means any device that can access the Service such as a smartphone, a digital tablet or a computer.

  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of the Service.

  • “Service” refers to the Application and Website.

  • "Service Provider" means any person employed or engaged by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used. 

  • “Terms of Use” (also referred as "Terms") mean these Terms of Use coupled with Our Privacy Policy that form the agreement between You and the Company regarding Your use of the Service. 

  • “Website” refers to PickleGinger.App, accessible from https://pickleginger.app.

  • “You” means the individual accessing or using the Service.

Intellectual Property

The Service and its features and functionalities are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and other countries. Our Content, trademarks, such as Pickle Ginger, and trade dress may not be used in connection with any product or service without the prior written consent of the Company.     

You acknowledge and agree that all Content made available to You by the Application and Website is protected by applicable copyright, trademark, privacy and publicity laws and all rights are reserved by Us. You acknowledge and agree that such content is provided solely for Your personal viewing and use on Your Device and is not provided for any other purpose or use. Without limiting the generality of the foregoing, You agree that You will not reproduce, publish, display or make any commercial use of any Content made available to You by the Website and Application without Our prior written consent.

We respect the intellectual property rights of others, it is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  3. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

  4. Your address, telephone number, and email address.

  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact Our copyright agent via email ( legal@pickleginger.app ).  Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Your Feedback to Us

In order to improve upon the Service and the Application, We welcome Your Feedback which You may provide to Us by means of the “Contact Us” form available on the Website or the reviews You may post on an app store’s listing page. 

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.  Furthermore, We shall be free to use, for any purpose, any ideas, concepts, or techniques contained in the Feedback.  

You represent and warrant that: (i) the Feedback is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the Feedback does not contain content that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by Us.  

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. 

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

The Company may terminate or suspend access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your rights to the Service will cease immediately.  If You wish to terminate the Service, You may discontinue using the Website and delete the Application from Your Device.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its officers, directors, owners, employees, contractors and suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You to download the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its officers, directors, owners, employees, contractors and suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any of or its officers, directors, owners, employees, contractors and supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disclaimers

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, be error free or that any errors or defects can or will be corrected, or that the Service, its servers, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service and Application, You agree first to try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union user of the Service, You will benefit from any mandatory provisions of the law of the country in which you reside.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these Terms are held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Use

We reserve the right, in Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must stop using the Website and the Service.

Contact Us

If you have any questions about these Terms of Use, You may contact us:

  • By sending us an email: legal@pickleginger.app

  • By writing to us at:

OffTerra, LLC

8409 Lee Hwy, Unit 3141

Merrifield, VA  22116