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:

  • You have read, understand and agree to be bound by the terms, conditions, and notices of this Terms of Use Agreement.
  • 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, in violation of any law, regulation, ordinance or court order; in any manner which could damage, disable or overburden the Website; to create, copy or distribute any content that infringes any intellectual property right; to harass or threaten any person; to transmit spam, viruses, or malicious code; to gain unauthorized access to any system; or 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 by Google LLC (Google Play Store) or Apple Inc. (Apple App Store) in which the Application has been downloaded.
  • Company (referred to as "We", "Us" or "Our") refers to OffTerra, LLC, including its officers, directors, owners, employees, contractors and suppliers.
  • Content means any material that appears on the Website or any Application created by the Company.
  • 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 Service.
  • Service refers to the Application and Website.
  • 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.

We respect the intellectual property rights of others. If You are a copyright owner and believe that copyrighted work has been infringed through the Service, You may submit a notification to Our copyright agent at legal@pickleginger.app.

Your Feedback to Us

In order to improve upon the Service and the Application, We welcome Your Feedback which You may provide via the "Contact Us" form on the Website or via app store reviews.

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, distribute, modify and exploit such Feedback without restriction.

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.

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.

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 suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Service.

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 expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service.

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service.

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.

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. By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised terms.

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: OffTerra, LLC, 8409 Lee Hwy, Unit 3141, Merrifield, VA 22116