Picket Fence Terms of Service

Terms of Service

Welcome to Picket Fence! This agreement describes your rights and responsibilities in your use of Picket Fence’s website both as a visitor and as a registered member, and what you can expect from us. By accessing Picket Fence website you are agreeing to these terms, so please take a moment to read this legally binding agreement.

Eligibility.
Each person can only have one account per residence, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your account. You must use your real name, not a pseudonym.

You need to be 50 years or older to access and use Picket Fence. Convicted sex offenders, including registered sex offenders, and their households are not eligible to participate on Picket Fence. Additionally we may deny other account registrations we think would harm a Picket Fence neighborhood, community or member.

Address Verification.
Users must provide accurate address and city information. Providing false information at the time of registration violates our terms of service.

Community organizational accounts.
Picket Fence may provide community organizations such as city libraries or police or fire departments accounts to post to their relevant neighborhoods.

Picket Fence may provide similar accounts to local businesses, nonprofits and other organizations that may provide relevant services and host events for our community.

Preferences.
By default, we subscribe you to messages only for your and your surrounding neighborhoods for now.

Privacy and Data.
Picket Fence will not turn over your personal information to third party marketers without your express consent. Please read our privacy policy for more detailed information on how we handle member and user data.

Content.
You retain all ownership rights to the text, photos and any other content you submit to Picket Fence. You give us permission, in the form of a nonexclusive worldwide license, to use, copy, and publish your Content as described in our privacy policy. Please review the privacy policy for more detail.

For some Content (for example, Event listings), Picket Fence may set the publication level at “public”, which makes some aspects of that item (for example, the Event date, time, location and description) visible to non-members outside Picket Fence.

Please do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing or illegal. Please review our Community Guidelines if you have questions about what Content is or is not appropriate.

Copyright.
If you believe Content on Picket Fence infringes your copyright, you can reach us at support@joinpicketfence.com. If you are in the US, your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

Neighborhood Guidelines.
At Picket Fence we believe that strong communities are the foundation of our product. We have put together Community Guidelines that outline appropriate use of Picket Fence.

We can suspend, delete or deactivate your account or other privileges, or refuse service to you, if you violate this agreement or our community and other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms a Picket Fence community or neighborhood.

Interacting with Other Neighbors.
As a Picket Fence member you are responsible for your Content and actions, and for making your own decisions about whether and how to interact or work with neighbors you meet through Picket Fence. Picket Fence does not interview, run background checks on, monitor, supervise, or control Picket Fence members. As a Picket Fence member you and your neighbor, rather than Picket Fence, are responsible for complying with the laws, such as tax or employment laws, applicable to transactions between you. We are not a party to transactions or disputes between neighbors.

Picket Fence Events.
Through the Picket Fence site we provide tools that enable our users to arrange physical meetings at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these events and are not involved in any way with the actions of any individuals at these events. As a result, we have no control over the identity or actions of the individuals who are present at these events and we request that our users exercise caution and good judgment when attending these events.

Release.
Because we do not supervise or control the events or interactions among or between members of events and other persons or companies, and because we are not involved in any way with physical transportation to or from Picket Fence events or with the actions of any individuals at events, and because we do not control Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Picket Fence users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Picket Fence website you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or events and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Picket Fence event. You further waive any and all rights and benefits otherwise conferred by any statutory or nonstatutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

Please read our Community Guidelines that outline our expectations regarding appropriate use of Picket Fence.

Liability Limits.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH PICKET FENCE, INCLUDING THE PICKET FENCE SERVICE, OUR SOFTWARE, YOUR USE OF PICKET FENCE OR ANY PICKET FENCE SERVICE, OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

Governing Law; Dispute Resolution.
This agreement is governed by California law as it applies to agreements entered into and to be performed entirely within California between California residents. If you are a United States resident, to the extent any claim or dispute regarding Picket Fence isn’t arbitrable (or eligible for small claims court), or if you reside outside of the United States: you and Picket Fence both agree that any claim or dispute regarding Picket Fence will be resolved exclusively by a federal or state court located in California, and we each agree and submit to the exclusive personal jurisdiction of those courts for litigating such claims or disputes.

Integration.
This agreement includes the third-party terms and disclosures and our privacy policy (each of which is hereby incorporated into and made part of this agreement) and constitutes the entire agreement and supersedes any other agreements or understandings (oral or written), between you and us with respect to their subject matters. Some Picket Fence account types (such as agency or organization accounts), special features, or members (such as U.S. residents covered by the U.S.-specific dispute resolution terms) may be covered by additional terms; to the extent that any of these additional terms apply to you (because, for example, you have an agency or organization account, or use special features, or reside in the U.S.), they are incorporated herein and made part of this agreement. We can amend this agreement, any additional terms, or the privacy policy by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your neighborhood’s news feed). If you disagree with the new terms, you should stop using Picket Fence and delete your account.

No Warranty.
PICKET FENCE AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, you can opt not to use Picket Fence or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

Member Disputes.
If you have a dispute with a Picket Fence member, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

General.
This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

Last updated: September 18th, 2016