Terms of Service
This is a legal agreement between you and GetYourPicksIn.com (the "web site"). Please review the following terms and conditions concerning your use of this web site. By registering as a user of GetYourPicksIn.com, you agree to follow and be bound by these terms and conditions. You agree that you may use materials on the web site as set forth below only upon the condition that you accept all of the terms contained in this user agreement (the "agreement"). Please read the agreement carefully before continuing registration. If you register, you indicate your agreement to the terms set forth below.
Except as otherwise agreed to by GetYourPicksIn.com, the following terms and conditions shall govern your use of the web site.
Your use of GetYourPicksIn.com may not be available or permitted in all jurisdictions and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. The web site shall not be used where, and to any extent, such use is prohibited by law. Your use of GetYourPicksIn.com from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You represent, agree and confirm, that your use of the web site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using GetYourPicksIn.com due to any restriction, including any age restriction.
DESCRIPTION OF SERVICE
GetYourPicksIn.com provides users with a web-based software application for creating and managing NFL pools, and in the future may include other sports including basketball, hockey, and baseball. The use of GetYourPicksIn.com's services is intended for entertainment purposes only. GetYourPicksIn.com does not endorse illegal gambling and the services offered by the web site should not be construed as supporting illegal gambling. GetYourPicksIn.com is neither affiliated with nor endorsed by any professional sports organization. GetYourPicksIn.com is neither responsible nor liable for any telecommunication or internet service costs you incur while using our service.
POOL OWNERSHIP
All pools on GetYourPicksIn.com are considered to be owned by the pool administrator. It is the responsibility of the administrator and pool members to ensure that the pool meets all local, state and federal legal requirements. If the pool has a prize, it is the sole responsibility of the individual pool administrator to award that prize. GetYourPicksIn.com is neither responsible nor liable, in any way, shape or form, for awarding pool prizes. GetYourPicksIn.com is neither responsible nor liable for ensuring the legality of a pool.
ENTRY AT YOUR OWN RISK
By entering GetYourPicksIn.com you acknowledge and agree that your use is at your own risk and that the web site, its owners or any of the parties involved in creating, producing or delivering web site content are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other liabilities, risks, losses, costs or expenses of any kind (including legal fees, expert fees or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liabilities or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of GetYourPicksIn.com or in connection with any content, information, data, promotions and activities, associated with GetYourPicksIn.com, or in connection with your downloading of any materials, text, data, images, video or audio from GetYourPicksIn.com, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS
Although the specifications, features, illustrations, equipment and other information contained on GetYourPicksIn.com are based upon reasonably current information, and while GetYourPicksIn.com makes reasonable efforts to ensure that the material on the web site is correct, accuracy cannot be guaranteed and GetYourPicksIn.com makes no warranties or representations as to its accuracy. All contents, information and materials contained on the web site are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantibility, fitness for a particular purpose, title and non-infringement.
GetYourPicksIn.com relies upon others to provide some of the information that is included on the web site without any direct or independent authentication, verification, assessment and validation by GetYourPicksIn.com whatsoever. All users of GetYourPicksIn.com shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on the web site. The information included on GetYourPicksIn.com does not constitute, and shall not be considered, the advice, recommendation, or endorsement of GetYourPicksIn.com.
The information and contents of GetYourPicksIn.com are provided on an "as is" basis only, and are for consumer private and non-commercial end-use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, authenticity, validity or non-infringement, are completely denied and disclaimed, except to the extent that such disclaimers are held to be legally invalid by a court of competent jurisdiction. Except as otherwise expressly agreed, GetYourPicksIn.com makes no representations, warranties, covenants or guaranties as to the quality, authenticity, validity, suitability, truth, accuracy or completeness of any of the information and contents of GetYourPicksIn.com.
COPYRIGHTS BELONG TO GETYOURPICKSIN.COM
GetYourPicksIn.com is the registered copyright owner of the GetYourPicksIn.com web site and no portion of the web site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without GetYourPicksIn.com's prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the web site for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the web site in any other manner whatsoever and for any other purpose violates GetYourPicksIn.com's legal rights.
THE GETYOURPICKSIN.COM NAME, LOGOS, TRADEMARKS BELONG TO GETYOURPICKSIN.COM
By visiting GetYourPicksIn.com you acknowledge and agree that any name, logo, trademark or servicemark contained on the web site is owned or licensed by GetYourPicksIn.com and may not be used by you without prior written approval. GetYourPicksIn.com will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of the web site may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
NO CONFIDENTIALITY, USE OF INFORMATION
The internet is not a secure medium, and neither the privacy of your communications, nor visits to GetYourPicksIn.com, can be guaranteed. The nature of internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. GetYourPicksIn.com may include incomplete information, inaccuracies or typographical errors. GetYourPicksIn.com, and any other persons involved in the management of the web site, may make changes in the information and content included on GetYourPicksIn.com at any time without notice. GetYourPicksIn.com shall not be responsible for any detrimental reliance you may place on the web site or its contents. Use of GetYourPicksIn.com is on an "as is" basis and is strictly and entirely at your own risk. By using GetYourPicksIn.com you acknowledge and agree that any communication or material you transmit to the web site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the web site may be used by GetYourPicksIn.com anywhere, anytime and for any reason whatsoever.
UNLAWFUL BEHAVIOUR
Do not use GetYourPicksIn.com to communicate to others, to post on the web site, or otherwise transmit to GetYourPicksIn.com, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding that GetYourPicksIn.com or other parties are involved in creating, producing or delivering the web site, GetYourPicksIn.com shall have the right to monitor or review all communications, materials, transmissions, postings, discussions and chats. GetYourPicksIn.com and all parties involved in creating, producing or delivering the web site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters.
If GetYourPicksIn.com contains bulletin boards or any other message or communication facilities whatsoever (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:
a) commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
d) infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
f) delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
g) falsify the origin or source of software, information or other material contained in a file that is uploaded;
h) advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and,
i) download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by GetYourPicksIn.com, and such communications shall not be considered reviewed, screened, or approved by GetYourPicksIn.com. GetYourPicksIn.com reserves the right for any reason to remove at any time without notice any of the contents of the Forums received from users, including without limitation bulletin board postings. GetYourPicksIn.com reserves the right to deny, in its sole and absolute discretion, any user access to the web site or any portion thereof without notice.
HYPERLINKS
Although GetYourPicksIn.com may be linked to from other web sites, GetYourPicksIn.com is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By visiting GetYourPicksIn.com you acknowledge and agree that GetYourPicksIn.com has not reviewed all sites linked to GetYourPicksIn.com and is not responsible for the content of any off-site pages or any other site linked to GetYourPicksIn.com. Your linking to any other off-site pages or other sites is at your own discretion and risk.
SUBMISSIONS
Except where expressly provided otherwise by GetYourPicksIn.com, all comments, feedback, information or materials submitted to the web site through or in association with this web site ("Submissions") shall be considered non-confidential and GetYourPicksIn.com's property. By providing such Submissions to GetYourPicksIn.com, you agree to assign to GetYourPicksIn.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not GetYourPicksIn.com, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
APPLICABLE LAW
By visiting GetYourPicksIn.com you acknowledge and agree that the web site will be construed and evaluated according to the laws of the State of North Carolina, USA. You hereby agree and confirm that your use of GetYourPicksIn.com and all of the communications, transmissions and transactions associated with the web site shall have occurred in the State of North Carolina, USA and that you submit to the exclusive jurisdiction of the courts of the State of North Carolina as the proper and most convenient forum concerning the GetYourPicksIn.com web site. If you use the GetYourPicksIn.com web site from another jurisdiction, you are responsible for compliance with any and all applicable local laws. GetYourPicksIn.com makes no representation that the materials contained within the GetYourPicksIn.com web site are appropriate for customers outside of the State of North Carolina, USA.
CONTACT INFORMATION
If you have any questions about this Agreement, or if you would like to cancel your subscription or change your personal information, please contact GetYourPicksIn.com by emailing moc/g@hsim/pruoyte/kci/is/oc.n/m.