Terms of Service
Last Updated: 04/01/08

1. ACCEPTANCE OF TERMS
NFLPicks.org (hereafter referred to as the/this website) provides the NFL Picks Member's Area as a free basic service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice. There may be additional features that require a payment method to be successfully processed to access.
You can review the current version of the TOS at http://www.nflpicks.org/legal/tos.php
In order to comply with the COPPA ruling in the US, if you are younger than 13 years of age (whether you reside in the US or not), you are forbidden from becoming a member of the NFL Picks Member's Area (including, but not limited to, the forums) on this website. The COPPA ruling states that if you are younger than 13 years of age you can join with direct parental consent. Since we can not verify beyond a shadow of a doubt that your parent is granting permission for you to join if you are under 13, this website will not allow you to join. This website reserves the right to allow someone under the age of 13 if the administrator deems it acceptable in writing with a proof of signature by one parent and verbal acceptance with the administrator, but does not have to execute that right. Failure to enter the correct date of birth could be subject to dismissal from the area.

2. DESCRIPTION OF SERVICE
The NFL Picks Member's Area is a web-based service that allows its users to start discussions, reply to current discussions, submit picks, submit web content, and other functions for the NFL Picks team and forum members (hereafter known as "the service"). This content may reside on this website or any other website that is affilated with this website.
Additional Services include, but are not limited to, free downloads at this website.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or this website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, this website has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). This website is concerned about the safety and privacy of all its users, particularly children. If you have any privacy concerns, please contact us.

4. THIS WEBSITE'S PRIVACY POLICY
Registration Data and other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.nflpicks.org/legal/privacy.php. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will have a password and account designation (username) upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
This website cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. MEMBER CONDUCT
You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not this website, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. This website does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will this website be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, NFLPicks.org official or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. intentionally or unintentionally violate any applicable local, state, national or international law;
10. stalk or otherwise harass another;
11. collect or store personal data about other users for business purposes;
12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenages and other weapons or incediary devices;
13. Use this website as a forwarding service to another website;
14. Engage in commercial activities within this website or on behalf of this website without prior apprvoal from this website's owner.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
This website does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant this website the world-wide, royalty free and non-exclusive license(s), as applicable.

9. INDEMNITY
You agree to indemnify this website, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, volunteers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that this website may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded/entered Content will be retained by the Service. You further acknowledge that this website reserves the right to modify these general practices and limits from time to time as well as discontinue and/or modify temporarily or permanently the service with or without notice.

11. TERMINATION

You agree that this website may, under certain circumstances and without prior notice, immediately terminate your account, any associated nflpicks.org email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, (g) you have not logged into the account in over 365 calendar days and/or (h) you file litigation against the website and/or any of its representatives regarding a website or non-website related issue. Further, you agree that all terminations for cause shall be made in this website's sole discretion and that this website shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. Additionally, you grant us permission to keep your information may be stored on the server for statistical purposes if you were a team member after termination.

12. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because this website has no control over such sites and resources, you acknowledge and agree that this website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that this website 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THIS WEBSITE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

14. VIOLATIONS
Please report any violations of the TOS to our Support Team via our contact center.

15. GOVERNED BY
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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