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Rules & Terms and Conditions

PicksPop.com is the premier pop culture pick’em game that allows Members to challenge, communicate, make friends regarding entertainment events, and compete for prizes. The service is operated by PicksPal, Inc. By using the PicksPop.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a Member ("Member"). If you wish to become a Member, communicate with other Members and make use of the PicksPop.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

GAMBLING PROHIBITION: This Game is strictly for entertainment purposes and may not be used in connection with any form of gambling. Promotion of gambling sites from this site is prohibited.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. We reserve the right to modify or terminate the PicksPop.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. This Agreement includes PicksPop.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and PicksPop.com's Privacy Policy.

Please choose carefully the information you post on PicksPop.com and that you provide to other Members. Your PicksPop.com profile may not include the following items: telephone numbers and street addresses, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other PicksPop.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and PicksPop.com assumes no responsibility or liability for this material.

PicksPop.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline PicksPop.com event, you agree to release and hold PicksPop.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline PicksPop.com event.

Promotion of Prizes. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS AND OTHER U.S. TERRITORIES) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE NOT LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA OR IF YOU ARE LOCATED IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES.

NO PURCHASE NECESSARY TO PLAY OR WIN.

ELIGIBILITY FOR PRIZES.

The Game is open to legal residents of the 50 United States and the District of Columbia (EXCLUDING PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS AND OTHER U.S. TERRITORIES), who are 13 years of age or older as of the date of entry. Registration is free and is further described below. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the PicksPop.com shall not violate any applicable law or regulation. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other Members. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

The following are not eligible for the Game: (i) employees and agents of Presenter or of Company and their respective parent, subsidiary and affiliated companies, and their respective advertising/promotion agencies; and (ii) the "immediate family Members" and/or "household Members" of any of the persons set forth in (i) above. "Immediate family Members" shall mean parents, step-parents, children, step-children, siblings or spouses. "Household Members" shall mean people who share the same residence at least three (3) months a year. The Game is void where prohibited by law. Participation in the Game constitutes Member's full and unconditional agreement to these Official Rules and the Company’s decisions. Winning a prize is contingent upon fulfilling all requirements set forth herein. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of popular global sports to accumulate the most points in this game.

GAME TERM: The Weekly Game begins on Monday mornings at 3am EST and ends at 3am EST the following Monday. Any other Games shall have specific terms described in the Prizes section. For purposes of these Official Rules all times are Eastern Standard Time ("EST").

PICKSPOP REGISTRATION: To access the Game, log-on to the PicksPop.com Home page (www.PicksPop.com). To play the Game, you must be a registered Member of PicksPop.com. Registration is free. If a visitor is not a Member, a visitor may register by clicking on the applicable link on the entry page for the Game and following the instructions. Member will be asked to provide an e-mail address, a nickname, birth date, gender, state of residence, postal code and to select a password. Member will also be asked to consent to receive promotional emails or offers. Consenting to receive promotional emails or offers is optional and does not have to be agreed to in order to become a Member or to win a prize. A Member may return to the Game by logging in to the system with Member's current email address and password. A Member may be asked to answer survey questions or to consent to receive promotional emails or offers from the Company. Answering survey questions or consenting to receive promotional emails is optional and does not have to be agreed to in order to be eligible to enter the Game or to win a prize. To complete his/her entry, Member must click on the "Accept Terms" button.

HOW TO REGISTER:
Register Online. Log on to the PicksPop.com Home page www.PicksPop.com and after filing out the required information click on the "Submit" button.

Limit. FIVE (5) ENTRIES PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), or PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS).

Void. Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) or submission of multiple entries is prohibited. Any attempt by any Member to use an automated system or to obtain more than one (1) entries by using multiple/different email addresses, identities or any other methods, will void all of that Member's entries, and render that person ineligible to receive any of the prizes. Entry materials/data that have been tampered with or altered are void.

Entry Errors. The Company is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.

The Company is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Game including, without limitation (1) interruptions to any network, server, Internet website, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.

No Return of Entries; Disputes. Once submitted, entries become the sole property of Company and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder, i.e., natural person, of the email address used to register will be deemed to be the registrant. Potential winners may be required to show proof of identification. Company may require that the potential winner provide proof that he/she is the authorized account holder of the email address and/or password associated with the winning entry.

GENERAL ITEMS.
General. The objective of the Game is to accumulate the most points by the end of a given Week by correctly selecting the "winning picks" for any or all provided picks in any given week.
PicksPal is a weekly game. Every morning, starting on Monday, each Member receives 1,000 points to play on daily events and for every day of the week (or 7,000 points for the week). Members may play every day, skip a day, play a little or play frequently.
How To. Members may enter selections by following the instructions in the How To section of the PicksPop.com.

All Picks Are Final. Once a Member makes a pick, that pick and the involved points will not change.

Points Are Updated After A Result Is Completed. Points are tallied or scored, and updated rankings are posted when a result becomes final.

Only one pick per game. A player can only place points once on any single event. In other words, if you place 10 points on a particular outcome, you cannot go back and increase/decrease the number of points you placed on that pick - even if that event has not started.

All game and event times are Eastern Standard Time (EST). 
Scoring. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of enterainment to accumulate the most points during the Game Period. A Member accumulates points from his first winning pick. He may make picks on any or all picks, with some or all of his available points.

Odds. PicksPop.com generates its own odds on various events. Once a Member makes a pick on certain odds, that pick is locked in at that value and not changed.

Odds do not change. Odds are generally set the night before or the day of any event.

Lock-Time. Each week the system will "lock" and prevent further entries as of the scheduled start of any event Selections submitted after the deadlines are considered invalid. The Company’s computer is the official time keeping device for this game.

Ties. In the event of two or more Members ending the week or contest with the same amount of highest overall points all such tied Members shall be declared winners and receive equal prizes.

Prizes

Potential Winners

• 1. Verification. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY COMPANY, WHOSE DECISIONS ARE FINAL. COMPANY SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. COMPANY WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID.
• 2. "Prize Notice" via Email or Mail. Winners will be notified via email sent approximately thirty (30) days following the end of the Game Period. Members are responsible for insuring that all mailing and email information is up-to-date and accurate.
• 3. Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner will be selected (i.e., the person with the next most points) if (i) he/she does not comply with these Official Rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Company notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified, then Company shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize (e.g., may choose another alternate potential winner in a manner consistent with these Official Rules or donate the prize to another entity, or not award the prize, at it's sole discretion).
• 4. Conditions of Participation. As a condition of receiving a prize, potential winners will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within ten (10) days of the date stated on the prize notification.
• 5. RELEASE. By participating in this Promotion or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless the Company, and each of their respective related companies, and all of its or their company's officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).
• 6. Publicity. Except where prohibited, participation in this Game constitutes winner's consent to Company and its or their agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
• 7. Regardless of the number of accounts played, up to the limit of five, no Person may win more than one prize per week. For instance, if a Person plays two accounts and both finish as Runners Up in the Top 5 of ranked members for the week he will win only one prize, not two. Or if a Person plays with two accounts and wins the Weekly Contest and a Runner Up position, he will again have his choice of the two prizes, but not both.

Other Items

All plays are the property of People's Choice Picks Service. Any members that either post the premium plays on the Internet, send them to group emails, or attempt to charge others for those picks will have their service stopped immediately with no refund. These persons may also be subject to additional charges.

PicksPop.com will make every effort to send a purchaser the selected pick. We will send the pick via external email to the member’s email account on record and we will ALSO send the pick to that PicksPop member's logged-in account in the form of a message. As stated elsewhere here, all sales are final.

GAME MODIFICATION: Company reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this Game without advance notice for any reason including, without limitation, if (i) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Game; or (ii) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). In such event, the winners will be selected by random drawing from all eligible entries received up to the time of such cancellation, termination or suspension, or in such other fashion as shall be considered equitable in the sole discretion of the Company.

LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Members, printing errors or by any of the equipment, hardware, software or programming associated or used with the Game; (2) technical errors, defects, delays or failures of any kind including, without limitation, malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Game; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Member's participation in the Promotion, access to, copying or downloading materials from PicksPop.com or any other website, or receipt or use of any prize.

UNDER NO CIRCUMSTANCES WILL PICKSPAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PICKSPOP.COM SERVICE, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, WHETHER OR NOT PICKSPAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PICKSPOP.COM SERVICE, FROM INABILITY TO USE THE PICKSPOP.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PICKSPOP.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PICKSPAL BE LIABLE TO YOU FOR ANY AMOUNT.

DISPUTES/CHOICE OF LAW. Except where prohibited, each Member agrees that: (i) all issues and questions concerning these Official Rules shall be governed by California law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Game or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated in San Mateo County, California, and Member hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any Member be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. You are solely responsible for your interactions with other PicksPop.com Members. PicksPop.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

PRIVACY. Personally identifiable information that is submitted by Members as part of this Game will be used to administer the Game, select prize winners and fulfill prizes, and will be treated in accordance with our privacy policy accessible at PicksPop.com.

OFFICIAL RULES; WINNERS LISTS. For a copy of these Official Rules and/or a list of winners, mail a self-addressed stamped envelope to the address below. Such requests must be received by Company within thirty (30) days following the end of the Game (i.e., by February 1, 2006).

PicksPop Official Rules
PicksPal, Inc.
1957 Landings Drive
Mountain View, CA 94043

Term and Termination. These Terms of Service will apply to your use of the PicksPop.com service. You may terminate your membership immediately at any time, for any reason, by sending us a message here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the PicksPop.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices. PicksPop may provide you with notices of new services and features of the PicksPop.com service or these Terms of Service by regular mail, email, or postings to this Web site.

Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of PicksPop.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by PicksPop.com for any illegal or unauthorized use of the Website.

Proprietary rights. By submitting, posting or displaying any Materials on or through the PicksPop.com service, you automatically grant to us a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.

PicksPal, Inc., and its affiliates and licensors own and retain all rights in the PicksPop.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by PicksPop.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of PicksPop.com's proprietary information. "PicksPal" and "PicksPop.com" are trademarks of PicksPal, Inc.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Content Posted and Activities on the Site. You understand and agree that PicksPop.com may review and delete any content, messages, PicksPop.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of PicksPop.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. By posting Content on any public area of PicksPop.com, you automatically grant as well as represent and warrant that you have the right to grant to PicksPop.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to PicksPop.com and that PicksPop.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content and Activities that are illegal or prohibited on the Website. PicksPop.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content and Activities include but are not limited to:

• Content that is patently offensive and promotes racism, gambling, bigotry, hatred or physical harm of any kind against any group or individual;
• Activity that harasses or advocates harassment of another person.
• Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
• Engaging in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service, including sports picks information.
• Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
• Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
• Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
• Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
• Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
• Modifying, adapting, translating, or reverse engineering any portion of the PicksPop.com service.
• Removing any copyright, trademark or other proprietary rights notices contained in or on the PicksPop.com service.
• Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the PicksPop.com service.
• Reformatting or framing any portion of the web pages that are part of the PicksPop.com service.
• Creating user accounts by automated means or under false or fraudulent pretenses.
• Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by PicksPop.com.
• Submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
• Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
• Submitting Materials that are unlawful or promote or encourage illegal activity.

While PicksPop.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the PicksPop.com service at your own risk.

You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. Although PicksPop.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, PicksPop.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PicksPop.com deems appropriate in its sole discretion.

The PicksPop.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the PicksPop.com service for any purpose.

You may not use the PicksPop.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the PicksPop.com service.

We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PicksPop.com to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to PicksPop.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; 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. PicksPop.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, PicksPop.com, 1957 Landings Drive, Mountain View, CA 94043.

Disclaimers. PicksPop.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. PicksPop.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. PicksPop.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. PicksPop.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or Members due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall PicksPop.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and PicksPop.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PicksPop.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Disclaimer of Warranties. PicksPal, Inc., PicksPop.com and any affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the PicksPop.com service. PicksPal disclaims any and all responsibility and liability for the conduct of any Member.

THE PICKSPOP.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PICKSPOP.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PICKSPAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE PICKSPOP.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.

Indemnity. You agree to hold harmless and indemnify PicksPop.com from and against any third party claim arising from or in any way related to your use of the PicksPop.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

U.S. Export Controls. Software from this Website (the Software.) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of San Mateo, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall PicksPal be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and PicksPal 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. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and PicksPop.com regarding the use of the Website and/or the Service. The failure of PicksPop.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

The PicksPal Game and all accompanying materials are copyright © 2007 PicksPal, Inc.