1. Acceptance of Terms

Picktastic provides a collection of online resources, casual user sports picks, and various other services, (referred to hereafter as "the Service"), available at the URL Picktastic.com (the "Site"), that are subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Picktastic services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to contact@Picktastic.com.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Picktastic in any way, your only recourse is to immediately discontinue use of Picktastic. Picktastic will not be held be liable for any loss or damage for non-compliance.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: http://www.Picktastic.com/legal/terms.aspx. Any continued use of the Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person or organization from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You also understand that Picktastic does not control and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, the Picktastic Site and Content made available through the Service may contain links to other websites that are completely independent of Picktastic. Picktastic makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such websites. Under no circumstances will Picktastic be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Service.

You understand and agree that any uploading, posting, and linking to any other websites will be at your sole risk and Picktastic shall not be responsible to you in any way. Further, Picktastic does not provide any warranty as to your use of third-party content or software that you obtain from the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Picktastic be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You are also fully responsible for any Content you post on the Service and to the consequences of any such Content. Although Picktastic does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Picktastic an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Picktastic does not pre-screen or approve Content, but that Picktastic shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.

3. Third Party Content, Sites, and Services

The Picktastic site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Picktastic, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Picktastic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Picktastic is not responsible for any damage or loss incurred as a result of any such dealings. Picktastic is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Picktastic, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

4. Ownership

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Picktastic and its licensors. Picktastic logos, icons and other marks identifying Picktastic services or products are trademarks of Picktastic and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Picktastic's express written authorization. All rights not expressly granted in these Terms are reserved to Picktastic.

Picktastic respects the intellectual property rights of others and expects users of the Service to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at contact@Picktastic.com. Filing a notice of infringement with Picktastic requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.

5. Privacy and Information Disclosure

Picktastic has a Privacy Policy that explains to users how their information is protected, collected and used. A copy of the current version of our Privacy Policy can be found at http://www.Picktastic.com/legacl/privacy.aspx. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge that Picktastic may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harrassment or any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Picktastic, its users or the general public.

6. User Conduct

You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.

You agree not to post, email, or otherwise make available Content that:

• is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, invasive of another's privacy, harmful to minors in any way or otherwise objectionable;
• is pornographic, sexually explicit or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation;
• impersonates any person or entity, including, but not limited to, a Picktastic employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
• collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Picktastic’s prior consent;
• contains personally identifiable information about another person without that person's explicit consent;
• Contains material originally posted by another user that is reposted without permission or attribution;
• Has misleading email addresses or other manipulated identifiers to disguise its origin;
• is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
• transmits, posts, or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• transmits, posts, constitutes or contains "affiliate marketing," "link referral code,” "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized advertising and unsolicited commercial advertisement;
• constitutes or contains any form of advertising or solicitation if: posted in areas of the Picktastic sites which are not designated for such purposes; or emailed to Picktastic users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
• includes links to commercial services or web sites, except as allowed in "services";
• advertises any illegal service or the sale of any items prohibited or restricted by any applicable law
• transmits, posts, or contains any software viruses or any other computer code, files or programs designed to disrupt, destroy or limit any functionality of any computer software or hardware or telecommunications equipment;
• disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service
• is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Picktastic’s infrastructure.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harrass anyone;
• delete or revise any material posted by any other user;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
• attempt to gain unauthorized access to Picktastic's computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Picktastic website; or
• use any form of automated device or computer program that enables the submission of postings on Picktastic without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

7. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Picktastic email addresses or through Picktastic computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Washington. Any unauthorized use of Picktastic computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. Limitation and Termination of Service

You acknowledge that Picktastic may establish limits concerning use of the Service. You agree that Picktastic has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Picktastic reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Picktastic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Picktastic in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Picktastic believes that you have acted inconsistently with these Terms. Further, you agree that Picktastic shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination. Sections 1, 3, 5 and 8-12 shall survive termination of these Terms.

9. Disclaimer of Warranties

YOU AGREE THAT USE OF THE PICKTASTIC SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PICKTASTIC SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PICKTASTIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PICKTASTIC SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PICKTASTIC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PICKTASTIC SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PICKTASTIC SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PICKTASTIC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PICKTASTIC SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. Limitations of Liability

IN NO EVENT SHALL PICKTASTIC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PICKTASTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USE OF THE PICKTASTIC SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PICKTASTIC SITE OR THE SERVICE, FROM INABILITY TO USE THE PICKTASTIC SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PICKTASTIC SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PICKTASTIC SITE OR THE SERVICE OR ANY LINKS ON THE PICKTASTIC SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PICKTASTIC SITE OR THE SERVICE OR ANY LINKS ON THE PICKTASTIC SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

11. Indemnity

You agree to indemnify and hold Picktastic, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

12. General Information

The Terms constitute the entire agreement between you and Picktastic and govern your use of the Service, superseding any prior agreements between you and Picktastic. The Terms and the relationship between you and Picktastic shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Picktastic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King County, Washington. The failure of Picktastic to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Questions or Comments

If you have any questions or comments regarding Picktastic's terms of use or its enforcement, please contact us at contact@Picktastic.com.