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Terms and conditions
Tipster Picks
Welcome to TipsterPicks.com!
The following terms and conditions apply to your use of this Website, including access to the Services and Content available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content or using the Services. By using the Website, the Services, or the Content, you are consenting to the terms and conditions in this agreement. Your use of the Website, the Content, and the Services is also subject to all applicable laws and regulations. If you do not agree to any of the terms of service in this agreement, you are prohibited from using the Website, the Services, or the Content. You also agree that our Privacy Policy governs your use of the Website, the Content and the Services, which is available through a link on our homepage as well as most of the other pages on the Website.
We hope you enjoy TipsterPicks.com!
1. GENERAL
The information on TipsterPicks.com is for your enjoyment and entertainment purposes only. We are not liable for any losses that incurred as a result of the information purchased through this website. This is not a real betting site. This information is not intended to violate any local, state, federal or country laws. Any tipster's past performance does not guarantee future results. Any reliance on such information and recommendations is at the sole discretion and risk of the website's viewer. Once leaving our site, you are responsible for your actions on other sites that may link from this site. We do not control the content or services of other websites and do not encourage any participation in services offered by other websites. Please review the laws in your state and country. You are sole responsible for your actions and use of information from this site and for your actions once you leave this site.
2. REVISIONS TO THE TERMS AND CONDITIONS
We may update the Terms and Conditions from time to time without notice to you. We suggest that from time to time you review the Terms and Conditions for changes. In addition, when using any Services or accessing any Content, you will be subject to any other posted guidelines or rules applicable to particular Services or Content. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
3. SERVICES AND CONTENT
TipsterPicks.com currently provides users with various features and services, including Contests, statistical review, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of TipsterPicks.com without advance notice. In addition, TipsterPicks.com provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with TipsterPicks.com.
The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. You are hereby granted a license, not a transfer of title, to download certain Content and Services available on the Website to a single personal computing device for your personal use and entertainment. You may not distribute, modify, copy, republish, attempt to decompile or reverse engineer any software contained, remove any copyright or other proprietary notations or publicly display any of the Content or Services without the prior written permission of TipsterPicks.com, which permission may be withheld at TipsterPicks.com's sole discretion. The license granted shall automatically terminate if you violate any of these restrictions and may be terminated by TipsterPicks.com at any time without notice. On terminating your viewing of these materials or on the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
5. BACKGROUND INFORMATION
In order to use the Services, you may be required to register with TipsterPicks.com by providing certain information about yourself, including your name, address, and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TipsterPicks.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, TipsterPicks.com has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.
6. ACCESS BY MINORS
You must be an adult in order to access our site. The adult age differ from country to country. In general you must be at least (18 years) or (21 years) old to register and claim prizes at TipsterPicks.com. If you are under the age at which you are legally an adult, you are not allowed to use the Website or the Services or to access the Content. You must provide correct and accurate information concerning your age in order to use our Website or the Services or to access the Content, subject of course, to all applicable laws.
7. PRIVACY POLICY
All information about you will be collected, used, and disclosed in accordance with our Privacy Policy and all applicable laws. TipsterPicks.com reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect the user's preferences.
You acknowledge that:
(a) The Internet is a network of computers worldwide, and that any personal information submitted by you to TipsterPicks.com necessarily is routed via third party computers to TipsterPicks.com,
(b) TipsterPicks.com is not responsible for lapses in online security and does not assume liability for improper use of your personal information by a third party.
8. MEMBER PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your chosen password, and you are fully responsible for all activities that occur under your password. TipsterPicks.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section. TipsterPicks.com has the right to terminate your username or password at anytime without notice, if it is determined that you have violated any terms of our TOS. Reasons for termination may include (but not limited to) attempting or initiating a posting our content on public forums and/or in emails, sharing your username or password with others.
9. MEMBER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content, you will not:
(a) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm or attempt to harm minors in any way;
(c) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email or otherwise transmit any content that you do not have the right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
(f) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(g) Upload, post, email, or otherwise transmit any messages which state personal information such as, but without limitation to, phone numbers, social security numbers, any personal identification number, account numbers, addresses, or employer references.
(h) Upload, post, email or otherwise transmit 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;
(i) Interfere with, or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services or the Content;
(j) Intentionally or unintentionally violate any applicable local, state, national or international laws.
10. USER MESSAGES
(a) With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post, or upload to the Website and/or in connection with any of the Services you are granting TipsterPicks.com a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such "message" for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, TipsterPicks.com may solicit "messages" from users. Your provision of any such "messages" in response to a solicitation by TipsterPicks.com shall also grant of a license to TipsterPicks.com as specified above.
(b) When any user posts any "message" to the Website or any of the Services, TipsterPicks.com shall have the right, but not the obligation, to review, edit or delete any "message" for any reason, at TipsterPicks.com's sole discretion. It is TipsterPicks.com's policy to fully cooperate with law enforcement authorities and court orders which request or require TipsterPicks.com to disclose personal information or the postings of anyone posting "messages" to the Website or any of the Services. Although TipsterPicks.com may monitor and/or review "messages" from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any "messages" including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
(c) You acknowledge and agree that TipsterPicks.com may preserve "messages" and may also disclose "messages" for any reason, including if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(I) Comply with legal process;
(II) Enforce these Terms and Conditions;
(III) Respond to claims that any "message" violates the rights of third-parties; or
(IV) Protect the rights, property, or personal safety of TipsterPicks.com, its users and the public. You understand that the technical processing and transmission of the Services, including "messages", may involve
(IV.1) Transmissions over various networks; and
(IV.2) Changes to conform and adapt to technical requirements of connecting networks or devices.
11. VOTING
TipsterPicks.com may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by these Terms and Conditions and any and all voting guidelines posted on the Website.
12. INDEMNITY
You agree to indemnify, defend and hold harmless TipsterPicks.com, the directors, shareholders, owners, other officials, partners, partnerships, principals, employees, affiliates, and other related entities, servants, agents, representatives, successors, and assigns from and against any claim or demand, including reasonable legal fees (on a solicitor and his client basis), arising out of "messages" you post to, submit, or transmit through the Website or the Services, your use of the Website or the Services or access to the Content, your connection to the Website or the Services, your violation of these Terms and Conditions, or your violation of any rights of another.
13. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
At any time and from time to time TipsterPicks.com reserves the right to modify or discontinue, temporarily or permanently, the Website, the Content, or Services (or any part thereof) with or without notice.
14. TERMINATION
You agree that TipsterPicks.com, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any "message" within the Services, for any reason, including, without limitation, for lack of use or if TipsterPicks.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. TipsterPicks.com may also in its sole discretion and at any time discontinue providing the Website or the Services or the Content, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that TipsterPicks.com may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or prevent any further access to such files or the Services.
15. ADVERTISERS AND VENDORS
Your correspondence or dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that TipsterPicks.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. All of your dealings with vendors and advertisers appearing on the Website or in connection with the Services shall be at your sole risk.
16. LINKING
The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. TipsterPicks.com has not reviewed all of the sites linked to TipsterPicks.com and is not responsible for the contents of any such linked site. Since TipsterPicks.com has no control over such sites and resources, you acknowledge and agree that TipsterPicks.com 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 TipsterPicks.com 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. Use of any such linked site is expressly agreed to be at the user's own risk. No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to the http://www.tipsterpicks.com, the Website home page. "Deep linking" to internal pages of the Website is expressly prohibited.
17. PROPRIETARY RIGHTS
Services and Content are the property of TipsterPicks.com and are licensed to TipsterPicks.com and may not be reproduced without the prior written consent of TipsterPicks.com. You further acknowledge and agree that:
(a) Any necessary software used in connection with the Website, the Services, the
Content, and the Software (source code) contains proprietary and confidential information that is protected by applicable intellectual property and other laws
and are either owned by or licensed to TipsterPicks.com; and
(b) Content contained in sponsor advertisements or information presented to you through
the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TipsterPicks.com or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website, Services, Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by TipsterPicks.com for use in accessing the Services.
18. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the Website, the Services and the Content is at your sole risk. The Website, the Services and the Content are provided on an "as is" and "as available" basis. TipsterPicks.com 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.
(b) TipsterPicks.com makes no warranty that:
(I) The Website, Services or the Content will meet your requirements,
(II) The Website, the Services or the Content will be uninterrupted, timely, secure, or error-free,
(III) The results that may be obtained from your use of the website, the services or the content will be accurate or reliable,
(IV) The quality of any products, services, information, or other material purchased or obtained by you through the Website, the Services or the Content will meet your expectations, and
(V) Any errors in the software operating on the website will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Website, Services or the Content 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.
(d) No advice or information, whether oral or written, obtained by you from the Website or through or from the Services or the Content shall create any warranty not expressly stated in these terms and conditions.
19. LIMITATION OF LIABILITY
You expressly understand and agree that TipsterPicks.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if TipsterPicks.com has been advised of the possibility of such damages), resulting from:
(a) The use or the inability to use the website, the services, or the content;
(b) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered: into, through or from the Website, the Services, or the Content;
(c) Unauthorized access to, or alteration of, your transmissions or data;
(d) Statements or conduct of any third party on the Website, the Services, or in the Content;
(e) Any other matter relating to the Website, the Services, or the Content. By entering any contest or promotion offered by TipsterPicks.com, you agree to release TipsterPicks.com, its parents, affiliates, subsidiaries, advertising agencies and promotion agencies from any and all liability claims or actions of any kind whatsoever for injuries, damages, or losses to person and property which may be sustained in connection with the receipt, ownership, or use of the prize, or while preparing for, participating in, and/or traveling to any prize-related activity.
20. NOTICE
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Services.
21. ELIGIBILITY FOR PRIZES
To be eligible to receive prizes from any and all contests or promotions offered by TipsterPicks.com, the entrant must be an adult with a valid internet e-mail address. Any and all contests and promotions offered by TipsterPicks.com are void in all territories and/or countries where such contests are prohibited by law. Eligibility, age, and all claims made by winners are subject to verification. TipsterPicks.com is not responsible for fraudulent e-mails or mails sent to entrants by someone other than TipsterPicks.com
22. PUBLICITY
Except where prohibited by law, by accepting prizes offered through any an all promotions offered by TipsterPicks.com, winners consent to the use of their names, voice, photographs, biographical information and likenesses for advertising, trade and promotional purposes in any media or manner, now known or hereafter devised, without geographical restriction and without additional compensation, consideration, notice or approval. Prize winners may be required, in TipsterPicks.com's sole discretion, to complete, sign, have notarized and return an affidavit of eligibility prize acceptance and liability & publicity release form, except where prohibited by law, within three business days of winner's receipt of same. If a selected potential winner fails to comply with official rules and/or submit required documentation within the designated period, the prize will be forfeited and an alternate winner may be selected at TipsterPicks.com's sole discretion.
23. GENERAL PROVISIONS
These Terms and Conditions constitute the entire agreement between you and TipsterPicks.com and govern your use of the Website, the Services, and access to the Content, superseding any prior agreements between you and TipsterPicks.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of TipsterPicks.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to TipsterPicks.com and that a remedy at law may be inadequate. Therefore, in addition to any and all other legal or equitable remedies, TipsterPicks.com will be entitled to injunctive relief for any breach of these Terms and Conditions. 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 Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
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