Pigskin Pick 'em Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Pigskin Pick 'em.com ("Pigskin Pick 'em", "we" or "us"). Pigskin Pick 'em provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.pigskinpickem.com/home/tos. In addition, when using particular Pigskin Pick 'em services, you and Pigskin Pick 'em shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

Pigskin Pick 'em provides users with access to an easy to use web-based application for creating and managing private football pools and leagues online and makes available team records, statistics, game scores, message boards and other useful features related to football pools or leagues (the "Service").

Pigskin Pick 'em will make every reasonable effort to allow user access to the Service, but cannot guarantee access at all times. Occurrences such as high site traffic, power or network outage, natural disasters, changes in law, etc. may from time to time prevent access to the Service. Pigskin Pick 'em will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. Pigskin Pick 'em will not accept responsibility for any consequences resulting from disruptions in the Service.

Pigskin Pick 'em has made every reasonable effort to compose the Service to be compatible with the browsers and operating systems now generally in use on the Internet and every reasonable effort to ensure its software is free of defects. Pigskin Pick 'em will not accept responsibility for any consequences resulting from incompatibility between the Service and those of its users.

3. NO UNLAWFUL OR PROHIBITED USE

Pigskin Pick 'em provides the Service for the purposes of private entertainment only. Pigskin Pick 'em does not promote the conduct of unlicensed or illegal gambling and will not condone the use of the Service for any such purpose. Furthermore, you will not use the Service for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices. Any pool or league discovered to be conducting unlawful or illegal activity will be terminated immediately without warning and without any liability on Pigskin Pick 'em's part to the terminated parties.

If your pool or league has an associated fee or cost to join and/or awards prizes, it may be considered illegal gambling in some jurisdictions. It is your responsibility to determine that your pool or league is legal in the jurisdictions of each and every participant. If your pool is not legal for each and every participant, then you may not use Pigskin Pick 'em to host your pool or league. By accepting this agreement, you understand and acknowledge that your pool or league is legal for each and every participant in every jurisdiction from which they participate.

4. PERSONAL AND NON-COMMERCIAL USE

The Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.

5. ACCOUNT, PASSWORD, AND SECURITY

If the Service requires you to create an account or membership, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Pigskin Pick 'em will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.

6. PRIVACY POLICY

Pigskin Pick 'em will never sell, rent, or share any of your personal information including, but not limited to, your name, phone number, e-mail or IP address. Payments are processed at an external site in order to maintain maximum protection of your personal and financial information.

7. OBLIGATIONS AS POOL MANAGER OR MEMBER

Users who create their pools or leagues are solely and exclusively responsible for managing and maintaining them and must resolve any disputes with pool or league members that may arise. If a pool or league offers a prize or prizes, where not illegal nor prohibited by law, it is the sole responsibility of the pool or league manager to ensure the prize or prizes are awarded correctly and in a timely fashion.

Pigskin Pick 'em does not in any way accept any responsibility for errors, omission, negligence or wrongful acts by any pool or league manager or commissioner in the administration of a pool or league, distribution of prizes, or for any other damage, direct or indirect, arising from participation in a pool.

8. MODIFICATIONS TO SERVICE

Pigskin Pick 'em reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pigskin Pick 'em shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. LOCATION OF LAWSUIT

In the event a dispute arises that cannot be solved by amicable negotiation, users and Pigskin Pick 'em agree to place their dispute before the American Arbitration Association, at a location agreeable to both.

10. INDEMNITY

You agree to indemnify and hold Pigskin Pick 'em and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any law or rights of a third party.

11. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. Pigskin Pick 'em and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners expressly disclaim 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.

Pigskin Pick 'em and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners make 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.

12. LIMITATION OF LIABILITY

You expressly understand and agree that Pigskin Pick 'em and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners shall not be liable to you 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 Pigskin Pick 'em has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

13. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.