Terms & Conditions for The NFL Picks Page (www.nflpickspage.com)
1. ACCEPTANCE OF TERMS
The B-Man welcomes you to The NFL Picks Page ("TNPP"), which is a service owned and operated by BMAN.COM. TNPP is provided to you subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.nflpickspage.com/terms.php.
2. DESCRIPTION OF SERVICE
TNPP provides users with a free, easy to use, and feature-rich online site for participating in and hosting NFL pickem games and pools.
TNPP provides team statistics and matchups, game scores, expert analysis, message boards and other useful information pertaining to the NFL.
TNPP will make every reasonable effort to provide access on demand to players and poolmasters. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to TNPP from all or part of the World Wide Web. TNPP will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. TNPP will not accept responsibility for any consequences resulting from disruptions in service.
TNPP has made every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and every reasonable effort to ensure these programs are free of defects. TNPP will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any players, poolmasters or users.
3. AMUSEMENT ONLY
TNPP provides its services for the purposes of private amusement and entertainment only. TNPP does not promote the conduct of unlicensed, illegal or professional gambling, and will not condone the use of its facilities for any such purpose. Any pool discovered to be conducting unlicensed, illegal or professional gambling may be disconnected at once without warning, and without any liability on TNPP's part to the parties disconnected.
If your pool costs money to join and awards prizes, it may be considered illegal gambling in some jurisdictions. It is your responsibility to determine that your pool is legal in the jurisdictions of every participant. If your pool is not legal for every participant, then you may not use TNPP to host your pool. BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEGE THAT YOUR POOL IS LEGAL FOR EVERY PARTICIPANT IN EVERY JURISDICTION THEY PARTICIPATE FROM.
4. LICENSE TO USE SOFTWARE
Players and poolmasters have a limited license to access and use the software that comprises the pools for which they have registered. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the TNPP service functions. No rights of any kind in any of TNPP's software, programs or other property shall accrue to any user, player or poolmaster.
5. YOUR REGISTRATION OBLIGATIONS
To register on TNPP you need to enter an email address, username and password, and you need to agree to this Terms Of Service. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TNPP registration form ("Registration Data") and (b) maintain and promptly update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TNPP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TNPP has the right to suspend or terminate your account and refuse any and all current or future use of TNPP (or any portion thereof).
Since we use your email address to look up your account information and to send you password reminders and other information about the site, you must use a valid email address when registering. You can verify and edit your email address at any time using the Edit My Info page after logging in.
7. USERNAME, PASSWORD AND SECURITY
You will create a username and password when registering with TNPP. The username you pick will be unique to the website and no other player will have the same username. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and brokerage accounts. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify TNPP of any unauthorized use of your username or any other breach of security, and (b) ensure that you log off from your account at the end of each session. TNPP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TNPP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via TNPP. TNPP does not control the user Content posted via TNPP and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using TNPP, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TNPP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 TNPP.
You agree to not use TNPP to:
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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, The B-Man, a poolmaster, or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through TNPP;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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;
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;
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;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of TNPP are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt TNPP or servers or networks connected to TNPP, or disobey any requirements, procedures, policies or regulations of networks connected to TNPP, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that TNPP may or may not pre-screen Content, but that TNPP and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via TNPP. Without limiting the foregoing, TNPP and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TNPP or submitted to TNPP, including without limitation information in TNPP Bulletin Boards and in all other parts of TNPP.
You acknowledge, consent and agree that TNPP may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of TNPP, its users and the public.
You may terminate your TNPP account, any associated email address and access to TNPP by submitting such termination request to TNPP.
You agree that TNPP may, without prior notice, immediately terminate, limit your access to or suspend your TNPP account, any associated email address, and access to TNPP. Cause for such termination, limitation of access or suspension 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) discontinuance or material modification to TNPP (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with TNPP. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TNPP's sole discretion and that TNPP shall not be liable to you or any third party for any termination of your account, any associated email address, or access to TNPP.
Termination of your TNPP account includes any or all of the following: (a) removal of access to all or part of the offerings within TNPP, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of TNPP.
Poolmasters are solely and exclusively responsible for the administration and conduct of their respective pools. TNPP will not accept any responsibility for errors, omission, negligence or wrongful acts by any poolmaster in the administration of pools or for any other damages, direct or consequential, arising from participation in a pool.
11. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Last updated on August 18, 2012.