Terms Of Service
Welcome to WalterPicks LLC Terms of Service for our website (“Site”) and our mobile application (“App”). The following are terms of a legal agreement between WalterPicks LLC, a Delaware Corporation, henceforth “WalterPicks” and you.
By clicking agree or by accessing our Site or App you acknowledge that you have read, understood and agree to be bound by the terms which follow and to comply with all applicable laws and regulations.
Please read this Terms of Service carefully before you start to use the application. If you do not agree to these terms, do not use this application. It may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this application may be technically inaccurate or have errors. Be aware that WalterPicks may, in its sole discretion and without notice, revise these terms at any time. Users of our app and our site must be 18 or above. If you are under the age of 18 please stop using our Site and Service immediately. By using our Website or App, you represent and warrant that you meet all of the foregoing eligibility requirements.
You must treat your user name and password and any other login information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Third Party Links
You agree to defend, indemnify and hold harmless WalterPicks LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the App, Website and/or Services;
- your violation of any term of these Terms of Service;
- Any claim related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Your account, including without limitation by Customer Data; or
- any claim related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data;
Indemnified Claims include, without limitation, claims arising out of or related to WalterPicks’ negligence.
This defense and indemnification obligation will survive this Agreement and your use of theWalterPicks App, Website, or Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Representation and Warranties
You represent and warrants that: (a) You have the full right and authority to enter into, execute, and perform its obligations under this Agreement; (b) You have accurately identified Yourself and You have not provided any inaccurate information about Yourself to WalterPicks; and (c) You are a person aged 18 or older, a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
YOU ACCEPT THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) WALTERPICKS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) WALTERPICKS DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) WALTERPICKS DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.
WALTERPICKS LLC DOES NOT GUARANTEE THAT THE PRODUCTS WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED, OR THAT WALTERPICKS WILL CORRECT ALL ERRORS. YOU ACKNOWLEDGE THAT WALTERPICKS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WALTERPICKS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS WHETHER OR NOT FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM , ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THERE IS NO GUARANTEE OR PROMISE THAT YOUR USE OF THE SYSTEM WILL ENABLE OR ASSIST YOU IN WINNING MONEY, OR THAT YOU WILL NOT LOSE MONEY, OR IMPROVE YOUR GAMBLING RESULTS. YOUR RESULTS WILL VARY AND WILL BE BASED ON YOUR ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND AN INFINITE NUMBER OF VARIABLES BEYOND WALTERPICKS LLC’S CONTROL, INCLUDING VARIABLES WALTERPICKS AND YOU HAVE NOT ANTICIPATED. EACH CUSTOMER’S RESULTS WILL VARY.
TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS.
Intellectual Property Rights
The App, Website, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights and photographs (the “WalterPicks LLC content”), and all Intellectual Property Rights related thereto, are the exclusive property of WalterPicks LLC and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WalterPicks LLC content. Use of the WalterPicks LLC content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. WalterPicks LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
USE OF WALTERPICKS APP AND WEBSITE
You are solely responsible for your use of the App or Website, and for any use of WalterPicks App or Website made using your account. You agree not to access, copy, or otherwise use Fantasy Sports Services, the App or Website including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by WalterPicks LLC. Without limiting the generality of the foregoing:
- You will not copy, distribute or disclose any part of the App or Website in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use the App or Website to defraud or attempt to defraud WalterPicks, its partners and service providers, or any other party in connection with your use of the App or Website;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App or Website in a manner that sends more request messages to WalterPicks servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App or Website;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the App or Website;
- You will not collect or harvest any personally identifiable information, including account names, from the App or Website;
- You will not access the App or Website through any technology or means other than those provided or authorized by WalterPicks;
- You agree not to stalk, harass, bully or harm another individual who uses our App or Website;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our App or Website only in a safe manner and in compliance with all laws, you explicitly agree that you will not use the App or Website for any criminal communications or for transmitting any child pornography;
- You agree that you will not hold WalterPicks responsible for your use of our App or Website;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to WalterPicks;
- You agree not to interfere with or disrupt the App or Website;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our App or Website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Website, including the de-indexing or de-caching of any portion of our Website from a thirty party’s website, such as by requesting its removal from a search engine; and
- You will not upload any Content to our App or Website that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App or Website may at our discretion be terminated or suspended.