Terms of Service

1. Agreement to Terms

By accessing and using PickyMcPickFace (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. These Terms of Service apply to all users of the Service, including users who are also contributors of content, information, and other materials or services on the Service.

1.1 Age Requirement

By using this Service, you represent and warrant that you are at least 13 years of age. If you are under 13, you may not use this Service. If you become aware that a user under 13 is using the Service, please contact us immediately.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on PickyMcPickFace for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modifying or copying the materials
• Using the materials for any commercial purpose or for any public display
• Attempting to decompile or reverse engineer any software contained on the Service
• Removing any copyright or other proprietary notations from the materials
• Transferring the materials to another person or "mirroring" the materials on any other server
• Using the Service to engage in any illegal activity or activity that violates these Terms
• Harassing, threatening, or intimidating other users
• Engaging in any form of cheating, manipulation, or fraudulent activity

3. Disclaimer

The materials on PickyMcPickFace are provided on an 'as is' basis. PickyMcPickFace makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4. Service Limitations and Accuracy

The materials on PickyMcPickFace are provided on an "as is" basis. The materials appearing on the Service could include technical, typographical, or photographic errors. PickyMcPickFace does not warrant that any of the materials on its Service are accurate, complete, or current. PickyMcPickFace may make changes to the materials contained on its Service at any time without notice.

You acknowledge that the Service may experience downtime, outages, and interruptions. PickyMcPickFace relies on third-party providers for authentication, payment processing, hosting, and other services. We are not responsible for any service interruptions or issues caused by these third-party providers.

5. User-Generated Content

Users may post content, including picks, predictions, messages, and other information ("User Content") on the Service. By submitting User Content, you:

• Grant PickyMcPickFace a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, publish, and distribute such content
• Represent and warrant that you own or have the necessary rights to the content you submit
• Agree that your content will not violate any third-party rights or violate any laws
• Understand that PickyMcPickFace may remove any content that violates these Terms at any time
• Accept that you are solely responsible for your User Content

6. Entertainment Only Disclaimer

PickyMcPickFace is provided for entertainment purposes only. All picks, predictions, and forecasts made by users or on the Service are for entertainment and informational purposes only and should not be construed as professional financial, investment, gambling, or legal advice. We do not provide financial advice, investment advice, betting advice, or any other professional services.

You acknowledge that picks and predictions on the Service are inherently uncertain and carry no guarantee of accuracy or profitability. You assume full responsibility for any decisions made based on information from the Service. Never rely solely on picks or predictions from any source when making important financial or personal decisions.

7. Third-Party Links

PickyMcPickFace has not reviewed all of the sites linked to its Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PickyMcPickFace of the site. Use of any such linked website is at the user's own risk.

9. Modifications to Terms

PickyMcPickFace may revise these Terms of Service at any time. Material changes will be posted on this page and, where required by law, we will provide reasonable notice prior to the changes taking effect. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.

10. Governing Law and Arbitration

These Terms of Service and all related agreements are governed by and construed in accordance with the laws of the State of Utah, USA, without regard to conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts located in Salt Lake City, Utah.

Dispute Resolution by Arbitration: Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use thereof shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules & Procedures.

The arbitration shall take place in Salt Lake City, Utah, unless both parties agree otherwise. Each party shall bear its own attorney's fees and costs. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions to Arbitration: Either party may seek injunctive relief in court to prevent unauthorized access to the Service or to enforce intellectual property rights. Small claims court claims are also excluded from this arbitration requirement.

10. Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Harass, threaten, or intimidate other users
• Post hateful, defamatory, obscene, or otherwise offensive content
• Engage in spam, phishing, or other deceptive practices
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use automated tools or scripts to access the Service without permission
• Interfere with the normal functioning of the Service
• Engage in cheating, fraud, or manipulation of game results
• Sell or distribute access to your account or the Service

11. Account Termination

PickyMcPickFace reserves the right to suspend or terminate your account and access to the Service at any time, in our sole discretion, without notice or liability, for violating these Terms of Service or engaging in prohibited conduct. Upon termination, all rights and licenses granted to you will immediately cease.

12. Intellectual Property Rights

All content on the Service, including but not limited to text, graphics, logos, images, software, and other materials, is the property of PickyMcPickFace or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, or transmit any content without our prior written permission.

PickyMcPickFace and its logos are trademarks of PickyMcPickFace. Other product names, logos, and brands mentioned on the Service are the property of their respective owners.

13. Indemnification

You agree to indemnify and hold harmless PickyMcPickFace, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

14. Payments and Subscriptions

If you purchase a premium subscription or any paid services through the Service:

• You agree to provide accurate billing information
• You authorize PickyMcPickFace to charge your payment method for the fees you've agreed to
• Subscriptions will automatically renew unless you cancel before the renewal date
• You can cancel your subscription at any time through your account settings
• Refunds are not available for paid subscriptions unless required by applicable law
• PickyMcPickFace may change pricing with 30 days' notice

15. Limitation of Liability

In no event shall PickyMcPickFace, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits or revenue, even if PickyMcPickFace has been advised of the possibility of such damages. This limitation applies regardless of the cause of action, whether in contract, tort, strict liability, or otherwise.

Our total liability to you for any and all claims arising out of or related to the Service shall not exceed the amount you have paid to us in the 12 months prior to the claim, or $100, whichever is greater. Some jurisdictions do not allow exclusion of implied warranties, so this limitation may not apply to you.

16. Dispute Resolution

See Section 10 (Governing Law and Arbitration) for detailed information about how disputes will be resolved through binding arbitration with JAMS in Salt Lake City, Utah.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms of Service and our Privacy Policy constitute the entire agreement between you and PickyMcPickFace regarding the Service and supersede all prior agreements and understandings.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at:

20. Acknowledgment

By using PickyMcPickFace, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by all of their terms and conditions. Your use of the Service after any modification to these Terms constitutes your acceptance of the modified Terms.