These Terms of Use (“Terms”) govern your use of the mobile application (“Play PickSix”) by Game Point Capital, LLC (“We” or “GPC ”). Review these Terms carefully before using Play PickSix. By using Play PickSix, you accept these Terms.
PLAY PICKSIX AND ITS CONTESTS AND PROMOTIONS ARE IN NO WAY AFFILIATED WITH APPLE INC. or GOOGLE INC.
Changes. From time to time we may change, update or modify these Terms. If you continue to use Play PickSix after we change the Terms, you accept all changes.
Privacy Policy. Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through Play PickSix, and your consent to our use of data in compliance with the Privacy Policy.
Contest Rules. All contests and promotions accessed through Play PickSix have additional contest rules which apply. These rules are incorporated by reference into these Terms. If there is a conflict between these Terms and any such rules, the rules will control.
Responsibility for Your Username and Password. To use certain features of Play PickSix, you will need certain telephone, computer hardware and other equipment. You are responsible for obtaining and maintaining all equipment needed for access to and the use of Play PickSix and all charges related thereto.
You will also need a username and password to create an account. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to Play PickSix or any features of Play PickSix, to anyone who violates these Terms.
Content and Monitoring. Play PickSix is a distributor (and not a publisher) of certain content supplied by third parties. Accordingly, we have no control over such content. Any information or content expressed or made available by third parties are those of the respective distributor(s) and not of Play PickSix. You understand and acknowledge that we neither endorse nor are responsible for the accuracy, completeness or reliability of this information made in use of Play PickSix.
GPC has the right, but not the obligation, to monitor and review your account to determine compliance with the conditions of use and operating rules established by Play PickSix to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If we become aware of any use of the Play PickSix app which may be considered inappropriate, GPC will respond accordingly, which response may include, but is not limited to, sharing your name and contact information with law enforcement agencies. You assume all risk and liability with respect to use of Play PickSix, including your continued compliance with these Terms.
Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER GPC NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, SPONSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. PLAY PICKSIX IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER GPC NOR ANY OF THEIR SERVICE PROVIDERS, SPONSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES.
To the maximum extent permitted by applicable law, in no event will GPC, or any person or entity involved in creating, producing, sponsoring or distributing Play PickSix be liable to you or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Play PickSix app.
You hereby acknowledge that the provisions of this section shall apply to all your use of Play PickSix. In no event shall GPC’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing Play PickSix. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Play PickSix, under any legal theory or cause of action.
Indemnification. You agree to indemnify, defend and hold harmless GPC, its affiliates, sponsors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys' fees) arising from your use or any user of your account of Play PickSix, their violation of the Terms, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.
Arbitration. We may elect to resolve any controversy or claim arising out of or relating to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in York County, Maine. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Miscellaneous. Any waiver of any provision of the Terms will be effective only if in writing and signed by GPC. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of GPC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GPC in writing.
GPC can revise these Terms at any time without notice by updating this posting, and you agree you’re your continued use of Play PickSix after such revisions have been posted constitutes your acceptance of such revised Terms.
GPC may authorize or allow its sponsors, agents and other third parties to provide to you services necessary or related to making Play PickSix and its contests available and to perform obligations and exercise rights of GPC under these Terms. Any obligations or duties which by their nature extend beyond the termination of these Terms shall survive any expiration or termination of these Terms.
GPC and/or third parties may from time to time send e-mail messages to you containing advertisements, promotions and other such information. GPC makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and you agree that neither GPC nor such third party shall have any liability with respect thereto.
Recognizing the above, you choose to voluntarily enter this space and to use Play PickSix and to not hold GPC, its agents, or its sponsors responsible for any action or inaction on either of their parts. You choose to use Play PickSix and to abide by the terms and conditions set forth here.