|UPICKEM Terms of Service|
End User Agreement Terms of Service
Welcome to UPICKEM. This service is offered free of charge to users in conjunction with this web site using proprietary software of UPICKEM ("UPICKEM"). Your ("End User") use of the Service is, however, conditioned upon completion and acceptance of the "End User Agreement" Terms of Service, as well as continued compliance with its provisions.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY CHECKING THE "I ACCEPT" CHECKBOX BELOW AND REGISTERING WITH THE UPICKEM, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, CLICK THE "CANCEL" BUTTON BELOW AND PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN.
This site is operated in part by one or more licensees of UPICKEM, who owns and maintains the services (the "Service") offered on this site. End User understands and agrees that the Service is provided to him/her exclusively under UPICKEM's End User Terms of Service. By completing the registration process, End User is stating that he/she has read and understands the End User Terms of Service, and that he/she agrees to be bound by them.
UPICKEM may modify this End User agreement at any time, and may terminate End User’s use of the Service or otherwise revise any or all aspects of the Service in its sole discretion and without prior notice. End User’s continued use of the Service now, or following the posting of notice of any changes in this End User Agreement, will constitute a binding acceptance by End User of such rules, changes or modifications.
End User represents that he/she is at least 13 years of age and, if acting on behalf of a group or organization, has the authority to do so. Any minor using the system shall do so only with the consent of a supervising parent or guardian who shall execute an End User Agreement on behalf of such minor. End User is responsible for all use of the Service under End User’s password. End User acknowledges that he/she is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 13 years of age). End User, or parent or guardian, as the case may be, agrees to supervise usage of the Service by minors, if any, whom End User permits to use the Service.
End User Responsibilities
End User is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. End User acknowledges and agrees that he/she is solely responsible for maintaining the confidentiality of his/her account number and/or password. End User agrees that he/she is entirely responsible for all uses of his/her account, whether or not authorized by End User. End User agrees to notify UPICKEM immediately of any unauthorized use of his/her account. End User agrees to ensure that any content or information he/she provides will at all times be accurate, complete and not misleading. End User agrees not to place on this site any content that violates, plagiarizes or infringes upon the rights of others, including copyright, trademark, the right of privacy or the right of publicity, or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive, or otherwise illegal. End user agrees not to solicit the performance of any activity that is prohibited by law. End User agrees to comply with all applicable laws, rules and regulations in connection with this End User Agreement. End User agrees not use the Service in connection with surveys, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). End user agrees not to restrict or inhibit any other user from using and enjoying the Service. If End User uses this site from outside the United States of America, he/she is entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Service.
Content and Monitoring
UPICKEM is a distributor (and not a publisher) of content supplied by third parties and users of the Service. Accordingly, UPICKEM has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of UPICKEM. End User understands and acknowledges that UPICKEM neither endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice, information, or statement made in use of the Service by anyone other than authorized UPICKEM employee spokespersons while acting in their official capacities.
UPICKEM has the right, but not the obligation, to monitor and review the content on the Service and End User’s account to determine compliance with the conditions of use and operating rules established by UPICKEM, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If UPICKEM becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of End Users of the Service with law enforcement agencies. End User assumes all risk and liability with respect to use of the Service, including End User’s continued compliance with the End User Agreement.
By using the Service, End User irrevocably grants UPICKEM and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify End User. Excep