Terms of Use
Note that terms have changed as of November 6th, 2009.
The following Terms of Use (referred to as the “Agreement”) set forth the legally binding terms for your use of the Crowdpicks.com website (the “Website”) and your membership in the service offered through the Website (the “Service”). Crowdpicks.com reserves the right to modify this Agreement from time to time without prior notice and any modification(s) shall be effective upon posting by Crowdpicks.com. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted.
CROWDPICKS.COM IS FOR ENTERTAINMENT PURPOSES ONLY AND MAY NOT BE USED IN CONNECTION WITH ANY FORM OF GAMBLING.
Removal of Material. Crowdpicks.com reserves the right, in its sole discretion, to remove, reject or refuse to post any material or content of any kind including , but not limited to, any profanity, images of violence or nudity, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability to you.
Ownership and Proprietary Rights. You expressly acknowledge and agree that Crowdpicks.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Crowdpicks.com and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information that appears on the Website without the express prior written consent of Crowdpicks.com.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Privacy. Use of the Website and/or the Service is also governed by the Crowdpicks.com Privacy Statement.
Disclaimers. Crowdpicks.com is not responsible for any incorrect or inaccurate content or material posted on the Website or used in connection with the Service, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in the Service. Crowdpicks.com is not responsible for the conduct, whether online or offline, of any user of the Website or the Service. Crowdpicks.com shall not be responsible, directly or indirectly, for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Under no circumstances shall Crowdpicks.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.
Disclaimer of Warranties. THE WEBSITE, SERVICE, AND ALL CONTENT, MATERIAL, OR INFORMATION OBTAINED OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CROWDPICKS.COM EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
Limitation on Liability. IN NO EVENT SHALL CROWDPICKS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF CROWDPICKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CROWDPICKS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CROWDPICKS.COM FOR THE SERVICE DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO ANY ALLEGED DAMAGES.
Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Nebraska without regard to conflict of law provisions and you irrevocably waive any objection to and you expressly agree to personal jurisdiction by and venue in the state and federal courts of the State of Nebraska, Douglas County.
Indemnity. You agree to indemnify and hold Crowdpicks.com, its officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement.
Miscellaneous. This Agreement is accepted upon your use of the Website. This Agreement constitutes the entire agreement between you and Crowdpicks.com regarding the use of the Website and/or the Service. Any failure by Crowdpicks.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Prohibited Activities.You shall not authorize or encourage any third party to directly or indirectly create impressions of or clicks on any text or banner ad through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated requests.
Google and theDoubleClick DART cookie. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
· Google, as a third party vendor, uses cookies to serve ads on this site.
· Google's use of the DART cookie enables it to serve ads to you based on their visit to your sites and other sites on the Internet.
CrowdPicks.com Revenue Sharing Agreement.This Agreement is a contract between you, a registered member of CrowdPicks.com and WSC Group, Inc., the owner and operator of CrowdPicks.com and applies to your use of WSC Group, Inc.'s Services including the “Revenue Sharing” program. You must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of Substantial Change by posting notice on the "Terms of Use" page of our website. We last modified this Agreement on November 6th, 2009. This Agreement contains several sections.
1. Our Responsibility
2. Eligibility
3. Getting Paid
4. Account Balances
5. Disabling Revenue Share
6. Your Liability
7. Errors and Unauthorized Transactions
8. Disputes with WSC Group, Inc.
1. Our Responsibility
1.1 WSC Group, Inc. is only an online entertainment provider. WSC Group, Inc. makes payments to registered members of CrowdPicks.com. If you receive Information about another WSC Group, Inc. User through the Service, you must keep the Information confidential and only use it in connection with the Service. You may not disclose or distribute a WSC Group, Inc. User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
1.2 Intellectual Property. "WSC Group, Inc.”, and “CrowdPicks.com," and all related logos (excluding logos and names for teams and leagues), products and services described in our website are either trademarks or registered trademarks of WSC Group, Inc. or its licensors. You may not copy, imitate or use them without WSC Group, Inc.'s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WSC Group, Inc. You may not copy, imitate, or use them without our prior written consent.
1.3 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without WSC Group, Inc.'s prior written consent. WSC Group, Inc. reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.4 Notices to You. You agree that WSC Group, Inc. may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. You may access your transaction history and Balance by logging into your Account.
1.5 Program Tracking. It will be our responsibility to track page views to determine the allocation of funds to each eligible participant. We will try to prevent click fraud and may actively monitor participant activity. If we suspect a participant is engaging in click fraud we reserve the right to terminate your access to all or any part of the Website and/or Services at any time, with or without prior notice, and without liability to you.
2. Eligibility
2.1 Eligibility. To be eligible for our Revenue Sharing program, you must be at least 18 years old. You may only hold one registered account participating in the Revenue Sharing program.
2.2 Identity Authentication. You authorize WSC Group, Inc., directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your Information against third party databases or through other sources.
3. Getting Paid
3.1 Getting Paid. In order to get paid and have WSC Group, Inc. distribute your earned funds, you must have a minimum balance of $20 and provide your full name and address at the time a distribution is requested so that a check can be mailed to you. We will not distribute funds using any other process. If you do not provide your name and address you will not be able to receive a payout in the Revenue Share program.
3.2 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. WSC Group, Inc. is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
3.3 Payment Limits. If you have a Revenue Share credit, you may not receive more than $600.00 USD per year in funds without submitting a social security and other member details (name, address, etc.) so that we may meet our legal and financial obligations of providing you a 1099 form. If your social security does not match the name and address information provided to us by an independent third party service, we will disable your Revenue Share account and withhold your funds until updated and accurate information can be provided which does match.
3.4 Payment Review. Payment Review is a process by which WSC Group, Inc. reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, WSC Group, Inc. will place a hold on the payment and provide notice to the member and delay payment. WSC Group, Inc. will conduct a review and either clear or reverse the payment. If the payment is cleared, WSC Group, Inc. will provide notice to the member.
3.5 Payment Currency. All payments will be made to members in US Dollars without exception.
3.6 Forfeiting Funds. All members that have not logged in during the preceding 90 days will forfeit all Revenue Sharing funds back to CrowdPicks.com effective April 1st, 2009.
4. Account Balances
4.1 Balances. If you do hold a Balance, WSC Group, Inc. will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy.
4.2 Assignment of Interest to WSC Group, Inc. You agree that you will not receive interest or other earnings on the funds that WSC Group, Inc. handles as your agent.
5. Disabling Your Revenue Share
5.1 How to Disable Revenue Share. You may terminate your Revenue Share feature at any time by logging in to your Account, and sending an email from the CrowdPicks website (Contact Us link) or letter Upon receipt of the closure request, we will cancel any pending transactions and you will be sent any Balances you have remaining. You will be excluded from any future participation in the Revenue Share program but will be allowed to continue to participate in the CrowdPicks community. However, if you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect WSC Group, Inc. or a third party against any risk.
6. Your Liability
6.1 Your Liability and Actions by WSC Group, Inc. If you engage in any restricted activities, as determined by our Terms of Use, we may take various actions to protect WSC Group, Inc., and our members. The actions we may take include, but are not limited to the following: a. We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Revenue Share feature, and your ability to make withdrawals, or edit the account) b. We may hold your funds for up to 180 Days if reasonably needed to determine if the account will be permanently closed and the funds forfeited. f. We may take legal action against you. WSC Group, Inc., in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
6.2 Account Closure, Termination of Service, or Limited Account Access. If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
7. Notification of Errors and/or Unauthorized Transactions
To notify us if you believe there has been or will be an error or unauthorized transaction on your Account, email us immediately at info@crowdpicks.com or for other issues email info@crowdpicks.com or write to WSC Group, Inc., Attn: Revenue Share Error, 6825 Pine St, Omaha, NE 68106. We will advise you of the results of our investigation within 10 Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 Days to investigate your complaint or question. If we decide that we need more time, we will provisionally re-credit your Account for the amount you think is in error within 10 Business Days after we receive your notice. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, WSC Group, Inc. will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, WSC Group, Inc. may debit the extra funds from your WSC Group, Inc. Account.
8. Disputes with WSC Group, Inc.
8.1 Contact WSC Group, Inc. First. If a dispute arises between you and WSC Group, Inc., our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly and equitably. Disputes between you and WSC Group, Inc. regarding our Services may be reported to Customer Service online (or telephone WSC Group, Inc. Customer Service on unauthorized access issues at 402-505-7979) via email to info@crowdpicks.com or write to WSC Group, Inc., Attn: Account Dispute, 6825 Pine St, Omaha, NE 68106.
8.2 Alternative Dispute Resolution. If you are unable to resolve your issue by working directly with us, WSC Group, Inc. will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation.
8.3 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 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. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. WSC Group, Inc. does not guarantee continuous, uninterrupted or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control. WSC Group, Inc. will make reasonable efforts to ensure that requests are processed in a timely fashion.
CrowdPicks.com “Premium Account” Agreement.This Agreement is a contract between you, the “subscriber” of CrowdPicks.com and WSC Group, Inc., the owner and operator of CrowdPicks.com and applies to your use of WSC Group, Inc.'s Services including the “Revenue Sharing” program. A “subscriber” is defined as a member that opts in to our premium account services including the “Office Pool Coach” and the monthly and annual “Subscription”. You must read, agree with and accept all of the terms and conditions contained in this Subscription Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of Substantial Change by posting notice on the "Terms of Use" page of our website. We last modified this Agreement on November 6th, 2009. This Agreement contains several sections.
Information and recommendations provided at the CrowdPicks.com website including the premium account services are for entertainment and informational purposes only. CrowdPicks.com and WSC Group, Inc. are not liable for any losses that incurred as a result of the information purchased through this website. Any use of this information in violation of any state, federal, or local laws is prohibited. Past performance does not guarantee future results. Any reliance on such information and recommendations is at the sole discretion and risk of the subscriber.
Distribution
You may not distribute, modify, republish, or publicly display any of the Content or Services including the output of the CrowdPicks data screener, the “IntelliPick” or “Office Pool Coach” predictions, or their derivatives unless you have the prior written permission of CrowdPicks.com, which permission may be withheld at CrowdPicks.com’s sole discretion.
Access By Minors
You must be at least 18 years old to become a “subscriber” at CrowdPicks.com. If you are under 18 years of age, you are not permitted to use the Subscription Services although access to other services is permitted if you are over 13 years of age.
Proprietary Rights
Services and Content are the property of CrowdPicks.com and may not be reproduced without the prior written consent of CrowdPicks.com. You further acknowledge and agree that (i) any use of the data used in connection with the Website, the Services, and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to CrowdPicks.com; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY CROWDPICKS.COM, OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICES, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
Pricing
CrowdPicks.com may provide from time to time, “free” services including “IntelliPicks” and other subscription services, and they retain the right to terminate these “free” services at any time without prior notice. Subscription services are otherwise offered on a monthly or annual basis, or on an “as needed” basis. When you subscribe to a pay service, if you select “recurring” fees, you will be billed the recurring subscription amount until you cancel. Subscription prices are subject to change but if you select the “recurring” option your price will not increase. CrowdPicks.com will not offer any refunds on subscriptions.