Terms and conditions
Your participation in Picklive is governed by these terms and conditions ("the Terms and Conditions"). By registering with Picklive, you hereby agree to be bound by and to abide by the Terms and Conditions.
Picklive.com is solely and wholly owned by Picklive Limited, a limited liability company registered in England and Wales, company number 7149965 ("the Company"). Our registered offices are at Picklive, 2nd Floor, 144a Clerkenwell Road, London, EC1R 5DF.
For the purposes hereof, “Picklive”, “we”, “us” means Picklive Limited; “Game” means a Picklive game; “Match” refers to a football match for which a Game can be played; “User(s)”, “you” means you, the player of the Game and “Website” means the website situated at http://picklive.com.
1. Game Rules
For information on how to play Picklive including choosing your players, changing player choices, scoring, results and winners policy, match cancellation and what to do if you forget your password click here. Picklive reserves the right to alter, amend or supplement the Game Rules from time to time in its absolute discretion. You agree that no liability shall attach to Picklive as a result of any such change and so are advised to check the Game Rules regularly from time to time. The Game Rules form part of these Terms and Conditions.
2. Participation
2.1 All applications to participate in a Game must be made online at the Website and strictly in accordance with the relevant instructions. No applications to enter made in any other manner will be accepted.
2.2 2.1No purchase of any item or service is necessary in order to play a Game and no payment is required from you to play a Game. The sole consideration required from you is that you agree to be bound by these Terms and Conditions.
2.3 Applications must not be submitted by agents or third parties.
2.4 While there is no limit on the number of entries per household or organisation only one entry in respect of the Game per unique registered Player of the Website is permitted.
2.5 It is solely your responsibility to ensure that you do not reveal your Username and/or password to anyone else.
2.6 Picklive reserves the right to reject Usernames which are deemed to be inappropriate, offensive or confusing. Any Usernames so rejected may be changed and notified to Picklive within 7 seven days. In the event that the alternative name proposed on behalf of any applicant to play the Game in such circumstances is again rejected at Picklive’s discretion the relevant applicant will be treated as being in breach of these Terms and Conditions.
2.7 You may only participate in Picklive if you are 18 years of age or older. We have the right, at any time, to request you to furnish us with proof of your identity and/ or age. Your account may be suspended whilst we await this information from you. You hereby irrevocably authorise us and our designated agents, as and when we deem fit, to confirm your identity.
2.8 You must inform us as soon as you become aware of any error with your Picklive account or with any Game by emailing seasontickets@picklive.com
3. Chat Room and Message Boards
3.1 Picklive does not pre-screen any content posted or disseminated in the chat room or through the message boards.
3.2 Because the message boards and chat room are self-moderated, you should understand that when using the Game, you might come across some content which you find offensive or objectionable. If you do come across such content then you are free to register a complaint in relation to this. You should note that the views expressed on message boards and in the chat room are the views of the individual concerned, not Picklive.
3.3 f you post any content on the Website then you are confirming that:
(a) the content includes nothing which would be a breach of these Terms and Conditions;
(b) the content is non-confidential and non-proprietary and that Picklive may make use of that content in any way it sees fit and without acknowledgement; and
(c) Players may access the content on terms similar to these.
If you wish to restrict the use of any content, then you are advised not to submit it.
3.4 You are entirely responsible for any content which you post. You shall be entirely responsible for any losses which Picklive, or any other Players may suffer as a result of any content you post, or otherwise as a result of your use of the Game.
3.5 You must ensure that you only use the message boards and chat room in order to post content which is (in the reasonable opinion of Picklive) legal, decent, proper and relevant. Without limitation of the foregoing, you must ensure that you:
(a) comply with any instructions from Picklive;
(b) do not defame, threaten, harass, abuse, or otherwise violate the rights of others;
(c) do not post or make available content which is unlawful, defamatory, obscene, objectionable, or inappropriate or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or the Players to any harm or liability of any type;
(d) do not promote or provide unlawful instructions to others;
(e) do not post any messages which could interfere with the intellectual property rights or confidential information of others;
(f) do not post messages containing commercial messages or advertising;
(g) do not impersonate any one else falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(h) do not use the message boards to harvest personal information about others;
(i) do not post any content containing pictures, video or personal information of others, unless that use is lawful, or you have their consent;
(j) do not transmit any viruses or other harmful code, files or programmes;
(k) do not add links to external sites (other than by prior written agreement of Picklive);
(l) do not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(m) do not use automated scripts to collect information from or otherwise interact with the Website;
(n) do not upload, post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
3.6 Please note that Picklive will seek to use these Terms and Conditions to prohibit all such behaviour. However, Picklive cannot guarantee that you will not be exposed to such behaviour. If you should encounter it, please feel free to make a complaint accordingly by emailing seasontickets@picklive.com. Picklive advises that you exercise caution in revealing any personal information about yourself on any message boards.
4. Rights
You acknowledge and agree that the Game, the Website and Picklive is protected by copyright, database rights and other intellectual property and related rights which are owned by Mint Play Limited or one of our licensors. You have no rights in such copyright material or trade or service marks and must not use them without Picklive’ written permission. All intellectual property rights in the name "Picklive" and "Mint Play", the logos, designs, trade marks and other distinctive brand features of Picklive and Mint Play and any content provided by Picklive or Mint Play for inclusion on the Website vest in Mint Play. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.
5. Warranties
You hereby warrant and represent that you:
5.1 are 18 years of age or older, are of sound mind and are capable of taking responsibility for your own actions;
5.2 have furnished us with personal details that are valid, accurate and complete in each and every respect and that you shall advise us immediately in writing should such details change;
5.3 will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website by any means. Unless given prior written approval by us, you will not make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it; and
5.4 will not disguise or interfere in any way the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.
6. Technical Limitations
6.1 Picklive and its suppliers take reasonable precautions to prevent computer viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other items that may damage the operation of computers or property or otherwise engage in computer misuse on the Website but cannot accept any liability for them (as set out below). You are advised to take precautions yourself such as the use of suitable protective software.
7. Limitation of Liability
7.1 Access to the Website is provided by public telecommunications networks and other technology for which Picklive and its suppliers have limited control. Picklive does not accept any liability for failures or breakdowns in network communications and/or end to end connectivity across the Internet and/or performance problems experienced on any Internet or other networks outside Picklive’s direct control. You should be aware when playing on Picklive that you may be using a connection or equipment which is slower than such equipment used by others and this may affect your performance in time critical events offered via the Website.
7.2Picklive does not give any warranty as to the accuracy of any material on the Website and does not accept any liability for the contents of the Website or for any use of or reliance on it except where Picklive have breached a duty imposed by law. If Picklive have breached such a duty they shall not be liable where it would be reasonable to restrict such liability, for example if the breach is attributable to the fault of you or an unconnected third party or could not have been foreseen or prevented by Picklive using reasonable care.
8. Suspension and closure of account
8.1 We may refuse to permit you to sign up with Picklive or elect to deregister or suspend you from Picklive at any time and for any reason whatever including (without limitation) if we suspect that you are breaching any of these Terms and Conditions or if we suspect that you are acting in a manner that is detrimental to the conduct of our business or which may result in a legal liability for you, for Picklive or for third parties. We shall not be obliged to give you prior notice of our action nor to furnish you with any reasons therefore. Any breach by you of the Game Rules shall also be a breach of these Terms and Conditions.
8.2 If we suspend you from Picklive we shall have the right to solely determine what criteria you shall have to meet in order to sign up again at Picklive.
8.3 Picklive reserves the right at any time and for any reason to:
(a) temporarily or permanently suspend your access to the message boards and chat room;
(b) delete any of your content;
(c) require any of your future messages or content to be pre-vetted;
(d) take any other action against your account as it sees fit.
8.4 You may close your Picklive account at any time by emailing seasontickets@picklive.com
9. Privacy and Data protection
9.1 By entering your personal information on the Website, you accept that Picklive may retain your personal information and use it to:
(a) enable us to set up your account so that you can make full use of all of the features on Picklive;
(b) enable us to receive questions and comments from you and for us to be able to respond to them;
(c) keep you informed of future events, offers and promotions from Picklive; and
(d) in relation to your Username only for advertising Picklive or promotional purposes.
9.2 You expressly consent to us transferring your personal information to, and storing it on, servers located outside of the United Kingdom and/ or the European Union (“Other Territories”). As part of this process we may transfer your personal information to our holding and subsidiary companies, any of our partners, associated parties and service providers. The laws on holding personal data in Other Territories may be less stringent than the laws applicable to the United Kingdom and/ or the European Union, but we will transfer and store your information in a safe, confidential and secure environment.
9.3 We will not sell or pass on your details to any third parties for purposes of marketing or advertising. We will not disclose your details to any third party save as set out in clause 9.2 unless we are required to do so by a competent authority or court within the United Kingdom.
9.4 We may transfer your personal information in the event of any transfer or sale of our business or any part of it including in the event of insolvency.
9.5 If at any time you wish us to stop processing your information for the above purposes, then you must contact us at seasontickets@picklive.com and we will take the appropriate steps to stop doing so. Please note that this may mean that your account will have to be closed.
9.6 Mint Play Ltd is the data controller with regard to the processing of Picklive’ Players’ personal information . Picklive is registered as such with the Data Controller under Registration Number Z1648228.
10. General
10.1 We reserve the right to amend these Terms and Conditions from time to time where it is necessary to do so for legal, technical or commercial reasons and any such amendments shall be effective on posting on the Website. Please check these Terms and Conditions regularly to see if there have been any changes.
10.2 If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
10.3 No indulgence granted by us to you should be construed as a waiver of any of our rights under these Terms and Conditions.
10.4 Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.
10.5 We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.
10.6 Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in these Terms and Conditions.
10.7 In these Terms and Conditions the headings are used for convenience only and shall not affect its interpretation.
10.8 The validity, construction and performance of these Terms and Conditions shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales to which the parties hereby submit.
JULY 2009
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