Acceptance of Terms

Pickheads (a wholly-owned subsidiary of Mongermedia, LLC) provides its services ("Service") to you subject to the following Terms of Use ("Terms"). By using the Pickheads web site ("Site") in any way, you are agreeing to comply with the Terms, whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Service, please read the Terms and indicate your acceptance by following the instructions in the registration process. Should you object to any portion of the Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Pickheads will provide notice of materially significant changes to the Terms by posting notice on the Site. Nothing in these Terms should be construed to confer any rights to third party beneficiaries.

GAMBLING PROHIBITION: This Service is strictly for informational and entertainment purposes and may not be used in connection with any form of gambling. Promotion of gambling services and/or web sites from this Site is prohibited.

Privacy

Please review our privacy policy to understand our how we handle personally identifiable information about users.

User Account and Password Security

Once you sign up to become a user of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Pickheads does not control, and is not responsible for Content made available through its Service, and that by using this Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Pickheads does not pre-screen or approve Content, but that Pickheads shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Pickheads be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the service.

Linked Content

Pickheads provides links to other sites and resources over which Pickheads has no control. Pickheads is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Pickheads makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk.

Information Accuracy

Statistics and other information made available on Pickheads are provided by third parties. While Pickheads and its third party providers make reasonable efforts to include accurate and up-to-date information, neither Pickheads nor its third party providers warrant or make any representations of any kind with respect to the information provided to you through the Service. Pickheads and its third party providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any error or omissions in that information.

Local Laws

You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Service. Access to the Service may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction and Pickheads does not make any representation or warranty, express or implied, that materials made available through the Service are appropriate for use in your Jurisdiction.

Conduct

You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Pickheads official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

Indemnity

You agree to indemnify and hold Pickheads, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

Modification of Service

Pickheads reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pickheads shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination of Service

You agree that Pickheads, in its sole discretion, may terminate your password, use of the Service or use of any other Pickheads service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pickheads believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Pickheads may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Pickheads may immediately deactivate or delete your Pickheads and all related information and files in your Pickheads and/or bar any further access to such files or the Service. Further, you agree that Pickheads shall not be liable to you or any third-party for any termination of your access to the Service.

Advertisements and Promotions

Pickheads runs advertisements and promotions on its sites. By using the Service, you agree that Pickheads has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed via JavaScript or any other means. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by Pickheads is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pickheads shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Non Commercial Use by Members

The Service is for the personal use of registered members ("Members") only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Pickheads. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Pickheads for any illegal or unauthorized use of the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pickheads EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Pickheads MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pickheads OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pickheads SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pickheads HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Pickheads or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Pickheads and protected by U.S. and international copyright laws. All software used on this site is the property of Pickheads or its software suppliers and protected by United States and international copyright laws.

Trademarks

Pickheads, the Pickheads logo, and other marks indicated on our site are trademarks of Mongermedia, LLC. Other Pickheads graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mongermedia, LLC. Pickheads' trademarks and trade dress may not be used in connection with any product or service that is not Pickheads', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Pickheads. All other trademarks not owned by Pickheads or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pickheads.