Terms of Service

1.  ACCEPTANCE OF TERMS

Welcome to Pickscity.com The web pages available at Pickscity.com all linked pages (“Site”), are owned and operated by owner and operator (PicksCity.com,” “we,” or “us”), and is accessed by you under this Terms of Use agreement (“Terms of Use”).

Please read these terms of use carefully before using the Site. By accessing this Site or using any part of this Site or any content or services on this Site, you agree to become bound by these Terms of Use. If you do not agree to all these Terms of Use, then you may not access this Site or use the content or any services on this Site.

2.  DESCRIPTION OF SERVICE

PicksCity.com provides services and content relating to the world of sports, as described more fully on the Site (the “Service”). The Service includes any service and content PicksCity.com performs for you, as well as the offering of any materials displayed or performed on or through the Service, such as text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively “Content”) etc. PicksCity.com may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. PicksCity.com may restrict functionality or your access to parts or all of the Service without notice or liability. Pickscity.com currently provides users with various features and services, handicapper picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of pickscity.com.  Unless stated otherwise, the Website, the Services, and the Content are subject to this agreement. You understand and agree that the Website, the Services, and the Content are provided “AS IS” and that pickscity.com assumes no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment only. Under these terms, you may download certain Content and Services available on the Website to a single personal computing device for your use and entertainment. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of PicksCity.com, which permission may be withheld at PicksCity.com sole discretion.

3.  PERMITTED USE OF THE SERVICE

The Site, Service and Content are made available only for lawful entertainment purposes, as described in these Terms of Use, and are subject to all applicable laws. The Site, Service and Content may not be used in connection with or to promote unlawful conduct or gambling activity. If you are aware of or have reason to believe a PicksCity.com. user is using the Site, Service or Content to promote or engage in unlawful conduct or gambling activity, you shall notify PicksCity.com. immediately. We reserve the right to notify the appropriate authorities of such conduct and to pursue all available legal remedies against such persons. By failing to timely notify PicksCity.com, you may be implicated in a crime and subject to liability.

You are solely responsible for the activity that occurs on your account, whether or not undertaken by you. You must notify PicksCity.com immediately of any breach of security or unauthorized use of your account. Although PicksCity.com will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of PicksCity.com or others due to such unauthorized use.  By providing PicksCity.com your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of certain Service-related communications by sending an email message the word “No email” in the subject field to support@pickscity.com We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending an email message to the same support email address. You acknowledge that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

4.  ELIGIBILITY

You may only use the Service if you are at least twenty-one (21) years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. Any registration, use or access to the Service by anyone under twenty-one (21) is a violation of these Terms of Use and is strictly prohibited. If you do not so qualify, do not attempt to register for or use the Service. The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.

5.  USER CONDUCT

As a condition of use, you agree that you shall not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by PicksCity.com.

By way of example, and without limitation, you agree not to use the Service:

*To abuse, harass, threaten, impersonate, or intimidate other PicksCity.com users. To contribute any Content that is infringing, libelous, defamatory, obscene, abusive, offensive, or otherwise violates any law or right of any third party..  For any illegal or unauthorized purpose, including the promotion of gambling.

6.  PROCESSING OF ACCOUNT PAYMENTS

We may use third-party electronic payment processors and/or financial institutions to process financial transactions. When initially setting up your Account, you authorize us, as necessary, to instruct such this third-party to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted on the Site for the use of Services. You acknowledge that each third-party electronic payment processor/financial institution has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms of service and the processor’s terms and conditions regarding the Site or the Services, these Terms shall prevail.

7.   RENEWALS

Our services are provided on a subscription basis. To provide continuous service, we do not automatically renew all paid subscriptions upon expiration (“Renewal Date”) unless opted out by the customer. By using the Site or the Services, you acknowledge that your Account could be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please go to the “my account” section at PicksCity.com and cancel your recurring payments in the subscription tab.

8.  LIMITED LICENSE

Subject to these Terms of Use, you are hereby granted a non-exclusive, limited, personal license to use the Service. PicksCity.com,  reserves all rights not expressly granted herein in the Service and the Content. PicksCity.com. may terminate this license at any time for any reason or no reason.

9.  PRIVACY

We care about the privacy of our users. By using the Service, you are consenting to have your personal data collected, stored transferred to and processed in the United States in accordance with Pickscity.com’s Privacy Policy.

10.  INDEMNITY

You will indemnify, defend and hold harmless Pickscity.com, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of these Terms of Use, or the infringement by you, or any third party using your account or Pickscity.com User ID, of any intellectual property or other right of any person or entity.

11.  WARRANTY DISCLAIMERS

You acknowledge that PicksCity.com has no control over, and no duty to take any action regarding: (a) which users gain access to the Service; (b) what effects the Content may have on you; (c) how you may interpret or use the Content; or (d) what actions you may take as a result of having been exposed to the Content. You release PicksCity.com from all liability arising from your acquisition of or inability to acquire Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PC Entertainment, Inc. makes no representations concerning and disclaims all liability for any Content contained on or accessed through the Service, and PicksCity.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PicksCity.com, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

PicksCity.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PicksCity.com WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12.  THIRD PARTY LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because Pickscity.com has no control over such sites and resources, you acknowledge and agree that Pickscity.com 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. You further acknowledge and agree that Pickscity.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Use and our Privacy Pledge do not apply to your use of such sites. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

13.  LIMITATION OF LIABILITY

IN NO EVENT SHALL PicksCity.com, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00, EVEN IF PC ENTERTAINMENT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PICKSCITY.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. The Terms of Use are not assignable, transferable or sublicensable by you except with Pickscity’s prior written consent. Pickscity.com may transfer, assign or delegate these Terms of Use and the rights and obligations created thereunder without your consent.

Sellers on PicksCity.com are freelancers, using this website as a marketplace to offer their services. And as in any marketplace, we have a variety of sellers, and PC Entertainment, Inc cannot guarantee your satisfaction from all sellers and cannot be held responsible for the quality of their work. Your use of the site, its content and any services or items obtained through the website is at your own risk. The site, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind. PicksCity.com releases all products to clientele ASAP once they are received from our freelancers.  We are not responsible for the timeliness of our freelancers.  No refunds will be permitted for timeliness unless deemed unreasonable by PC Entertainment, Inc.

14. FREELANCERS/PARTNERSHIPS

By joining the platform, Freelancers selling their service at PicksCity.com have given PC Entertainment Inc. dual ownership rights to content and consent to use this content in conjunction within the website as deemed necessary by PicksCity.com.

Nothing in these Terms of Service should be construed to create a partnership, joint venture, fiduciary, agency or employer-employee relationship between PC Entertainment and any Freelancer or any Client. The PicksCity.com Platform is intended for use only by Freelancers who can enter into relationships with Clients over the PicksCity.com Platform as partners under applicable law. Freelancers who fail to sell any of their products on the platform for 1 month+ are subject to $7.99 service fee.

In no event will PicksCity.com, its affiliates, service providers, employees, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, or any services or items obtained through the website, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings. PicksCity.com assumes no responsibly for the loss of capital incurred due to the use of information contained on this website. Past results do not guarantee or imply future performance. PicksCity will also not be responsible for any fees related to purchases that result in a refund and per our policy once we send your product via email and mark the sale as complete we are unable to refund the transaction!

PicksCity.com is not responsible or liable for any transactions, communication, or other damages direct, indirect, special, incidental, consequential or punitive damages, including but not limited to emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings in any manner, under any legal theory, relating to past, present, and/or future PicksCity.com freelancers outside of the PicksCity.com platform.

15. RETURN/REFUND POLICY

Once customers make a purchase, they will not be eligible for a refund.  The only exception  is when the operations team at PicksCity.com makes an error in delivery of the service as given by the customer. Any exceptions are subject to a $15 transaction fee.

No refunds will be issued for incorrect purchases for auto renew products since subscribers will have access to the AGENT’s plays after they purchase. We respect our AGENT’s content and strive to not share any of their VIP content by accident.

Visit MY ACCOUNT, then SUBSCRIPTIONS, to manage notifications and renewal activity for all of your subscriptions. If you don’t want to stay subscribed to a particular product, please check Do Not Renew. Otherwise, you will be charged at time of renewal and not eligible for a refund since our platform aims to protect our AGENT’s VIP content. You can re-subscribe to a Capper’s product at any point by unchecking Do Not Renew or by purchasing the subscription again.

Qualifying returns are processed within 1-2 business days. When you received those funds will depend on your bank’s ACH processing.

16. USER CONDUCT cont.

The products that PicksCity.com sells are not intended for use on any gambling or daily fantasy websites of any kind, they are intended for entertainment purposes only!

PicksCity.com Privacy Policy

Last Updated: Feb 2022