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Terms and Conditions

SPYLOCK (“Spylock”) WEBSITE TERMS AND CONDITIONS

GENERAL DISCLAIMER: Spylock DOES NOT GUARANTEE ITS PICKS. Spylock PRODUCES ITS PICKS BASED ON INFORMATION AVAILABLE TO IT AT THE TIME AND BASED ON ITS JUDGMENT. THE PICKS, AS NOTED BELOW, ARE PROVIDED “AS IS, WHERE IS”.

1. Intellectual Property Protection

The contents (including without limitation, the sports picks and sports handicap advice (collectively, the “Picks”)) and design of this website and of any other website owned and operated by Spylock (collectively, the “Site”) and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, the Picks, design and materials being collectively referred to as the "Spylock Content"), are copyright of Spylock and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Spylock" name and logo or other trade names appearing on the Site) for any reason without written permission from Spylock.

2. Use of Spylock Content

You may retrieve and display the Spylock Content, including the Picks, on a computer screen or print individual pages on paper (but not photocopy them) for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Spylock Content, including the Picks. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Spylock:

i. reproduce or store in or transmit to any other web site, consensus site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Spylock Content including the Picks, or

ii. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Spylock Content and the Picks (including use as part of any library, archive or similar service),

iii. remove the copyright or trade mark notice from any copies of the Spylock Content made under these Terms.

Any other use of the Spylock Content, including the Picks, is expressly prohibited.

3. License Fee, Payment, and Transactions

Access to the Picks is subject to a license fee (except for “free” picks which Spylock may post from time to time on the Site). All payments (including applicable taxes) for Picks must be made in advance in US Dollars or other currency specified by Spylock. You are responsible for the payment of all charges associated with the Picks. The Picks are licensed, not sold, to you. Other than your limited rights as set forth in Section 2, Spylock retains all right, title and interest in and to the Picks.

4. Term and Termination

Spylock may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Picks) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Spylock provided in these Terms or by law.

5. Changes to the Site

Spylock reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Spylock Content available on the Site at any time and to restrict the use and accessibility of the Site.

6. Registration, Passwords and Responsibilities

Access to “My Picks” and the Picks generally are only open to you if you register on the Site and pay the license fee. You are solely responsible for the confidentiality and use of and access to the Spylock Content, including the Picks, on the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Spylock if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Spylock Content or the Site. You will provide Spylock with accurate, complete registration information (including in particular your e-mail address) and inform Spylock of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Spylock reserves the right to monitor and record activity on the Site, including access to the Picks.

Each registration is for a single user only. You may not share your user name and password with any other person. Spylock does not permit access through a single name and password being made available to multiple users or on a network. Spylock may cancel or suspend your access to the Site and the Picks if you do this without further obligation to you.

7. No Warranty, Disclaimer of Liability and Indemnity

The Spylock Content, including the Picks are provided "as is". Spylock expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Spylock, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss)

8. Miscellaneous

Changes to these Terms. Spylock may, in its discretion, change these Terms (including those relating to your use of Site and/or the Spylock Content). When Terms are changed, Spylock will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Spylock has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Spylock is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Spylock is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Spylock.

9. Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, the laws of the State of Wisconsin without regard to its conflict of laws principles. The parties irrevocably agree that the federal or state courts located in Washington County, Wisconsin shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of such courts. For the exclusive benefit of Spylock, Spylock shall retain the right to bring proceedings as to the substance of the matter in the courts of the country or state of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
I have read and agree to Spylock's Terms and Conditions.
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