PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 11. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED IN SECTION 10.
1. Acceptance of Terms
This is a contract between you and PF, an Illinois corporation. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
PF may amend these Terms. Any such amendment will be effective thirty (30) days following either dispatch of a notice to you or posting of the amendment on the Services. If you do not agree to any change to these Terms, you must discontinue using the Services. PF’s customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.
PF may immediately terminate this contract with respect to you, including your access to the Services. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by you; discontinuance or material modification to the Services, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from you, PF does not intend to terminate your account without good cause; however, you agree that any unilateral termination of the account by PF is ultimately a decision vested in PF’s sole discretion.
PF’s competitions are void where prohibited. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Services. PF reserves the right to request proof of age or identity or to verify eligibility conditions and potential winning entries, prior to awarding any prize. PF reserves the right to award any prize to a winner in person. PF further reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with an ineligible account.
To be eligible to register on the Site, enter any contest on the Site, or win prizes offered by the Site, you must meet all of the following conditions:
You are at least thirteen (13) years of age;
You are a resident of the United States of America;
At the time of your participation in any digital sports contest offered on the Site, you are physically located in the state of Ohio or Illinois;
You are not a member, officer, employee or agent of PF;
You are not a spouse, child, brother, sister or parent, residing as a member of the same household or in the principal place of abode of any member, officer, employee or agent of PF;
You do not, by virtue of affiliation or employment with another company operating in the digital sports industry, have access to that company’s pre-release, non-public, or confidential data about digital sports contest-related information;
You are not an official or referee or amateur or professional athlete, or agent of any official or referee or amateur or professional athlete, whose performance may be used to determine the outcome of any digital sports contest;
You are not listed on any U.S. Government list of prohibited or restricted parties;
You abide at all times by these Terms and any other agreements between you and PF regarding your use of the Services; and
You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
Additionally, athletes, coaches and other team management, team support personnel, and team owners are not eligible to participate in contests in the sport or sports with which they’re associated. Team owners, league employees, sports commissioners, and other individuals, who through an ownership interest or game-related employment can influence the gameplay, are also not eligible to participate in contests in the sport or sports with which they’re associated.
3. Conditions of Participation
Registration and Accounts
In order to use certain features of the Services, you must register and set up an account with PF. By registering as a user of the Services, you agree to provide and maintain accurate, current and complete information about yourself including but not limited to your name, age, and address. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that PF may take steps to verify the accuracy of information you provide, including your age and contact information, prior to awarding any prizes.
If your account information is not accurate, not current, or incomplete, or if PF has reasonable grounds to believe that your account information is not accurate, not current, or incomplete, PF, in its sole discretion, may deny you access to certain Services and areas of the Site requiring registration. PF, acting reasonably, reserves the right to not open an account for you.
You may open, maintain, use and control only one account on the Services. For avoidance of doubt, users may not “co-own” accounts on the Services. In the event PF determines you have opened, maintained, used or controlled more than one account, PF reserves the right to suspend or terminate any or all of your accounts and withhold or revoke the awarding of any prizes.
If you create a username that PF deems, in its sole discretion, to be abusive, defamatory, harassing, hateful, indecent, objectionable, offensive, or vulgar, PF reserves the right to cancel any of your contest entries and block your account from any future activity.
PF may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms or supplemental terms.
Account Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify PF of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
Communications and Information Practices
As a result of your registration for the Services or entrance into certain digital sports contests, you may receive certain commercial communications from PF or its business partners. You understand and agree that these communications are part of your registration and/or contest entrance, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality, where available, or sending an email to email@example.com. Following an opt-out, PF and its business partners may still communicate with you via email or other correspondence to the extent permitted by applicable law.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to PF. These details will be used to allow PF to comply with tax regulations and may be shared with appropriate tax authorities.
You, not PF, are responsible for filing and paying applicable state and federal taxes on any winnings. PF does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
By entering a contest, you consent to PF’s, and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and other PF contests and PF generally, unless otherwise prohibited by law. PF and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. You agree that PF may announce any winner’s name on-air, on its Site, or at or on any other location or medium at any time in connection with the marketing and promotion of PF, or other contests or games operated by PF, or PF’s business partners and their products or services. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
4. Contest Rules
Contests that you enter on the Services may have supplemental rules and conditions to which you are subject, but the following general rules apply, absent contrary terms in any supplemental rules or conditions for those contests.
Contest of Skill
Digital sports contests are contests of skill. Winners are determined by the criteria stated in each contest’s rules. Such contests are designed to test contest entrants’ respective proficiency in exercising their judgment and knowledge regarding sports in light of the contests’ rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant information relating to professional sports by applying it to the rules for each contest in order to accumulate the most points relative to the other contestants in a particular digital sports contest.
To enter a digital sports contest on the Site, you must first register on the Site. Following registration, you may then enter contests through the Site, subject to certain exclusions and limitations set forth in particular contests’ rules and/or eligibility requirements. Further, if the contest participant is a Minor in his or her state of residence, the Minor participant must secure the permission of his or her parent/legal guardian before submitting the contest entry. It is your responsibility to ensure that you are legally eligible to enter any contests offered on the Site under any laws applicable to you in your jurisdiction of residence or otherwise.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Important Notice: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your carrier. Please consult your wireless service provider regarding your pricing plan. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill. Additionally, not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions.
PF may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information. Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries or other programs is prohibited and all such entries will be disqualified.
The start, term, and length of each individual contest will depend on the professional sport related to that contest, generally commencing and ending either on a single day, over the course of a week, or over the course of a full professional sports league’s regular season. The start, term, and length of each individual contest will be explicitly stated on its respective contest page.
PF, and/or its business partners, awards prizes based on the results of digital sports contests. PF offers a number of different types of contests. For each contest, PF announces the prizes in advance on the contest page. This information is made available on the contest page.
At the conclusion of each contest, the tentative winner(s) are announced (generally by the following day) but remain subject to final verification. Prizes will then be awarded, consistent with each contests’ posted rules, to eligible entrants within fourteen (14) days of the contests’ conclusion. In the event of a tie, the prize is divided evenly between the tied entrants, unless otherwise specified.
Prize calculations are based on the results as of the time when final scoring is tabulated by PF or the third-party that offers, hosts, and/or operates the contest. Once winners are initially announced by PF, the scoring results will not be changed in light of official adjustments made by the professional leagues, though PF reserves the right to make adjustments based on errors or irregularities in the transmission of information to PF from its statistics provider or in its calculation of results. PF also may make adjustments in the event of noncompliance with the Terms. PF has no obligation to delay the awarding of a prize in anticipation of any adjustment, and PF reserves the right to reverse the awarding of prizes in the event of any adjustment. You agree to cooperate with PF’s reasonable efforts to award prizes.
Prizes are not transferable, redeemable for cash or exchangeable for any other prize. In order to award a prize, PF may require your full name, valid mailing address, date of birth, and social security number in order to file the appropriate tax forms at year end. All taxes associated with the receipt or use of any prize are the sole responsibility of winners. PF may also conduct checks for compliance with these Terms, and PF may request additional information before awarding a prize. In the event that the awarding of any prizes to winners of any contest is challenged by any legal authority, PF reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of winners of contests, PF is the sole judge and its actions are final and binding.
Winners are generally posted on the Site after the conclusion of each contest, generally by the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a prize claim agreement, a publicity agreement, and/or appropriate tax forms by a specified deadline. Any affidavit or other prize claim agreements completed by a Minor must be co-signed by that Minor's parent or legal guardian. To claim prizes awarded “in person,” a Minor must be accompanied by that Minor’s parent or legal guardian. See contest rules for specific requirements.
Any failure to timely complete and return the properly signed affidavit and releases or other prize documentation, return of any prize/prize notification as undeliverable, failure to comply with any requirement of a contest’s rules or these Terms, or inability of PF to contact a potential winner, may result in the contestant being disqualified and the prize being forfeited and awarded to the entrant whose entry received the next highest score, pending verification of eligibility.
PF, in its sole discretion, reserves the right to modify, suspend, cancel or terminate a contest, or extend or resume the entry period, without giving advance notice and without restrictions. For example, PF may cancel a contest if it cannot be guaranteed the contest can be carried out fairly or correctly for technical, legal or other reasons; if PF suspects that any person has manipulated entries or results, provided false information or acted unlawfully or unethically; or if the minimum number of contest entries is not met. If PF cancels or terminates a contest, prizes may be awarded in any manner it deems fair and appropriate consistent with local laws governing the contest.
The failure of PF to comply with any provision of these Terms due to what is commonly referred to as an act of God or a hurricane, war, fire, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of PF (not related to compliance with applicable regulations), or other force majeure event will not be considered a breach of these Terms.
If you engage in conduct PF deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users, PF may disqualify you from a contest or the entire Service; refuse to award points or prizes and require the return of any prizes; or suspend, limit, or terminate your account. Improper conduct includes, but is not limited to: falsifying personal information, including information, required to use the Service or claim a prize; violating eligibility requirements; accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information or spamming other entrants; abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent PF from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
5. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by PF. By way of example, and not as a limitation, you agree not to:
abuse, harass, impersonate, intimidate or threaten other PF users;
post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PF user;
create or submit unwanted email (“Spam”) to any other PF users;
infringe upon the intellectual property rights of PF, its users, or any third party;
submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without PF’s express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in PF’s sole discretion an unreasonable or disproportionately large load on PF’s infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures PFmay use to prevent or restrict access to the Service;
use unauthorized scripts; all authorized scripts will be made available through the Services prior to contest entry;
advertise to, or solicit, any user to buy or sell any products or Services, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
sell or otherwise transfer your profile;
attempt to influence the play in any sporting event from which athletes are available for selection in contests in which you are involved or in which you have a direct or indirect interest.
You acknowledge and agree that PF may remove any User Generated Content (as defined in Section 6 below) and/or terminate your account for any violations of the above user conduct terms or upon receipt of claims or allegations from other users, third parties, or authorities.
To report violations of these Terms, please contact us at
6. User Generated Content
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
PF does not claim ownership to your User Generated Content; however, you grant PF a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize PF to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold PF and its subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PF by any third party arising out of or in connection with PF’s use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against PF or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that PF authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of its copyrighted works, PF grants you a non-exclusive license to create a derivative work using its copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to PF of all rights in the work you create. If such rights are not assigned to PF, your license to create derivative works using PF copyrighted works shall be null and void.
PF has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. PF is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
7. Intellectual Property
Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by PF or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between PF and you, all right, title and interest in and to Our Content will at all times remain with PF and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks PF. PF does not transfer ownership, license, or title to any portion of Our Content to you.
Submissions and Unsolicited Ideas Policies
PF encourages your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide PF from time to time (“Feedback”). When you provide Feedback, you grant PF, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback for PF’s commercial or other use and to incorporate it into the Site or other products or services. In connection with anything you submit to PF – whether or not solicited by PF – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and PF in any way, and that you have no expectation of review, compensation or consideration of any type.
8. Third-Party Services and Content
You agree to release and to indemnify, defend and hold harmless PF and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service; your violation of these Terms; your receipt, ownership, use or misuse of any prize; and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. PF reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PF in the defense of such matter.
10. Disclaimers and Limitations on Liability
YOU ACKNOWLEDGE AND AGREE THAT PF, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE DATA OR OTHER DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF PF HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT PF, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. PF DOES NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.
PF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED BY A THIRD PARTY THAT APPEARS ON THE PF SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PF, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM SUCH INFORMATION AND CONTENT, OR FROM CAUSES BEYOND PF’S REASONABLE CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PF DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.
11. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.
You and PF agree to arbitrate all disputes between you and PF, except disputes relating to the enforcement of PF’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and PF concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and PF empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or PF must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. You must send any notice of dispute to PickFun Inc., Attention: Legal/Arbitration Notice, firstname.lastname@example.org. PF will send any notice of dispute to you at the contact information PF has for you. You and PF will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or PF may commence arbitration. You or PF may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and PF do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the State of Illinois, United States of America, and you and PF agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor PF will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
12. Additional Provisions
Claims and Copyright Infringement
Notifications of claimed copyright infringement and counter notices should be addressed to , or via physical mail to PickFun Inc., Attention: DMCA Designated Agent, 931 W. Winona St / #2 Chicago, IL 60640.
PF will respond expeditiously to claims of copyright infringement committed using the Services that are reported to its designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these Terms by PF shall be deemed a further or continuing waiver of such provision or any other provision, and PF’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Last updated July 25, 2017