Account Agreement for PickAnyNumber.com

The following describes the terms on which PickAnyNumber.com offers you products and services. By pressing the "Register" button you accept the terms and conditions below.

This Agreement provides the terms and conditions governing the use of Account services on the PickAnyNumber.com Web Site (www.pickanynumber.com), hereafter referred to as "Our Site." Accounts on Our Site provide registered users (or "Account") with a package of content and services. PickAnyNumber.com may, at its discretion, add or delete features. By registering with PickAnyNumber.com, you agree to use Our Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

  1. Price and Payment

    PickAnyNumber.com's content and services are available FREE of charge, exclusive of other Internet or other telecommunications fee.

  2. Accounts

    PickAnyNumber.com limits you to one (1) Account per person. Anyone found creating artifical accounts will have all the accounts deleted and/or any prize forfeited.

  3. Games

    PickAnyNumber.com allows you to play certain games of chance at no cost.

  4. Contest

    PickAnyNumber.com may offer contests to all Accounts. PickAnyNumber.com has the final descion as to what contests to run, how long they run and what points are awarded.

  5. Points

    PickAnyNumber.com offers a way to get points to be used towards prizes. PickAnyNumber.com may change the points required, how to accumlate points, or how many points are awarded for each service at anytime. PickAnyNumber.com will not remove points from an Account unless they were found to be in violation of the Account Agreement, in this case the Account may be terminated as well.

  6. Prizes

    PickAnyNumber.com does not guarantee that everyone playing will get a prize. To claim a prize certain information is needed, if any of that information is missing or the Account is found to be in violation of the Account Agreement PickAnyNumber.com will reject the claim for the prize.

  7. Terms of Accounts

    Accounts are available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique PickAnyNumber.com Account name and password.

  8. Communication

    PickAnyNumber.com may from time to time email the Account to provide you with notifications on Account or emails that you have subscribed to. PickAnyNumber.com will NEVER ask for your password at anytime. You must agree to receive emails sent from PickAnyNumber.com to Account. These emails will be infrequent.

  9. Email

    An Account must provide a valid email address and maintain that address. PickAnyNumber.com may at times use this email address for communication of PickAnyNumber.com matters. PickAnyNumber.com will in no way ever sell or subscribe Account's email address to third-party services. If PickAnyNumber.com sends an email to an Account which bounces, PickAnyNumber.com may terminate the account without warning due to an invalid email address.

  10. Cookies

    PickAnyNumber.com uses cookies to track logins and referrals. This cookie information is only used on Our site. PickAnyNumber.com does not track or record personal information about Account.

  11. Non-activity

    If an account has not been accessed within 90 days, a warning notice will be emailed to the Account to login within one week. After the one week period, if the Account has not logged in, the account may be terminated without warning.

  12. Account Information Guidelines

    PickAnyNumber.com encourage the free exchange of ideas. The following is a non-exclusive list of actions and content that are not permitted on Our Site:

    1. Any use of copyrighted material without the expressed permission of the author or owner, with specific regard to issues of software piracy.
    2. Any material that encroaches the rights of others, including clear expressions of bigotry, racism, or hatred.
    3. Any material that is perceived by PickAnyNumber.com or other Accounts of PickAnyNumber.com, as abusive, deceptive, profane, slanderous, offensive, or inappropriate, including explicit pornography.
    4. Any material that violates any laws or regulations of any governing body with jurisdiction over PickAnyNumber.com, its affiliates and Accounts.

    It is policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.

  13. Privacy

    PickAnyNumber.com will never release the name or other personal information about an Account without the permission of that Account. The exchange of information between PickAnyNumber.com and the Account such as passwords or electronic mail may not be secure given the current state of the Internet. PickAnyNumber.com encourages Accounts to change their password frequently. Postings and other communications with PickAnyNumber.com are not private and may be published and edited at the discretion of PickAnyNumber.com unless specifically instructed otherwise.

  14. Copyrighted Material

    All material on Our Site including, without limitation, text, software, photos, video, graphics, music and sound, are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by PickAnyNumber.com or a third-party content provider is allowed by Accounts for personal use. Accounts may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be placed on Our Site without the express permission of the author or owner of the copyright on that material. If PickAnyNumber.com becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party who alerts PickAnyNumber.com, through an appropriate notice as required under Copyright Law, of the specific location of the alleged presence of such materials, PickAnyNumber.com will: - Promptly take down or block access to the allegedly infringing material; and - Contact the Account responsible for the material and alert him or her of the allegations of copyright infringement and of PickAnyNumber.com's take down or blocking of the allegedly infringing material.

    If an Account believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, that Account shall provide PickAnyNumber.com a counter notification establishing the Account's rights to display the material in question, as well as any other information PickAnyNumber.com shall request. Upon receipt, PickAnyNumber.com will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, PickAnyNumber.com will re-post or unblock the material within 10-14 business days.

  15. Limitations of Liability and Warranty

    The Account agrees that the use of Our Site is entirely at the Account's own risk. Our Site is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither PickAnyNumber.com nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with Our Site.

    The Account specifically agrees that PickAnyNumber.com or third-party content providers are not liable for any conduct by Accounts associated with Our Site, including, but not limited to, message boards.

    PickAnyNumber.com and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on Our Site and are not responsible for:

    1. errors or omissions arising from the use of such information;
    2. failures, delays, or interruptions in the delivery of any content or services contained within Our Site; or
    3. losses or damages arising from the use of the content or services provided by Our Site.

  16. Our Site Availability

    PickAnyNumber.com will do what it can to make Our Site available at all times. This may not be possible and Our Site may be unavailable during certain times. This may be due to problems including, but not limited to, power failures, network outages, router problems, DNS mis-configurations, hardware, and software failure. PickAnyNumber.com will do what it can to return Our Site to functioning status as soon as possible.

  17. Indemnity

    An Account agrees to indemnify and hold harmless PickAnyNumber.com and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the Account's use of Our Site. This expressly includes:

    1. Account's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and
    2. any libelous or unlawful material contained within the photo description or message board.

  18. Termination of Service

    PickAnyNumber.com may terminate an account and any and all information, communications, postings, or information at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by PickAnyNumber.com elsewhere on Our Site. PickAnyNumber.com may terminate Accounts and delete any and all information, communications, postings, or information for online conduct that PickAnyNumber.com believes is harmful to other Accounts, the business of PickAnyNumber.com, or other third-party information providers.

  19. Choice of Law

    This Agreement shall be constructed and controlled by the laws of the State of New York, without regard to its conflict of law provisions. The laws of the State of New York will govern any dispute arising hereunder. The Account agrees to personal jurisdiction by the state and federal courts of the State of New York, and agrees a venue within the State of New York.

  20. Merger Clause

    This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between PickAnyNumber.com representatives and the Account. PickAnyNumber.com may amend this Agreement at any time with notice from PickAnyNumber.com to the Account as published on Our Site.

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