Terms And Conditions


Last updated: May 3, 2012

SECTION ONE – GENERAL INFORMATION; ACCEPTANCE OF TERMS

Welcome to PlayPickle. We are glad You have decided to join our gaming community. We look forward to Your involvement with our site, PlayPickle.com (the “Site”), and the games We offer. Before You begin delving into the vast services and content available on our Site, please take a moment to review these Terms and Conditions, which represent an agreement between You (“You” or “User”) and Duck Play, LLC (“We” or “Us”), owner of the Site. It is important that You understand both the benefits We provide, as well as the rules which apply to Your use of the Site. Our goal is to make the Site a friendly and fair place for all of our gaming users.

To unlock access to Our premium content, You will be shown optional software from one of Our partners (the “Software”). You are not obligated to complete any transaction and may abandon at any time.

BY COMPLETING A TRANSACTION TO ACCESS GAMES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED IN OUR Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED IN OUR PRIVACY POLICY, YOU ARE NOT ENTITLED TO PLAY GAMES, YOU SHOULD NOT COMPLETE ANY TRANSACTION TO ACCESS GAMES, OR, IN THE CASE OF A TRANSACTION OF DOWNLOADING SOFTWARE HAS BEEN COMPLETED, YOU SHOULD UNINSTALL THE SOFTWARE. See “Uninstall Software” below.

As with many websites, when You visit the Site, the Site installs cookies and other monitoring technologies which allow Us to customize and enhance Your experience on the Site as well as make Your visits to the Site more convenient and fun. You have a right to understand the way We collect and use information about Your access to and use of the Site. This information is set forth in Our Privacy Policy. You should read Our Privacy Policy before using our Site or downloading any software to access games on Our site. If You install Software through Our Site and later uninstall that Software, all components of the Software will be removed from Your computer; however, Cookies will remain on your browser either until they expire or until you remove them using Your browser’s cookie management tools. Also, to be clear, the Privacy Policy applies to Your access to and Use of the Site whether or not You elect to play Games.

PLEASE KNOW THAT WE MAY AMEND THESE TERMS AND CONDITIONS AND THE TERMS OF OUR PRIVACY POLICY FROM TIME TO TIME. WE WILL TRY TO GIVE YOU AT LEAST FIVE DAYS PRIOR NOTICE OF ANY AMENDMENT BUT THERE MAY BE TIMES WHEN WE WILL WANT TO MAKE THE AMENDMENTS EFFECTIVE ON AN IMMEDIATE BASIS AND WE RESERVE THE RIGHT TO DO SO. AMENDMENTS WILL BE POSTED ON THIS SITE UNDER THE TABS “TERMS OF USE” AND “PRIVACY POLICY.” IF YOU CONTINUE TO USE THE SITE OR PLAY PREMIUM GAMES AFTER AN AMENDMENT IS POSTED ON THIS SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY EACH TIME YOU USE OUR SITE.

WE ENCOURAGE YOU TO KEEP A PRINTED COPY OF THE CURRENT TERMS AND CONDITIONS OF USE FOR YOUR REVIEW AND REFERENCE.

SECTION TWO – SPECIFIC CONDITIONS AND OBLIGATIONS

2.1 Eligibility. To play games offered on the Site, You must be a natural person, at least 13 years old. If You are located in any jurisdiction which imposes additional restrictions on eligibility, You are bound by those restrictions as well.

2.2 Acknowledgment of Proprietary Rights. By playing a game offered on the Site, You acknowledge that all information, content and materials contained on the Site (in any form or media, the “Site Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by Us, Our content suppliers or licensors, or by other individuals whose games have been submitted to the Site. Except for third party materials which are in the public domain, You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials.

The trademarks, logos, and service marks (whether or not registered, collectively the “Trademarks”) displayed on the Site, including the names of all games, are Trademarks of Ours and/or third parties. You have no right to Use the Trademarks in any way and nothing contained on the Site should be construed as granting to You, by implication or otherwise, any license or right to Use any Trademark without Our written permission or the written permission of the third party that owns the Trademark

You are hereby advised that We are prepared to aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that any Site Material is infringing such party’s intellectual property rights and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.

The games offered on the Site include both games owned by Us and games submitted to the Site by Users and other third parties. Each party submitting a game is required to represent and warrant to Us that the submission of the game and its use on the Site will not violate any copyright or other right of any party. If, You believe that a particular game or other content on the Site violates Your copyright or that of a party You are authorized to speak for, please follow the notification procedure by contacting support@PlayPickle.com.

2.3 Submissions and Transmissions. Any communication or material You transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, including any emails sent to support@PlayPickle.com. Anything You transmit may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, We are free to Use any ideas, concepts, know-how or techniques contained in any communication You send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to You.

2.4 Upgrades. We and Our partners reserve the right to add at any time additional features or functions to, or release new versions of, the Site or any software You download from Us (any such new features, functions or versions, “Upgrades”). The terms of this agreement shall apply equally to any Upgrades.

SECTION THREE – PROHIBITED ACTIVITIES

3.1 Prohibited Activities.You agreed that You shall not and shall not attempt to:

  • Gain unauthorized access to the Site’s systems,
  • Interfere with procedures or performance of the Site,
  • Deliberately damage or undermine the Site,
  • Play a game offered on the Site by means of automatic, macro, programmed, or similar methods, or
  • Commit fraud with regard to the Site.

Your violation of any of the terms of Section Three may result in Your civil and/or criminal prosecution.

SECTION FOUR – LIMITATION ON LIABILITY; INDEMNIFICATION

4.1 General Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT OR OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SITE OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

4.2 No Warranty.

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SOFTWARE ARE AT YOUR OWN RISK. THE SITE AND THE SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT AND FREEDOM FROM VIRUSES, AND ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Without limiting the foregoing, but to be clear, We neither warrant nor represent that Your Use of Site Materials will not infringe rights of third parties.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

4.3 Damage CaUsed by Third Parties. You agree that We are not responsible for, and We expressly disclaim any liability for, any damage, loss, or injury You may incur as a result of actions taken by other parties who access or Use the Site or Site Materials, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Site.

4.4 Indemnification. By playing any game offered on the Site, You hereby agree to indemnify, defend, and hold Us and Our affiliates and their employees, officers, directors, members, agents, content providers, licensors, licensees, distributors, and agents harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by all or any such parties in connection with any claim arising out of any breach by You of these Terms and Conditions.

4.5 Changes to Site. You understand that We reserve the right to change the content of the Site at any time, including adding, deleting or modifying games and You agree that We shall have no liability to You or anyone else claiming through You as a result of implementing Site changes.

SECTION FIVE – MISCELLANEOUS PROVISIONS

5.1 Uninstall Software. If You do not agree to accept and comply with any provision of these Terms and Conditions, or any amendment made by Us to these Terms and Conditions, You must immediately terminate Your use of the Site. If You have downloaded the Software You must immediately uninstall the Software. You may uninstall the Software by going to Uninstall Page and following the directions there to remove the Software from Your computer, or by selecting the appropriate entry in Your Control Panel Using the “Add or Remove Programs” icon.

5.2 Governing Law and Disputes. These Terms and Conditions will be governed and construed in accordance with the laws of the State of Nevada, irrespective of any principles of conflicts of law. If You have a dispute with respect to the Site, We ask that You please contact Us to resolve the same before bringing the matter to an outside tribunal. The sole and exclusive venue for disputes arising hereunder which are not settled by the good faith efforts of the parties shall be in courts of competent jurisdiction in Nevada, and You hereby submit to and irrevocably waive all objections to such venue, including the defense of forum non conveniens; provided, however that You and We each reserve the right to seek temporary injunctive relief to preserve Your or Our intellectual property rights (and in the case of Us, the intellectual property rights of Our vendors and business associates as well) in any court of competent jurisdiction in the United States.

5.3 Entire Agreement. These Terms and Conditions, in connection with the other User obligations and rules detailed in writing on the Site, constitute the entire agreement between You and Us with respect to Your use and access to the Site and can only be modified by Us as set forth above with respect to Amendments.

5.4 Severability. If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.