Terms & Conditions

By using the app or services or website you agree to be bound by these Terms and Conditions. Please read these terms and conditions carefully before accepting them. If you do not agree to be bound by these terms and conditions, do not access or use the apps or the website.

This document contains information explaining your rights to access and use PICKEM and constitutes a binding agreement between you and Eterlast. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Eterlast for products, services or otherwise.

While we make reasonable efforts to provide accurate and timely information about our Apps or Services, you should not assume that the information is always up to date or that the website contains all the relevant information available about Eterlast.

ELIGIBILITY AND ACCEPTANCE

Minimum Age to Use: PICKEM is not available to users under the age allowed by the app store from which you downloaded PICKEM. If you are under the required age, you may only access or use PICKEM if your parent(s) or legal guardian has reviewed this agreement and allowed you to access and use PICKEM. 

Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.

To access and use the full range of the products and services available on the Platform (including the Marketplace), you will be required to set up an account and register to become a Member. You must become a Member to buy a Moment from us or buy and sell Moments on our Marketplace.

You will be required to supply certain information, including personal information, in order to create an account. You may create an account by using an email address, username and password. You are the only person authorized to access and use your account and your account is non-transferable. We are under no obligation to accept any individual as a Member and we reserve the right to accept, reject or revoke any membership application or Member.

‍

You can sign up for marketing emails to hear the latest news about our Platform, but you can unsubscribe at any time by clicking the link in any emails you receive from us. For more information about how we use your personal information, please read our which is incorporated into these Platform Terms by reference.

‍

We reserve the right to deactivate an account at any time, including, without limitation, if it is determined that a Member has violated these Platform Terms.

PRIVACY

Providing our services requires collecting and using your personal information. The Privacy Policy explains how we collect, use, and share information. It also explains the ways you can control your information access.

GAME REWARDS

Although PICKEM is an app where users can make predictions on sporting events, it is neither a betting app nor a betting service. This means that users cannot receive actual monetary prizes, either directly or indirectly, nor can they wager gambling assets that can be substituted for the role of money within the app.

‍

USER LICENSE

Subject to Your compliance with these T&C, We grant You a personal, non-transferable and non-exclusive, limited and revocable license to use Eterlast mobile Apps and Site for Your personal, non-commercial use in accordance with these T&C. All rights not expressly granted are reserved.

As a part of the Services, PICKEM may make available to You various content via the Apps and Site, including any software, images, pictures, graphics, photographs, animations, audio, visual, audiovisual works and text or other content (“Content”). The Content is the property of Eterlast or Our suppliers, and You do not gain any rights to the Content due to using the Apps or the Site.

The rights granted to you in this Agreement are subject to the restrictions, where You are not permitted to, and You agree not to permit or authorize others to:

  1. Copy, modify, reverse engineer, create derivative works from or distribute PICKEM mobile App or any part thereof or Site, or any copy, adaptation, transcription, or merged portion of it;
  2. Decode, disassemble, decompile or otherwise translate or convert PICKEM mobile App or the Site;
  3. Distribute, publicly display and broadcast the Apps or the Site;
  4. Sell, transfer, loan, lease, assign, rent, or otherwise sublicense PICKEM mobile App or Your access to the App or the Site;
  5. Use the Services or the Content for any purpose other than Your personal use;
  6. Remove, alter, or obscure any copyright, trademark, attribution and any other proprietary notices from the Apps or the Site or the Content.

If You want to use PICKEM mobile App for some commercial purposes, please contact Us via email or tapping on contact button here: https://www.eterlast.com/

YOUR OBLIGATIONS

  • You are using the Services solely for Your own personal use and are acting in Your own legal capacity and not on behalf of another person or company.
  • Your use of the Services is at Your sole discretion and risk.
  • You will not conduct criminal or other unlawful activities through PICKEM mobile App and the Site and You shall not allow other persons to use PICKEM mobile App installed on Your Device for any unlawful activities under any law applicable to You or Us.
  • You will not solicit or in any way seek to obtain any information, including personally identifiable information, relating to other users.
  • You will not intercept or monitor, damage or modify any communication which is not intended for You.
  • You will not upload or distribute any software program, file or data that contains viruses, spiders, robots, worms, trojan-horse or any code or instructions which are corrupted or may negatively affect the Services performance.
  • You will not impact or attempt to impact the availability of the Services, with a denial of service (DOS) or distributed denial of service (DDoS) attack or use the Services in a way that could damage, disable, overburden, or impair its functioning;
  • You will not attempt to modify, decompile, reverse-engineer or disassemble PICKEM mobile Apps in any way.
  • You will not post, submit or transmit, including with using masks or video effects, through  PICKEM mobile Apps any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, material containing nudity or sexual content, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law to Us, to any other users of Services or to any other third parties.
  • You will not sell or otherwise transfer Your profile.
  • You will not use any information obtained from the Services in order to harass, abuse, or harm another person.
  • You will not initiate and/or engage in surveys, contests, chain letters or post/transmit “junk mail”, “spam” or any unsolicited mass dissemination of email against (or relating to) Us or other users;
  • You will not use any Content that is subject to any third party proprietary rights, unless You have a license or permission from the owner of such rights;
  • You will not interfere with any other party’s use and enjoyment of the Services;
  • You will not submit, post, upload or grant Us access to any information or material that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, or other Intellectual Property Rights;
  • You will not encourage or promote any activity that violates these T&C.

THIRD PARTY CONTENT

The Platform may contain links or references to other websites, products, services or other materials or content ("Third-Party Content"). We are not responsible for any Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third-Party Content is independent from Eterlast, and Eterlast has no control over the Third-Party Content.

FEEDBACK

Separate and apart from Your content you provide, you may submit questions, comments, feedback, suggestions, improvements, ideas for new products, technologies, promotions, product names, product improvements (“Feedback”). If You send any Feedback to Us through  PICKEM mobile App or Site, You acknowledge and agree that We shall not be under any obligation of confidentiality with respect to the Feedback and You agree that PICKEM shall have the right to use such Feedback and related information in any manner it deems appropriate. Please do not send us Feedback if you expect to be paid or want to continue to own or claim rights in it.

By submitting your Feedback, you grant PICKEM and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sublicense the Idea and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Feedback, you hereby release PICKEM and its agents and employees from any claims that such use violates any of your rights.

TRACKING TECHNOLOGIES ON PRODUCT

In operating the Services, we may use tracking technologies such as cookies to recognize your browser, learn more about your interests, provide you with essential features and services and for additional purposes, including:

  • Conducting research and diagnostics to improve our offerings.
  • Preventing fraudulent activity.
  • Improving security.
  • Delivering content, including ads, relevant to your interests.
  • Reporting. This allows us to measure and analyze the performance of our offerings.

A cookie is a small piece of text that is sent to a browser. The browser provides this piece of text to the originating server when the visitor returns. Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. The ‘Help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. If you disable all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

Due to using Google Analytics certain data is gathered automatically, such as Internet protocol (IP) addresses, browser type, referring/exit pages, operating system and/or clickstream data.

TERM AND TERMINATION

These T&C come into force from the moment of Your first use of the Services.

You may terminate these T&C at any time by sending Us a written notice of the termination. Or You may simply delete PICKEM mobile App.

After termination of these T&C for any reason whatsoever any rights, obligations and/or liabilities accrued before the date of termination shall continue in force until their full completion.

You acknowledge and agree that We are authorized to block Your access to the Services for any violation of these T&C.

Further, We may terminate these T&C with immediate effect at any time, unless circumstances dictate that We legally or practically cannot do so. You acknowledge that We are not obliged to explain You the reasons for terminating these T&C and Your access to the App.

Upon termination, You shall cease all use of the Services, and destroy all copies, full or partial, of PICKEM mobile App.

MISCELLANEOUS

If we fail to enforce any of our rights, that does not result in a waiver of that right.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

You may not transfer or assign any or all of your rights or obligations under these Platform Terms.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms shall be governed by English law. You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts.

CONTACT US

If you have questions, concerns or complaints about this privacy notice or our processing of your personal data more generally, please contact us at: info@eterlast.com

C/O Founders Factory Northcliffe House, Young Street, London, United Kingdom, W8 5EH

You also have the right to complain to the applicable data protection authority. In data protection authority in the UK is the Information Commissioner’s Office (//ico.org.uk/make-a-complaint).

CHANGES ON THE TERMS & CONDITIONS

We update this privacy notice from time to time and you are advised to check this website regularly to make sure you are familiar with the most recent version.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

This document was last updated on January 7th, 2024.

‍