Gaming Network Sports Picks Poker Spades Community InsideNation!

Terms of Service

InsideNation.com ("InsideNation" or "InsideNation.com") provides free, international online gaming entertainment and services to any person ("you" or "your") who completes the registration process to become a member of the Service and is accepted by InsideNation.com to become a member on the following terms, which may be updated by InsideNation.com from time to time without notice to you.

This document was last updated on January 24th, 2007.

BY CHECKING THE "I ACCEPT" BOX AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.

General Terms, Definitions and Interpretations.
1. Definitions. The following terms shall have the following meanings in this agreement:
  1. "Privacy Policy" shall mean the document setting forth the policies of InsideNation.com regarding the collection, retention, and use of the personal information of those that use the InsideNation.com site.
  2. "Site" shall mean the InsideNation.com website.
  3. "Sponsor" shall mean InsideNation.com
2. Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
3. Subsection References. References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
4. Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
Methods of Membership
1. Basic Memberships
  1. Basic Membership is 100% free, and is obtained immediately after entering the required details on the InsideNation.com Signup Form.
2. Pick Premier Membership
  1. InsideNation.com charges a monthly subscription fee ($20/month) to access certain areas of our PickInside site and receive certain membership benefits such as our PickMaster Picks each week and a subscription to our IN Magazine. These benefits are not available to Basic members. Pick Premier members will also be automatically enrolled in our Pick Premier Leaderboard each month without having to complete a mail-in registration.
    1. YOUR PICK PREMIER MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
3. Poker Premier Membership
  1. InsideNation.com charges a monthly subscription fee ($20/month) to access certain areas of our PokerInside site and receive certain membership benefits such as our Poker School, videos, strategy guides, and more. These benefits are not available to Basic members. Poker Premier members will also be automatically enrolled in our Poker PremierLeaderboard each month without having to complete a mail-in registration.
    1. YOUR POKER PREMIER MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
4. InsideNation.com reserves the right to change the fees or billing methods at any time. Notice of any change will be posted on InsideNation.com at least thirty (30) days in advance of the change. You are responsible for reviewing the billing requirements of InsideNation.com to obtain timely notice of such changes. Continued use by you of the Service thirty (30) days after posting of the changes on InsideNation.com constitutes acceptance of such changes. If you decide to cancel your Pick Premier membership, which you can do at anytime, InsideNation.com will not refund any fees accrued to your account before you cancelled. InsideNation.com will not prorate fees for any membership. If your use of our services is subject to use or sales tax, InsideNation.com may charge you for any use or sales tax.
Description of Play.
1. PickInside
  1. Picking Games
    Members can log in to InsideNation.com and pick their predicted winners of sports games posted. Games are posted up to 7 days in advance, and winners may be picked until one hour before the game starts. Within 24 hours of the game being finished, the score will be inputted into the InsideNation.com system. If you picked the game correctly, you will win Nibs. If you picked incorrectly, you will lose Nibs. Some games may take up to 24 hours for scores to be posted.
  2. Leaderboards
    PickInside Leaderboards have been created for entertainment purposes and to reward the top-performing members. It is your responsibility to read the rules for each Leaderboard, which may change at anytime with or without notice to you. InsideNation.com always reserves the right to review the members on the Leaderboard to examine for fraud or misuse. Leaderboards may be cancelled at any time, with or without notice.
  3. PickMaster
    Our PickMaster's picks are reserved for Pick Premier members only. Pickmaster Picks provide information and recommendations intended for news and entertainment purposes only. Any use of this information in violation of any state, federal, or local laws is prohibited. The site does not endorse, engage in, or provide any gambling or gaming activities and does not accept or place wagers of any kind. Promotion of gambling sites is forbidden from this service.
    The PickMaster service is operated by InsideNation.com only, and you agree to keep the PickMaster Picks 100% confidential. All PickMaster Picks are the property of InsideNation.com, and any members that either post the picks on the internet, send them in emails, or attempt to charge others for their access will have their Pick Premier service stopped immediately with no refund. These persons may also be subject to additional copyright infringement charges.
  4. Cash and Prize Rewards
    PickInside provides all members an equal chance to win cash and/or prizes from our Leaderboards or other competitions, without any risk to you. While the Pick Premier Leaderboard is available for auto-enrollment for all Pick Premier members, Basic members can enroll in the Pick Premier Leaderboard as well, for free.
  5. Prize Eligibility
    All members are eligible to win cash prizes, as long as you abide by the terms of service and all information on file is accurate and distinct. Any prizes that include shipping are not be available to members located outside of the United States of America. If you do not live in the United States of America, you are not eligible to win any prize that requires shipping. No replacement prize will be awarded.
  6. Pick Premier Leaderboard Prize Eligibility
    In order to be eligible for the Pick Premier Leaderboard cash payouts, you must be enrolled into the Pick Premier Leaderboard before the week begins. There are two methods of enrollment into the Pick Premier Leaderboard, each having an equal chance to win:
    1. Pick Premier Auto-enrollment
      As a Pick Premier member, you will automatically be enrolled in the Pick Premier Leaderboards every week. You will not need to do any manual enrolling or registration to win cash or prizes.
      1. By upgrading your account from Basic to Pick Premier, you understand that you are paying a $20/month subscription fee in order to access our PickMaster's picks each week. You agree that your payment of $20/month is strictly for the PickMaster's picks, and that you are not likely or expected to win any cash or prizes. You also understand that you will not have any greater chance of winning any prizes as a Pick Premier member than you would as a Pick Basic member.
    2. Mail-in Entry
      OFFLINE, NO-PURCHASE-NECESSARY, METHOD OF ENTRY
      As an alternate means of entry into our Pick Premier Leaderboard, you may:
      1. Register at PickInside.com as a Pick Basic member and
      2. For each seven day period that you want to participate in Pick Premier Leaderboard to win prizes, send a 3 inch x 5 inch card on which the member has legibly handwritten the player's InsideNation.com username, First and Last Name, Complete Mailing Address (e.g. Street, City, State, ZIP code), Email Address, Date of Birth, and the seven day period beginning at 12:01 a.m. Eastern time on the first day and ending at midnight on the seventh day in which the player would like to participate (one seven day period per card) in mm/dd/yyyy format. The card must be placed in a #10 envelope, and mailed to P.O. Box 8609, Scottsdale, AZ 85258. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. Limit: 10 cards per envelope.
      3. Entries must be received no earlier than fourteen (14) calendar days prior to the seven day period in which entry is requested and no later than seven (7) calendar days prior to the seven day period in which entry is requested. PickInside.com will update your account within 48 hours of receiving your enrollment card in the mail, stating that you are currently enrolled in the Pick Premier Leaderboard until further notice. InsideNation.com shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail.
      4. Approved mail-in entries will win and lose Nibs exactly the same as auto-enrolled members.

The odds of winning any prize will be the same by mail in entry as by auto-enrollment as a Pick Premier member.
This method of entry is valid only for the Pick Premier Leaderboard, and will not grant you access to the PickMaster's Picks or any other Pick Premier membership benefits.

General Rules Applicable to All Leaderboards and Challenges
1. All Leaderboards will begin at the time designated in the Leaderboard details, which may be found on the Leaderboard pages.
2. Each member will begin the challenge at the same starting point in each competition, usually represented by 0 Nibs.
3. Late registration will never be allowed.
4. Members may pick any open games. Games are generally open beginning 7 days prior to the start date, and are usually locked one hour prior to the game's start time.
5. In general, you can pick as many games as you want, and are not required to pick any.
Player Eligibility
1. Subject To Local Laws. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and InsideNation.com does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the InsideNation Leaderboards, or that materials on this Site are appropriate for use in your Jurisdiction. InsideNation.com does not intend that the Site be used by persons present in Jurisdictions in which the playing of games of chance for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by InsideNation.com for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and InsideNation.com asserts that, InsideNation.com shall not have any responsibility under any laws in any Jurisdiction, other than the state of Arizona in the United States. InsideNation.com further reserves the right to require you to provide proof that you are eligible to participate and win prizes from InsideNation.com Leaderboards prior to payment of any winnings or prizes. InsideNation.com also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
2. Parental Control
  Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in the Leaderboard sweepstakes in the applicable Jurisdiction, whichever is higher.
Registration
1. Initial Account Establishment
  To register on the Site and become a member, you must complete the signup form at PickInside.com and affirmatively accept these terms of use and the associated privacy policy. You will be asked to create a username and password to enable access to your account to manage your account.
2. Continuing Duty and Affirmation
  Each time you use the Site, you represent and warrant to InsideNation.com that: (i) you are at least eighteen (18) years of age, or the legal age to participate in the Leaderboards in your applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in Leaderboard sweepstakes, and InsideNation.com's offering and operating the Leaderboard sweepstakes are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by InsideNation.com. By applying for registration, you authorize InsideNation.com to make any and all enquiries as InsideNation.com in its sole discretion considers necessary to verify the information provided by you. InsideNation.com may require you to submit such proof of age, identity and place of residence as it may require, at any time. InsideNation.com reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
3. No Employees
  No employee of InsideNation.com or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to win any prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
4. Changes to Your Account
  In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform InsideNation.com immediately by sending an e-mail to support@InsideNation.com .
5. One Account Only
  You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for your self. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.
6. Affirmation of Skill & Fairness
  YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE LEADERBOARD SWEEPSTAKES, OR TO WIN ANY CASH OR PRIZES. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
Premier Membership Services
1. Billing Authorization
  By completing any Premier registration on InsideNation.com, you authorize InsideNation.com to charge applicable recurring Premier fees to your designated credit card. Monthly Premier members are billed on a 30-day cycle, which begins the first Sunday following your Premier registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter. You are billed one time at the beginning of each applicable billing period. If you do not cancel before the end of the period, InsideNation will automatically renew your Premier plan at the end of the period and you will be billed according to the plan you are currently on.
2. Taxes
  If your use of our services is subject to use or sales tax, then InsideNation.com may also charge you for any such taxes, besides the Premier fee or other fees published at InsideNation.com.
3. Billing Changes
  InsideNation.com reserves the right to change our fees or billing methods at any time. InsideNation.com will post any such changes in this Terms and Conditions section on at least thirty (30) days before they become effective. You are responsible for reviewing the terms and conditions section of InsideNation.com to obtain timely notice of such changes. Continued use of the Service of thirty (30) days after posting of the changes on InsideNation.com means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Premier membership.
4. Refunds
  InsideNation.com will only refund fees that have not accrued to your account before cancellation of your Premier membership.
5. Cancellations
  To cancel your Premier membership visit InsideNation.com and login to the Member's area and click on Account Details. You can cancel your Premier membership anytime.
6. Free Trial Periods
  If you accept a free trial of any Premier service, we will bill your Account when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using InsideNation.com, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.
Account Identifiers
1. Secrecy Obligation
  Once you have selected and been allocated a unique username, password and/or PIN or other appropriate security code ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify InsideNation.com by sending an e-mail to security@InsideNation.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of InsideNation.com. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified InsideNation.com as provided herein) will be treated as valid.
2. No Transfer
  Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in our Leaderboard sweepstakes, and in no event any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
3. You Are Responsible
  You agree to be solely responsible for all use of the Site (including without limitation participation in Leaderboard sweepstakes) through the use of any of your Identifiers (except where you have notified InsideNation.com as provided above) and you agree to indemnify and hold harmless InsideNation.com, along with its parent company, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.
No Interest
Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from InsideNation.com, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
Account Suspension
1. Right To Cancel Account
  InsideNation.com reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
2. Investigation
  If your account is terminated or suspended, InsideNation.com reserves the right to determine whether to declare as void any transactions placed by you.
Site Use
1. Services May Change or End
  InsideNation.com reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
2. You Must Obey Guidelines and Rules
  When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from InsideNation.com and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
3. Telecom and Access Fees
  You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
4. Odds, Risk and Fair Play
  You acknowledge and agree that, while the Leaderboards are designed to be skill based contests that measure your ability to pick sports games and manage risk against the skills of others, it is arguable that the challenges are NOT skill based. You ackknowledge that you are not likely to profit from this entertainment and educational endeavor.
5. Cheating
  You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If InsideNation.com believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and InsideNation.com reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
6. Behavior & Responsibility
  1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.
  2. You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any InsideNation.com web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any InsideNation.com Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any InsideNation.com Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
  3. You shall accept and abide by the Leaderboard rules set forth on the contest rules web page, to be amended from time to time by InsideNation.com in the sole discretion of InsideNation.com.
  4. You agree that InsideNation.com is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any InsideNation.com Site or any third party site.
  5. Any attempt to defraud any InsideNation.com site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
  6. You agree that InsideNation.com is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any InsideNation.com site or your account.
  7. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any InsideNation.com site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the InsideNation.com site, you agree to indemnify, defend, and hold InsideNation.com harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
  8. You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing Leaderboards on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of InsideNation.com.
7. Computer Errors
  You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify InsideNation.com by e-mail at support@InsideNation.com. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and InsideNation.com reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. InsideNation.com will not be liable for any alleged winnings that are, in InsideNation.com's sole discretion, the result of a system error or malfunction.
8. Verification
  Whenever InsideNation.com requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by InsideNation.com. Such materials will become the property of PickInside.com and will not be returned to you.
9. Referrals
  1. You may use any of the InsideNation.com content to refer people to InsideNation.com, in accordance with these terms of service.
  2. InsideNation.com may reward you with Nibs for referrals, and you may win cash or prizes from the Referral Leaderboards, but InsideNation.com will not currently pay for referrals on a "per acquisition" basis.
  3. By entering a referral e-mail address, you hereby authorize InsideNation to use your name to extend an invitation to the user of that e-mail address to join InsideNation.
  4. We may modify any of the terms and conditions of or cancel the referral program, at any time and in our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available bonus, and of referral program rules.
  5. Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure.
Third Party Websites
1. Other Sites Are Not Our Responsibility
  This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of InsideNation.com and you acknowledge that InsideNation.com is not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that PickInside.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
2. Future Marketing
  You hereby acknowledge and agree that InsideNation.com and/or its affiliates may market products and services to you in the future.
Proprietary Rights
1. Intellectual Property
  You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of InsideNation.com. Except as expressly authorized by InsideNation.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
2. License
  InsideNation.com grants you a personal, non-transferable and non-exclusive right and license to use any necessary software or website used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by InsideNation.com for use in accessing the Site.
Privacy
1. The InsideNation.com site is not open to anyone under the age of eighteen (18).
2. The InsideNation.com site privacy policy is set forth at http://www.InsideNation.com/supports/privacy.php. You hereby agree to the terms of this policy and acknowledge that such terms and policies may be changed without specific notice to you.
No Warranty.
1. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PickInside.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICKINSIDE.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
4. InsideNation.COM DOES NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, InsideNation.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL.comPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR.comPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL PICKINSIDE.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL PICKINSIDE.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PICKINSIDE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
Indemnity
You agree to defend, indemnify and hold harmless InsideNation.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any PickInside.com site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
Right To Cancel Challenges or Leaderboards
1. If InsideNation.com, its parents, affiliates, managers, or directors determines that operating the Leaderboard sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the Leaderboards, or insufficient participation in the contests, then the Leaderboard sweepstakes may be ended by InsideNation.com and InsideNation.com shall owe you nothing. InsideNation.com, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the Leaderboard sweepstakes is cancelled.
Miscellaneous
1. Incorporation
  You agree that this agreement and all incorporated agreements may be automatically assigned by InsideNation.com, in its sole discretion, to a third party in the event of a merger or acquisition.
2. No Waiver
  InsideNation.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. PickInside.com's failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
3. Severability and Integration
  Unless otherwise specified herein, this agreement constitutes the entire agreement between you and InsideNation.com with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and InsideNation.com with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
4. Notices
  Except as expressly stated otherwise, any notices to InsideNation.com shall be made by registered mail to InsideNation.com, Attention: Legal Department, P.O. Box 8609, Scottsdale, AZ 85258. Notices to you may be made to the e-mail address you provide to InsideNation.com during the registration process or by postal mail (including registered mail) to the address you provide to InsideNation.com during the Premier registration process. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
5. Time Limitations
  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
6. Choice of Law and Forum
  These terms shall be governed by and construed in accordance with the laws of Arizona, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the Leaderboard sweepstakes or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in Section 17.g of these terms.
7. Dispute Resolution
  You and InsideNation.com agree that any Dispute between you and InsideNation.com will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") and conducted under its rules, except as otherwise provided below. You and InsideNation.com will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and InsideNation.com. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Las Vegas, Nevada. If you prevail in the arbitration of any Dispute with InsideNation.com, InsideNation.com will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from InsideNation.com, or iii) any other dispute arising out of or relating to the relationship between you and InsideNation.com; the term "InsideNation.com" means InsideNation.com and its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by InsideNation.com. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.

By accessing this website and/or joining InsideNation.com as a Basic or a Premier member, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.