Terms of Service
Posted: Jan 1, 2015
Effective: Jan 1, 2015
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your contact information and name and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. You give us permission to do those things and this permission extends to trusted third parties we work with.
Sharing Your Stuff
Our Services let you share Your Stuff with others, so please think carefully about what you share.
You’re responsible for your conduct, Your Stuff and you must comply with these terms. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so. Please don’t share any pornographic photos, content, or use the services to conduct any unlawful business.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, EZ Football Pool trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Contact Us link. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
Billing. You can sponsor any game you create with your EZ Football Pool account. By sponsoring a game, you remove the ad that was currently occupying that space. You use the in-app purchase to do this. The in-app purchase only gives you the ability to sponsor the single game. If you create multiple games, you can sponsor as many games as you want but you will have to use the in-app purchase to sponsor each game. For instance if you create game 1 and sponsor it with the in-app purchase and it cost you .99 cents. That .99 cents cover game 1 only. If you create Game 2, you don’t have to sponsor it. A generic ad will show up. However, if you want to sponsor it also, you will have to use the in-app purchase and pay another .99 cents to sponsor that ad.
No Refunds. You may cancel your EZ Football Pool Account at any time but you won’t be issued a refund.
EZ Football Pool for Business
Email address. If you sign up for an EZ Football Pool account with an email address provisioned by your employer, your employer may be able to block your use of EZ Football Pool until you transition to a EZ Football Pool for Business account or you associate your EZ Football Pool account with a personal email address.
Using EZ Football Pool for Business. If you join an EZ Football Pool for Business account, you must use it in compliance with your employer’s terms and policies. Please note that EZ Football Pool for Business accounts are subject to your employer’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your EZ Football Pool for Business account. They may also be able to restrict or terminate your access to an EZ Football Pool for Business account. If you convert an existing EZ Football Pool account into an EZ Football Pool for Business account, your administrators may prevent you from later disassociating your account from the EZ Football Pool for Business account.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, EZ FOOTBALL POOL AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EZ FOOTBALL POOL, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EZ FOOTBALL POOL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $5 OR THE AMOUNTS PAID BY YOU TO EZ FOOTBALL POOL FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against EZ Football Pool, you agree to try to resolve the dispute informally by contacting us using Contact Us on our website at EZ Football Pool.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or EZ Football Pool may bring a formal proceeding.
We Both Agree To Arbitrate. You and EZ Football Pool agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and EZ Football Pool agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Texas (TX). Both you and EZ Football Pool consent to venue and personal jurisdiction there.
These Terms will be governed by Texas law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and EZ Football Pool with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
EZ Football Pool’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EZ Football Pool may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account or posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.