Welcome to WMFD.com You Pick It  Challenge.  This service is offered free of charge to users in conjunction with this web site using proprietary software of WMFD.com. Your (ďEnd UserĒ) use of the Service is, however, conditioned upon completion and acceptance of the ďEnd User AgreementĒ Terms of Service, as well as continued compliance with its provisions.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.  BY CHECKING THE "I ACCEPT" CHECKBOX AND REGISTERING WITH THE WMFD.com, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION.  IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT FINISH REGISTRATION AND PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN.

 

General

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This site is operated in part by one or more licensees of WMFD.com, who owns and maintains the services (the "Service") offered on this site. End User understands and agrees that the Service is provided to him/her exclusively under WMFD.com's End User Terms of Service. By completing the registration process, End User is stating that he/she has read and understands the End User Terms of Service, and that he/she agrees to be bound by them.

 

WMFD.com may modify this End User agreement at any time, and may terminate End Userís use of the Service or otherwise revise any or all aspects of the Service in its sole discretion and without prior notice. End Userís continued use of the Service now, or following the posting of notice of any changes in this End User Agreement, will constitute a binding acceptance by End User of such rules, changes or modifications.

 

End User represents that he/she is at least 18 years of age and, if acting on behalf of a group or organization, has the authority to do so.   Any minor using the system shall do so only with the consent of a supervising parent or guardian who shall execute an End User Agreement on behalf of such minor.  End User is responsible for all use of the Service under End Userís password. End User acknowledges that he/she is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). End User, or parent or guardian, as the case may be, agrees to supervise usage of the Service by minors, if any, whom End User permits to use the Service.

 

End User Responsibilities

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End User is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. End User acknowledges and agrees that he/she is solely responsible for maintaining the confidentiality of his/her account name and/or password. End User agrees that he/she is entirely responsible for all uses of his/her account, whether or not authorized by End User. End User agrees to notify WMFD.com immediately of any unauthorized use of his/her account. End User agrees to ensure that any content or information he/she provides will at all times be accurate, complete and not misleading.  End User agrees not to place on this site any content that violates, plagiarizes or infringes upon the rights of others, including copyright, trademark, the right of privacy or the right of publicity, or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive, or otherwise illegal. End user agrees not to solicit the performance of any activity that is prohibited by law.  End User agrees to comply with all applicable laws, rules and regulations in connection with this End User Agreement.  End User agrees not use the Service in connection with surveys, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). End user agrees not to restrict or inhibit any other user from using and enjoying the Service. If End User uses this site from outside the United States of America, he/she is entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Service.

 

Privacy

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As part of the registration process, End User will provide certain personal information to WMFD.com and its licensees.  Except as provided herein, WMFD.com and its licensees agree to use the End User individualized information only for internal purposes; WMFD.com and its licensees may, however, provide the End User information, in an aggregate form with the information of other End Users, to third parties, but only in such a way that the End Userís individual privacy is protected.  WMFD.com and its licensees/ sponsors may contact End User periodically to provide him/her with news, other information, or offers which it believes would be of interest to him/her.  Opt-out mechanisms are available if End User prefers not to provide his/her information to third parties.  All uses of End User information will be in accordance with the provisions of WMFD.com's Privacy Policy, which can be accessed by clicking on the link titled "Privacy Policy" at the bottom of this web page.

 

Content and Monitoring

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WMFD.com is a distributor and a publisher of content supplied by third parties and users of the Service. Accordingly, WMFD.com has editorial control over such content but many not monitor all content below it is posted.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of WMFD.com. End User understands and acknowledges that WMFD.com neither endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice, information, or statement made in use of the Service by anyone other than authorized WMFD.com employee spokespersons while acting in their official capacities.

 

WMFD.com has the right, but not the obligation, to monitor and review the content on the Service and End Userís account to determine compliance with the conditions of use and operating rules established by WMFD.com, to satisfy any law, regulation or authorized government request, or for other reasonable purposes.  If WMFD.com becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of End Users of the Service with law enforcement agencies.  End User assumes all risk and liability with respect to use of the Service, including End Userís continued compliance with the End User Agreement.

 

By using the Service, End User irrevocably grants WMFD.com and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting there from for marketing and other geo-targeting purposes; provided. Such use maybe personally identify End User. End User agrees to the use of Name , likeness and other personal information on this site or parent companies without compensation or further compensations.

Except as otherwise expressly noted on this site, End User is hereby authorized to use the contents solely for his/her noncommercial, personal use.  Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of owner of such material. Copying, redistribution, or publication of copyrighted material, or changes to or deletion of author attribution or copyright notice are prohibited. Downloaded software may not be reverse engineered unless specifically authorized by owner of the software.  End User may download public domain content for its own use. End User assumes all risks regarding the determination of whether any content is in public domain.

 

Third Party Interaction

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This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by WMFD.com.  Such links do not constitute an endorsement by WMFD.com of those sites.  End User agrees that WMFD.com is providing these links to End User only as a convenience, and further agree that WMFD.com is not responsible for the content of such sites.  In End Userís use of this site, he/she may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors and other users of this site.  Any such correspondence, purchase or participation, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or participation is solely between End User and the applicable third party.  End User agrees that WMFD.com has no liability, obligation or responsibility for any such correspondence, purchase or participation between End User and any third party.

 

Trademarks

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Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of WMFD.com or other entities.  End User is not authorized to use any such marks.  Ownership of all such trademarks and other intellectual property remains with WMFD.com or those other entities.

 

No permission is granted to hyperlink other Internet sites with any page in this site.  End User agrees not to "frame" or "mirror" any of the contents or pages contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of WMFD.com or its licensors, as applicable.  This authorization terminates automatically, without notice to the End User, if he/she breaches any of the Terms of Service.

 

Disclaimer of Warranty; Limitation of Liability

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END USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END USERíS SOLE RISK.  NEITHER WMFD.com NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, WMFD.com NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.  THE SERVICE IS DISTRIBUTED ON AN ďAS ISĒ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  NEITHER WMFD.com NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES. 

To the maximum extent permitted by applicable law, in no event will WMFD.com, or any person or entity involved in creating, producing or distributing the Service or the content included therein, be liable to End User or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Service. End User hereby acknowledges that the provisions of this section shall apply to all use of and content on the Service.  End User acknowledges that the content on the Service, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers.  In no event shall WMFD.com's total liability to End User for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by End User, if any, for accessing the Service.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Service and content therein, under any legal theory or cause of action.

 

Indemnification

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End User agrees to indemnify, defend and hold harmless WMFD.com, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys' fees) arising from End Userís use or any user of End Userís account of the Service or content therein, their violation of the Terms of Service, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.

 

Miscellaneous

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The Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or End Userís actual state or country of residence. End User agrees to submit to the jurisdiction of the courts located in Washtenaw County, in the State of Michigan, for the resolution of all disputes arising from or related to these Terms of Service and/or his/her use of the Service.  The Terms of Service will inure to the benefit of WMFD.com's successors, assigns and licensees. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by WMFD.com. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.  The failure of WMFD.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WMFD.com in writing.  These Terms of Service constitute the entire agreement between End User and WMFD.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. WMFD.com can revise these Terms of Service at any time without notice by updating this posting, and End User agrees that their continued use of the Service after such revisions have been posted constitutes their acceptance of such revised Terms of Service.  Neither party may assign or transfer this Agreement to any other person or entity without the prior written consent of the other party, (which consent shall not be unreasonably withheld), provided however that WMFD.com  may assign the Agreement to another entity: (i) owning a majority of its outstanding stock; (ii) into which it merges, or (iii) which acquires all or substantially all of its assets.

 

The provisions of this Terms of Service are for the benefit of WMFD.com and their contractors, information providers, service providers, licensors, employees, licensees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.

 

Any acknowledgment of an e-mail or other communication from End User that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void.  Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service.  WMFD.com may authorize or allow its contractors and other third parties to provide to WMFD.com and/or to End User services necessary or related to making the Service available and to perform obligations and exercise rights of WMFD.com under these Terms of Service.  Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service.

 

WMFD.com and/or third parties may from time to time send e-mail messages to End User containing advertisements, promotions and other such information.  WMFD.com makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and End User agrees that neither WMFD.com nor such third party shall have any liability with respect thereto.

Recognizing the above, End User chooses to voluntarily enter this space and to use the Service and to not hold Licensee or WMFD.com responsible for any action or inaction on either of their parts.

 

End User chooses to use the service and to abide by the terms and conditions set forth here.