Terms and Conditions for XB GamePass Game Picker
Last updated: March 4, 2024
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Delaware, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Wholesome Innovations, 2140 South DuPont Hwy, Camden, Delaware, 19934.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to XB GamePass Game Picker, accessible from https://gamepasspicker.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Availability: We provide various subscription plans to access GamePass Picker Premium. These subscription plans are designed to cater to the diverse needs of our users.
Subscription Fee: The subscription fee for access to the GamePass Picker Premium is $3 per month. This fee is subject to change, but we will notify you in advance of any changes to your subscription fee.
Payment Processing: All payments are processed securely through our third-party payment processor, Stripe. By subscribing to our services, you agree to abide by Stripe's terms of service and privacy policy. We do not store or have access to your credit card information.
No Free Trial: We do not offer a free trial period for our subscription plans. All users are required to pay the subscription fee to gain access to the GamePass Picker Premium service.
Renewal and Cancellation: Your subscription will automatically renew each month. You may cancel your subscription at any time through your account settings/Profile. Upon cancellation, you will continue to have access to GamePass Picker Premium until the end of your current billing cycle.
By subscribing to our services, you agree to these terms. Please review them carefully and contact us if you have any questions.
Ownership of Content: All content available through GamePass Picker, including but not limited to logos, visual designs, text, graphics, images, software, audio, video, and any digital content, along with all trademarks, service marks, and trade names used in connection with our services, are the exclusive property of Wholesome Innovations or its licensors.
Intellectual Property Rights: Our content and trademarks are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The use of GamePass Picker does not grant you any ownership over any of our content or trademarks.
Prohibited Use: You may not copy, modify, distribute, sell, or lease any part of our services or included content, nor may you reverse engineer or attempt to extract the source code of that software, without express written permission from us. Any unauthorized use of our content or trademarks is a violation of these terms and may violate copyright, trademark, and other laws.
License to Use: Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use GamePass Picker for your personal, non-commercial use. This license does not include any right to resell or make any commercial use of GamePass Picker or its content, or to make any derivative use of any of our content.
Trademark Usage: The trademarks, service marks, and logos of Wholesome Innovations used and displayed in connection with GamePass Picker are registered and unregistered trademarks or service marks of Wholesome Innovations. Other company, product, and service names located on GamePass Picker may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with Wholesome Innovations Trademarks, the "Trademarks"). Nothing on GamePass Picker should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on GamePass Picker without the prior written permission of Wholesome Innovations specific for each such use.
By using GamePass Picker, you acknowledge and agree that the content and trademarks therein are the exclusive property of Wholesome Innovations and are protected by applicable intellectual property laws. Unauthorized use of our content or trademarks is strictly prohibited and may result in legal action.
Submission of Feedback: Wholesome Innovations welcomes and encourages feedback, comments, and suggestions for improvements to GamePass Picker ("Feedback"). You can submit Feedback by emailing us, through our website, or via other means of communication.
Use of Feedback: You acknowledge and agree that any Feedback you provide to us is voluntary, non-confidential, and does not place Wholesome Innovations under any fiduciary or other obligation. You grant to Wholesome Innovations a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
No Obligation: You agree that submission of any Feedback does not create any obligation for Wholesome Innovations to give you credit, compensation, or reimbursement of any kind for the Feedback and does not create any confidentiality obligation regarding the Feedback.
Implementation of Feedback: Wholesome Innovations may use, copy, modify, publish, or redistribute the Feedback and its contents for any purpose and in any way without any compensation to you. We reserve the right to implement, change, or not implement any Feedback at our discretion. The decision to use or ignore any Feedback will be at Wholesome Innovations's sole discretion. Feedback received by Wholesome Innovations will not be treated as confidential information, and you acknowledge that your Feedback may be similar to ideas and feedback already under consideration or in development by Wholesome Innovations.
Representation and Warranties: You represent and warrant that the Feedback you provide is not subject to any license terms that would require Wholesome Innovations to comply with any additional obligations with respect to any Wholesome Innovations's current or future products, services, or intellectual property.
By submitting Feedback, you acknowledge that you understand and agree to these terms regarding Wholesome Innovations's use of the Feedback.
General Conditions: Wholesome Innovations may, from time to time, offer promotions, contests, and sweepstakes ("Promotional Events") to our users. These Promotional Events may be governed by rules that are separate from these Terms of Service. If you participate in any Promotional Events, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotional Event conflict with these Terms of Service, the Promotional Event rules will apply.
Eligibility: Participation in these Promotional Events is voluntary and is subject to eligibility requirements as set forth in the Promotional Event rules. Promotional Events are void where prohibited by law.
No Purchase Necessary: No purchase or payment of any kind is necessary to enter or win any Promotional Event, unless otherwise specified in the specific rules for a Promotional Event.
Selection of Winners: Winners of contests and sweepstakes will be selected according to the criteria set out in the specific rules for each Promotional Event. The decision of Wholesome Innovations (or a designated judge or panel of judges, as specified in the rules) will be final and binding in all matters relating to the selection of winners and awarding of prizes.
Prizes: Prizes must be accepted as awarded, are not transferable, and cannot be exchanged for cash or other substitutes, except at the sole discretion of Wholesome Innovations. We reserve the right to substitute a prize of equal or greater value if the advertised prize is unavailable for any reason.
Taxes and Expenses: Winners are solely responsible for all federal, state, and local taxes, fees, and other government assessments on the awarded prize. Furthermore, winners agree to bear any additional expenses associated with the use of their prize.
Publicity: By participating in a Promotional Event, you grant Wholesome Innovations permission to use your name, likeness, and participation for promotional purposes without further compensation, except where prohibited by law.
Conduct: Wholesome Innovations reserves the right to disqualify any participant who violates these terms, the specific Promotional Event rules, or engages in any conduct that is detrimental or unfair to Wholesome Innovations, the Promotional Event, or any other participant.
Disclaimer of Liability: Wholesome Innovations is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotional Events, or by any technical or human error that may occur in the processing of submissions to the Promotional Events.
By participating in any Promotional Events, you agree to these terms and any specific additional rules set forth for those events.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: