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The purpose of these terms is to define the conditions of use of our services.
Please read this Agreement carefully before using any of the services described below. By using the services, you are acknowledging that you have read and understood this Agreement and that you agree to be bound by the terms. If you do not agree to be bound by the terms of this agreement, promptly exit this page without accessing or using any of the services.
We provide social networking services for basketball players, coaches, and professionals (“our services”). While using our services, you may post videos, articles, or any other content and receive feedback under our chat system that can be used while using our services. Any interaction between you and other users is private and is your sole responsibility. Further, we do not record the activity of this chat system but any user has the technical capacity to do so, although we expressly prohibit it.
Your use of our services shall be strictly in accordance with this Agreement. Nothing in this Agreement grants or transfers to you any ownership rights in our services, including the software and other intellectual property rights related to our services.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF OUR SERVICES. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICE.
The Website and the information contained therein are provided as a service to our clients. We do not guarantee the accuracy or completeness of any information related to our services.
We use our best efforts to make our Services available 24 hours a day, 7 days a week, regardless of the maintenance operations of said Services. However, you acknowledge that the services available on our Website may be described inaccurately, or unavailable, and we may experience delays in updating information regarding the Services. We therefore reserve the right to interrupt access to all or part of the Services for maintenance and/or improvement work.
This is a contract between you and us. You must read and agree to these terms before using the service. You may use the service only if you can form a binding contract with us and only in compliance with this Agreement and all applicable local, state, national laws, rules, and regulations. Accordingly, children under the age of 13 may not use the Services. If you use the Services, you affirm that you are at least 13 years old.
You may be asked to register on or through our Services to participate in or receive various services offered by us. When you register, you will select a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you. You may not share your username and password with or authorize others to use your username and password. You agree to immediately notify us of any unauthorized use of your username and password. You further agree not to adopt an inappropriate username of any kind.
By registering on our Services, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.
You guarantee that you shall:
·use our services in good faith, in a reasonable manner, not contrary to the terms of this Agreement.
·not use any devices or software other than those provided by us intended to (i) affect or attempt to affect the proper operation of our Website and/or the Services ii) or to extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Website and/or Services;
·not to access and/or use our services for illegal purposes;
·not damaging our reputation or image and that of other Users;
·not infringe our rights, in particular our intellectual property rights and that of third parties, including Internet Users;
·not market our services or the contents thereof;
·not engage in any activity that may be categorized as “hacking” or “spamming”;
·not spread content that incite hatred or violence, is threatening, aggressive, pornographic, for the purposes of pimping, or paedophilic, obscene, vulgar, racist, sexually explicit, violent, contrary to good morals, xenophobic, hacking or proselytizing, or containing gratuitous nudity or violence, as well as more generally a liability action;
·not intercept, collect, or share any data provided by other users;
·not upload viruses or other malicious codes;
·not to harass other user;
·not to create several accounts. You are only allowed to create one account;
·not to impersonate any individual or legal entity;
·[have not] been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on Hoopcliq/Hoopcliq Athletic Recruiting or a college or university;
·[have not] not engaged in any other behavior that is unbecoming of a student-athlete or that would reflect negatively on Hoopcliq / Hoopcliq Athletic Recruiting or a college or university, such determination to be in Hoopcliq/Hoopcliq Athletic Recruiting’s sole discretion.
Further, you shall not use the Hoopcliq Email Address to perform any of the following prohibited activities:
·Don’t use the Hoopcliq Email Address to do anything illegal.
·Don’t engage in any activity that exploits, harms, or threatens to harm children.
·Don’t send Spam or use your account to help others send Spam.
·Don’t publicly display inappropriate message (e.g. nudity or pornography).
·Don’t engage in activity that is false or misleading (e.g. impersonating someone else).
·Don’t engage in activity that is harmful to Hoopcliq or the Hoopcliq Email Address of any other student-athlete (e.g. viruses, stalking, hate speech, advocating violence against others).
·Don’t infringe upon the rights of others (e.g. unauthorized sharing of copyrighted photos, music or videos).
·Don’t engage in activity that violates the privacy of others.
Upon accepting these Terms and Conditions, we may provide you with a personal email address (the “Hoopcliq Email Address”). You may use this dedicated Hoopcliq Email Address in lieu of a personal email address, so as to keep all our correspondence organized in a single location while using our Services, iPhone App or any other electronic, media or mobile platform that we may elect to use.
OUR PROPRIETARY RIGHTS
We alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service.
Our Agreement is not a sale and does not convey to you any rights of ownership in or related to our services, or the Intellectual Property Rights owned by us. Accordingly, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our content. Use of our content for any purpose not expressly permitted by this agreement is strictly prohibited.
The services, our name and logo are our exclusive property.
We shall own all rights, title, and interest to any content, suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our services. Accordingly, you may choose to, or we may invite you to submit comments or ideas about our services, including without limitation about how to improve our services or our ideas. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees or obtained from sources other than you.
Our designated agent to receive notifications of claimed copyright infringement under the DMCA is:
We care about the privacy of our users. You understand that by using the service you consent to the collection, use and disclosure of your personally identifiable information and will only be used to identify what the customer needs are to the service providers.
We care about the integrity and security of your personal information. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold us, our associates, and our respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
USE OF OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL.
WE DO NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD-PARTY PROVIDER, NOR THAT ANY SUCH THIRD-PARTY PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY SERVICES.
SOME COUNTRIES, STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Without limiting the foregoing, your correspondence or business dealings with, and use of services of third parties or service providers provided by us, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES.
We reserve the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, we reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
If any portion of these terms is found to be void or unenforceable, it shall be struck from the record, and the remaining provisions will retain their 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 be the waiver of a breach constitute a waiver of any subsequent breach.
DISPUTE RESOLUTION & ARBITRATION
With respect to any and all disputes arising out of or in connection with our Services, the various services offered by us, or these Terms and Conditions, we and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and us do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor us will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Chicago, Illinois. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.
You agree and consent to the exclusive jurisdiction of the state or federal courts located in the State of Illinois and waive any defense of lack of personal jurisdiction or improper venue or forum to a claim brought in such court, we will elect, in our sole discretion, to litigate the action in the county and state where we are located.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the services, or this Agreement shall be filed within one (1) year after such claim or cause of action and no later.
If you have any questions or concerns about any of these terms, feel free to contact us at:
visitors to our Website such as You; and
Registered users of the Site such as You, as the case may be.
As a visitor to, or Registered user of, the Site, You may provide Your personal information to Us to obtain Our services from Our Site.
COLLECION OF INFORMATION
We collect Your personal information to maximize high-quality service delivery to You, to provide You with any additional or special information about Our services and take reasonable steps to protect Your personal information.
We may collect the following kinds of information when You, Your colleagues, agents, representatives, or other users, access the Service:
Date of birth/age;
Photograph or Video;
Athletic information (e.g., sport and position);
Academic information (e.g., GPA, SAT/ACT score, awards/honors, and extracurricular activities);
Payment information (e.g., credit card number and debit card number);
your username and password;
communications, and other information You provide when You use Our Service;
user communications, Your Feedback, suggestions, and any ideas and communications sent from You to US or from Us to You; and
information that You provide when You engage Site support regarding the Service.
You represent and warrant that You have sought the consent of any individual whose information You provide to us.
Your Email and password will only be stored to allow access to the game, and will not be shared or sold.
We may collect personal information about You from the information You provide to us when You fill out an Application or other forms on our Site, a Program, over the phone or in person. We may also receive, and also share, personal information about You, from and with third-party services such as Third-party Social Media Services and others. Lastly, we may also collect personal information from individuals whose identity You share with Us as described in this policy.
You permit us to collect Your personal information at any time, before, during, and after engaging in a business relationship with us.
Our servers also collect information from you, such as your domain name, websites You visit, your device information, and Internet Protocol address. This information is not personally identifiable. However, when You respond to questions or communicate with us, Your personal information may be collected.
Where it is in our legitimate interest to do so, We may use Your personal information:
For marketing purposes;
To provide You with details about our services by email, text, phone and through other communication methods;
to carry out program development, statistical analysis, and market research;
for program improvement;
to update Our records;
to carry out checks required by applicable regulation or regulatory guidance;
to improve Our relationship with You by making the Website available to You in a User-friendly way, and to identify the products programs and services which You may be interested in;
for customer service, including answering questions and responding to Feedback and complaints;
for any other specific purposes in relation to Your activities via the Site or in any form of communication or access to our Services;
Where You have given Us consent, we shall provide You with information about any new programs, and other information which we think will be of interest to You. You can withdraw Your consent at any time, but without affecting the lawfulness of processing based on consent before its withdrawal and with a reasonable time thereafter for systems to get updated. You can update Your details or change Your privacy preferences by contacting us via the details given in the “Contact Us” section.
We use Your email address to communicate with you. Upon your consent, we may direct electronic email communication to You about Our services or market new services. We may also ask to seek your feedback on the services we offer. You have an option to opt-out of such electronic communication. Lastly, we may track your email activity to check the effectiveness of the communication.
SHARING PERSONAL INFORMATION
We may provide your personal information to colleges; affiliates; advertising partners; Social Media networks, and other users of the Services upon your consent. However, we may aggregate anonymized information based on your personal information and disclose this to advertisers and other third parties.
We may disclose Your personal information to third parties where it is in our legitimate interest to do so, including the following reasons:
we may share Your information with analytics and search engine providers that assist us in the improvement and optimization of our Site;
we may disclose Your personal information on request to the police or any other regulator or government authority to fulfill our regulatory responsibilities, to help prevent or detect fraud or any other type of crime, or for any other reasonable purpose;
We may share Your information in the event of a merger, acquisition, or sale of our assets. We shall communicate with You in the event of such a change. We may assign your contract to another party, and You agree that we can provide them with Your information, for such purposes and you would be notified of any such assignment.
Some of the third parties who may require Your information belong to territories or countries other than the United States. The third-parties are subjected to all relevant laws in their jurisdictions pertaining to the information we share with them.
HOW LONG WE KEEP YOUR INFORMATION
We may retain Your information after our business relationship with You to facilitate services to You in the future, or to obtain Feedback and gather statistics from You. At all times, during the retention of Your information, we shall be subject to the relevant legal guidelines.
TRACKING TECHNOLOGIES AND COOKIES
You can instruct Your browser to refuse all Cookies or to indicate when a cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Programs or Site.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your Device (personal computer or mobile device as examples) when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both session and persistent cookies for the purposes set out below:
Necessary / Essential Cookies
These Cookies are essential to provide You with services available through the Website and enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user Accounts. Without these Cookies, the services You have asked for cannot be provided, and We only use these Cookies to give You those services.
Cookies Policy / Notice Acceptance Cookies
These cookies allow us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these cookies is to provide You with more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.
Tracking and Performance Cookies
These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the data collected is typically linked to a pseudonymous identifier associated with the Device You use to access the Website. We may also use these cookies to test new advertisements, pages, features, or new functionality of the Website to see how our users react to them.
We may use third-party Service providers to monitor and analyze the use of our Website.
One such service provider is Google. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Program and Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
We have no control over and assume no responsibility for the Content, privacy policies, or practices of any third-party sites or services.
SECURITY OF YOUR PERSONAL INFORMATION
The security of Your Personal Data is important to us but remember that no transmission method over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security.
We restrict access to the information obtained from our websites and web pages to our employees, agents, Affiliates, Partners and contractors. We maintain physical, electronic, and procedural safeguards designed to protect personal information to the extent reasonably possible.
CONSENT REQUESTS AND PREFERENCES
You may request us to identify the personal information we have collected and kept in our servers. To make such a request, contact us through our email provided below.
You may contact us to delete, cancel, withdraw, or restrict the amount and type of information we collect and keep. We may keep on using some of Your personal information even after Your withdrawal of the information is necessary to run Your Account or fulfill legal obligations. We may also stop providing services that we would only give if we had the information You have withdrawn.
We will let You know via email or a prominent notice on Our Programs and Site (as applicable) before or when the change becomes effective.
The Services are intended for a U.S. audience. If you access the Services from outside the United States, please be aware that information you provide to us or that we obtain as a result of your use of the Services may be processed and transferred to the United States and be subject to U.S. law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Services, or by providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States and in accordance with U.S. law.
For users in California. The California Consumer Privacy Act (CCPA) was enacted to give consumers more control over the personal information that businesses collect about them. The California Online Privacy Protection Act, (CalOPPA), was drafted to protect the privacy rights and personal data of California residents. We hereby confirm that we are in full compliance of Our respective obligations under the mentioned laws, as may be amended from time to time.
The Services are neither intended for nor directed at children younger than 13 years of age. We do not knowingly collect or store personal information about children under the age of 13.
SEVERABILITY AND WAIVER
If any term in this Policy 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 this Policy shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Terms in this Privacy P olicy, the Refund Policy, together with the Terms of Service, constitute the entire agreement between You and Us and Our Affiliates and Partners (to the extent of the information We have in relation to Your account from those Partners) with respect to, but not limited to, the Site, Services, and all information, and supersede all previous written or oral agreements between You and Us with respect to, but not limited to, the Site and Services.