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YOUR ACCEPTANCE. Please read the following Terms and Conditions Agreement (the "Agreement") carefully before using the MyHoopsLink website (the "Website"). By establishing or accessing a connection to the Website, other than to read the terms and conditions of this Agreement, you agree to be bound by (1) this Agreement and (2) MYHOOPSLINK's Privacy Policy, which is incorporated herein by reference. MYHOOPSLINK may at any time modify this Agreement and/or the Privacy Policy. Changes to this Agreement or the Privacy Policy shall become immediately effective upon the posting of the changes to the Website, and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website (collectively, the "Materials"), are wholly owned by (or licensed to) MYHOOPSLINK and/or its content providers. The Website may contain certain copyrighted material, trademarks, and other proprietary information. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the express written permission of MYHOOPSLINK or such other party that may own the Materials.
ESTABLISHING A MYHOOPSLINK ACCOUNT. In order to access certain areas of the Website and to view or post content on the Website, MYHOOPSLINK will require you to create a user account. When creating your account you agree to provide complete and accurate information. You are solely responsible for the accuracy and completeness of the information you provide to MYHOOPSLINK in order to establish your MYHOOPSLINK account. You are strictly forbidden from the unauthorized use of another MYHOOPSLINK member's account, and you may be liable to MYHOOPSLINK for any losses to MYHOOPSLINK or others due to your unauthorized use of another's MYHOOPSLINK account. You are solely responsible for the use of your MYHOOPSLINK account, and MYHOOPSLINK disclaims any liability for losses caused by any unauthorized use of your MYHOOPSLINK account.
RESTRICTIONS ON USAGE OF THE WEBSITE. In using or accessing the Website, you agree:
- Except for your non-commercial personal use, neither the Materials nor any content from the Website may be, in whole or in part, sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose without the prior express written permission of MYHOOPSLINK. Unauthorized use of the Website and/or the Materials or content may violate applicable intellectual property laws or other laws. The use of such Materials or content on any other website or in any environment of networked computers is prohibited;
- You will not access the Website in any manner for any purpose which in any way violates any applicable local, national or international laws or regulations or the terms and conditions of this Agreement or the MYHOOPSLINK Privacy Policy;
- You will not upload, post, email or transmit in any manner any material that contains any software viruses or files or programs designed to destroy or limit the functionality of any computer software or hardware;
- You will not restrict or inhibit any other user from using and enjoying the Website;
- You will not post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
- You will not post, transmit or in any way exploit any information, software or other material for advertising or commercial purposes;
- You will not solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- You will not use the Website to collect personal identifying information about users of the Website; and
- You will not use, download or reproduce for any purpose any of the licensed software that is used on or in connection with the Website, except for purposes which are expressly permitted pursuant to this Agreement or pursuant to a MYHOOPSLINK Service Agreement.
SUBMISSION OF CONTENT TO THE WEBSITE. Upon your creation of a MYHOOPSLINK account, and your execution of a MYHOOPSLINK Service Agreement, you may post, submit, download or email content to the Website ("User Content"). In addition to any additional restrictions set forth in your MYHOOPSLINK Service Agreement, by posting or submitting User Content to the Website you agree that:
- MYHOOPSLINK does not guarantee any confidentiality with respect to any User Content, regardless of whether the User Content is actually published on the Website;
- You are solely responsible for the User Content submitted to MYHOOPSLINK, including any consequences that result from the posting of the User Content to the Website;
- By submitting User Content you are affirming, warranting and representing that you own or have the necessary rights, permissions or licenses to use any User Content that you submit or download to the Website, and are specifically authorizing MYHOOPSLINK to use all patent, trademark, copyright or trade secret rights in any and all User Content in order to enable MYHOOPSLINK to post said User Content to the Website;
- You have not and will not submit any User Content that is copyrighted or otherwise subject to third-party proprietary rights, unless at the time of submission and at all relevant times thereafter, you are the owner of such rights or have permission from the owner of said rights, including the right to grant MYHOOPSLINK a license to post the User Content to the MYHOOPSLINK Website;
- By submitting User Content to MYHOOPSLINK you are granting MYHOOPSLINK a worldwide, royalty free, non-exclusive license to use, distribute, and display said User Content on the Website, including a license to use said User Content for purposes of promoting or advertising the Website;
- End-users of the Website are given a limited license to access, view, and download User Content as permitted under the terms of this Agreement;
- You will not upload, post, email or otherwise transmit to the Website any User Content that is unlawful, harmful, threatening, abusive, profane, tortious, vulgar, obscene, libelous, invasive of another's privacy, racially insensitive or otherwise objectionable;
- MYHOOPSLINK, in its sole discretion, has the right to remove or refuse to post User Content for any reason, including your failure or refusal to abide by the terms and conditions of this Agreement, the Privacy Policy or the MYHOOPSLINK Service Agreement.
AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are responsible for all uses of the Website.
PRIVACY. You have read the Website Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by MYHOOPSLINK and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Website Privacy Policy.
NO WARRANTIES. THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS", AND NEITHER MYHOOPSLINK NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN TO YOU BY MYHOOPSLINK OR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE ANY WARRANTY. NEITHER MYHOOPSLINK NOR ANY OF ITS CONTENT PROVIDERS, AGENTS, OR THE LIKE WARRANTS THAT ACCESS TO, OR USE OF, THE WEBSITE WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR-FREE, OR THAT THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT ON THE WEBSITE) WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
MYHOOPSLINK, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT MYHOOPSLINK KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE, MYHOOPSLINK, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.
LIMITATION OF LIABILITY. MYHOOPSLINK and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if MYHOOPSLINK has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, 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 any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, MYHOOPSLINK and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
INDEMNITY. You agree to defend, indemnify and hold harmless MYHOOPSLINK, subsidiaries, affiliates, officers, directors, members agents, representatives and employees from and against all claims, causes of action, losses, liabilities or damages resulting from your improper use any Website, or your violation of any rights of another relating to your use of or access to the Website.
LINKS. The Website may contain links to websites operated by parties other than MYHOOPSLINK. Such links are provided for your reference only. MYHOOPSLINK does not control such websites and is not responsible for their contents. MYHOOPSLINK makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website's inclusion of links to other websites does not imply MYHOOPSLINK 's endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
TERMINATION. You agree that MYHOOPSLINK may at any time, without prior notice and in its sole discretion, terminate your access or use of the Website, including terminating your password or MYHOOPSLINK account (or any part thereof), and may also remove and discard any User Content posted to the Website. You agree that MYHOOPSLINK shall not be liable to you or any third-party as a result of its (a) termination of your of your access to or use of the Website or (b) its removal or discarding of any User Content on the Website.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Kansas, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Prince Georges County, Upper Marlboro, Maryland, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.
NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or the Privacy Policy shall not be construed as a waiver of any provision or right therein. Neither the course of conduct between you and MYHOOPSLINK nor the trade practice shall modify any provision of this Agreement or the Privacy Policy.
SEVERABILITY. The terms and conditions of this Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT. The terms and conditions of this Agreement, the Privacy Policy, and those incorporated herein or referred to herein constitute the entire agreement between you and MYHOOPSLINK relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
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