This Terms of Service (”TOS”) is a legally binding agreement made by and between Collective Licensing International, LLC (”Collective”) and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, “you”). This TOS governs your use of the abovetherimhoops.com web site (the “Web Site”) and the services offered by Collective on the Web Site (the “Services”), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, COLLECTIVE RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE AND SERVICES CONSTITUTES ASSENT TO ANY NEW PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using The Web Site and the Services.
(a) Compliance. You must comply with all of the terms and conditions of this TOS, whether you use the Services or simply browse the Web Site.
(b) Eligibility. Except as expressly provided below, the Web Site and Services may only be used by individuals and entities who can form legally binding contracts under applicable law.
(c) Authority. You are solely and exclusively responsible for all acts and omissions undertaken by any users of your username, if you have a username, whether or not authorized, and any loss or damage that you suffer based on any unauthorized use thereof.
2. User Conduct.
(a) Prohibited Conduct. In your use of the Web Site and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Collective, or use a false identity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site or the Services; (viii) submit false or misleading information to Collective; (ix) engage in any activity that interferes with any third party”s ability to use or enjoy the Web Site or Services; or (x) assist any third party in engaging in any activity prohibited by this TOS.
4. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site and available through the Services, including without limitation, the Above The Rim logo, design, text, photographs and other graphics, other files, and the selection and arrangement thereof are either owned by Collective or are the property of Collective’s suppliers or licensors. You may not use such materials without permission. Copyright ‘ 2004 Collective Licensing International, LLC. ALL RIGHTS RESERVED.
(b) Trademarks. COLLECTIVE LICENSING INTERNATIONAL™, Above The Rim® and the Above The Rim® logo are trademarks owned by Collective. Page headers, custom graphics, button icons and scripts are trademarks or trade dress of Collective. You hereby acknowledge that any use by you of such trademarks or trade dress is for the sole benefit of Collective and all goodwill generated by such use will inure to Collective. If you use Collective’s trademarks or logos, you must include appropriate attribution to Collective. Any other trademarks, trade names and the like that appear on the Web Site or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
(c) Ownership and Use. Collective will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise. Notwithstanding the foregoing, you may use the content and materials on our Web Site and available through the Services in the normal course of your use of the Web Site and Services. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law.
5. Linking and Framing.
You may not frame, inline link, or similarly display any Collective content or property, including, without limitation, the Web Site. You may not use any Collective trademarks as part of a link without express written permission.
6. Representations and Warranties.
You represent and warrant to Collective that: (i) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other right of any third party in your use of the Web Site or the Services; (ii) you will comply with all applicable laws, rules and regulations in your use of the Services and the Web Site; (iii) that you have the full power and authority to enter into and perform your obligations under this TOS; (iv) your assent to and performance of your obligations under this TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; and (v) this TOS contains your legal, valid and binding obligations, enforceable in accordance with its terms and conditions.
You agree to hold Collective and its employees, representatives, agents, attorneys, affiliates, directors, employees, officers, managers and shareholders (the ‘Indemnified Parties’) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (’Claim’) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you or (ii) arising from, related to, or connected with your use of the Web Site or any of the Services. If you are obligated to provide indemnification pursuant to this provision, Collective may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Collective.
8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. COLLECTIVE PROVIDES THE WEB SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. COLLECTIVE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR SERVICES, THEIR USE, OR ANY INFORMATION THEREFROM: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. COLLECTIVE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. COLLECTIVE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. EXCEPT WITH REGARD TO A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES OR AN INFRINGEMENT OF COLLECTIVE’S INTELLECTUAL PROPERTY OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS, THE WEB SITE OR SERVICES EXCEED $100.
9. Force Majeure.
Collective will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Collective to perform, ‘hacking,’ fire, terrorism, natural disaster or war.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Services or the Web Site will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Collective will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
11. Waiver of Class Action Rights.
By entering into this TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this TOS must be asserted individually.
12. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
13. Changes to the Web Site or Service.
Collective may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site or the Services, temporarily or permanently, at any time without notice to you, and Collective will not be liable for doing so.
(a) By Collective. Collective will have the right to terminate your access to the Web Site or Services if: (i) it believes you have breached any of the terms and conditions of this TOS or (ii) Collective discontinues the Web Site or Services.
(b) Effect of Termination. If your account is terminated, Collective may delete any web sites, files, graphics or other content or materials relating to your use of the Web Site or Services on Collective’s servers or otherwise in its possession and Collective will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the Web Site or the Services. If your access to the Web Site or Services is terminated, Collective reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Web Site or the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider.
(c) Survival. This TOS will survive indefinitely unless and until Collective chooses to terminate them, regardless of if you have the right to access or use the Web Site or the Services.
This TOS contain the entire understanding of the you and Collective regarding you and Collective regarding the use of the Web Site and Services, and supersedes all prior and contemporaneous agreements and understandings between you and Collective regarding the use of the Web Site and Services.
16. Notices and Electronic Communications.
All notices required or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to Collective, you must use the address shown on the Web Site. If Collective provides notice to you, it will use the contact information provided by you to Collective. All notices will be deemed received and effective as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
17. Additional Terms.
This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the state of California without regard for conflict of law principles. This TOS and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of Collective. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You and Collective are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.
What Information Do We Collect?
Information you actively submit to Above The Rim. You may choose to provide certain personal information to Above The Rim through this site. This “personal information” may include your name, address, telephone number, email address, gender and date of birth. You may be asked to provide this information when you register to receive our newsletter and email updates, when you participate in a survey, when you sign up to participate in certain games, or for other similar purposes. The abovetherimhoops.com site is not directed to children under the age of thirteen. We do not knowingly collect personal information from children under the age of thirteen, and we take reasonable precautions to prevent children under the age of thirteen from submitting their personal information through the abovetherimhoops.com site.
Automatically collected information. When you access the Internet, the computers that host Web sites you visit (Web servers) automatically receive some anonymous information. This usage data may include a record of which pages a Web browser has visited. Above The Rim servers receive usage data when customers visit this site. Above The Rim may use usage data for the operation of its website and to provide general statistics regarding use of the site. Above The Rim does not currently, but may in the future; use this information to provide advertising about goods and services that may be of interest to its customers, or to provide customized features and services. Above The Rim will not use information about your activities on the Internet together with any information that identifies you without your consent.
Information collected using cookies. Above The Rim may use various kinds of software devices to collect information about Internet use. Small files called “cookies” may be attached to your Web browser. These files identify your browser and save information such as passwords so that Web sites can recognize you. You can set your browser to disable cookies, but some portions of this site (and other sites) may not work properly if you do this.
How Do We Use Personal Information We Collect from You?
Above The Rim uses personal information, which may include your name, address, telephone number, email address, gender and date of birth, to send you our newsletter and email updates, verify customer survey results, provide requested information, post selected game scores along with your chosen screen name, provide customer support, and enhance the performance of the site.
Except as described below, Above The Rim will not disclose your personal information to third parties who are not our affiliates without your consent. We do not sell or exchange customer lists or customer information for marketing purposes with unaffiliated third parties, and will not do so without your express permission. We may, however, share personal information described above with our affiliates for business or marketing purposes.
We may also share all of the personal information we collect, described above, for business purposes with companies and individuals who provide servicing, administrative, marketing, and other services for us, or on our behalf. Companies we hire to provide such services are only permitted, by contract, to use your information for the performance of the specific services we have requested of them.
Except as described above, we do not disclose any of the non-public information we collect about our customers or former customers to anyone except as permitted by law. We may, for example, disclose personal information to government and regulatory authorities as permitted or required by applicable law, to enforce or apply the terms of any of our policies or user agreements, or to protect the rights, property, or safety of Above The Rim, our users, or others.
Protecting Your Personal Information
We maintain reasonable and appropriate physical, electronic, and procedural safeguards to protect personal information. Our employees are required to maintain and protect the confidentiality of personal information, must follow established procedures to do so, and are subject to disciplinary action if they fail to do so. Nonaffiliated third parties are contractually obligated to maintain strict confidentiality, and are not permitted to use your personal information for marketing purposes, or for any purpose other than that we have requested of them.
Reviewing and Correcting Your Personal Information
Above The Rim may, but is not required to, update this policy from time to time. Accordingly, you should periodically check the Above The Rim web site for any changes. If you have questions or concerns about policy changes, you may contact us at email@example.com.