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Welcome to the Mister
Basketball & Miss Basketball Tournaments website (the "MisterBasketball.com
Website"), is a site owned and operated by Mister Basketball, Inc.
and its affiliates ("MisterBasketball.com and MissBasketball.com").
These Terms of Use, along with policies and guidelines located
throughout the MisterBasketball.com Website identify what users of the
MisterBasketball.com Website ("Users") can expect from
MisterBasketball.com, MisterBasketball.com Providers (as defined below)
and the MisterBasketball.com Website and what we expect from Users. By
accessing any areas of the MisterBasketball.com Website, Users are
deemed to have accepted these Terms of Use and other policies and
guidelines identified throughout the MisterBasketball.com Website.
I. ONLINE CONDUCT
User agrees to use the MisterBasketball.com Website only
for lawful purposes. User is prohibited from posting on or transmitting
through the MisterBasketball.com Website any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law.
If
MisterBasketball.com is notified of any book, information, data,
software, photographs, graphs, videos, typefaces, graphics, music,
sounds, and other material on the MisterBasketball.com Website
(collectively "Content") provided by User (e.g., through an author chat
or online review) that is allegedly infringing, defamatory, damaging,
illegal, or offensive, MisterBasketball.com may investigate the
allegation and determine in its sole discretion whether to remove or
request the removal of such Content from the MisterBasketball.com
Website. MisterBasketball.com may disclose any Content or electronic
communication of any kind (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary or appropriate
to operate the MisterBasketball.com Website; or (iii) to protect the
rights or property of MisterBasketball.com and its officers, directors,
employees, agents, third-party content providers, merchants, sponsors,
and licensors (collectively, "MisterBasketball.com Providers") and any
other User.
MisterBasketball.com reserves the right to prohibit
conduct, communication, or Content that it deems in its sole discretion
to be harmful to individual Users, MisterBasketball.com, the
MisterBasketball.com Website, the communities that make up the
MisterBasketball.com Website, or any rights of MisterBasketball.com or
any third party, or to violate any applicable law. Notwithstanding the
foregoing, no MisterBasketball.com Provider can ensure prompt removal of
questionable Content after online posting. Accordingly, no
MisterBasketball.com Provider shall assume liability for any action or
inaction with respect to conduct, communication, or Content on the
MisterBasketball.com Website.
II. PRIVACY POLICY
MisterBasketball.com respects the privacy of its Users.
The terms and conditions of the MisterBasketball.com's Privacy Policy,
http://www.MisterBasketball.com/privacy.html, are incorporated
herein by reference.
III. TRADEMARKS
Mister Basketball, Inc., MisterBasketball.com, are all trademarks or
service marks of MisterBasketball.com or its licensor. All rights are
reserved. These and other graphics, logos, service marks, trademarks and
trade dress of MisterBasketball.com and its licensors used on the
MisterBasketball.com Website may not be used without prior written
consent of MisterBasketball.com or its licensor, as the case may be.
Without limiting the foregoing, no MisterBasketball.com trademark or
trade dress may be used in connection with any product or service that
is not MisterBasketball.com's, in any manner that is likely to cause
confusion among Users, or in any manner that disparages or discredits
MisterBasketball.com.
IV. CONTENT
a. Proprietary Rights
User
acknowledges that the MisterBasketball.com Website contains Content that
are protected by copyrights, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and protected in all
forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright
laws, and MisterBasketball.com owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. User may not
modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of select portions of
the Content, provided that the copies are made only for User's personal
use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), User may not upload, post, reproduce, or distribute
in any way Content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or other
propriety right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement accompanying
such software.
b. Distribution/Uploading Of Third-Party
Content
Except as set forth in paragraph a. above, User may upload to or
otherwise distribute on the MisterBasketball.com Website only Content
that is not subject to any copyright or other proprietary rights
protection (collectively, "Public Content"), or Content in which the
author has given express authorization for distribution on the World
Wide Web. Any copyrighted or other proprietary Content distributed with
the consent of a copyright owner should contain a phrase such as
"Copyright, owned by [name of owner]; used by permission." The
unauthorized submission or distribution of copyrighted or other
proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit.
User will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from
such submission. No MisterBasketball.com Provider will be liable for any
damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such User submission. In
compliance with the Digital Millennium Copyright Act, Users and other
persons can report an infringement to MisterBasketball.com at
doug@misterbasketball.com.
By submitting Content to any User-submit areas, including, without
limitation, any User book reviews or participation in any author chats,
User automatically grants, or warrants that the owner of such Content
has expressly granted MisterBasketball.com Providers, the royalty-free,
perpetual, irrevocable, right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in
part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term
of any copyright that may exist in such Content. User also permits any
other User to access, store, or reproduce the Content for that User's
personal use. Subject to this grant, the owner of Content placed on the
MisterBasketball.com Website retains any and all rights which may exist
in such Content.
c. Third-Party Content
MisterBasketball.com is a distributor and not a publisher of
Content supplied by third parties and Users. MisterBasketball.com has no
more editorial control over such Content than does a public library or
newsstand. Any opinions, advice, statements, services, offers, or other
information that constitutes part of Content expressed or made available
by third parties, including any other User, are those of the respective
authors or distributors and not of MisterBasketball.com or its
affiliates or any of their officers, directors, employees, or agents. No
MisterBasketball.com Provider guarantees the accuracy, completeness, or
usefulness of any Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content available through the
MisterBasketball.com Website represents the opinions and judgments of
the respective third party providing such Content. MisterBasketball.com
neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice, or statement made on the MisterBasketball.com
Website by anyone other than MisterBasketball.com. Under no
circumstances shall MisterBasketball.com, or its affiliates, or any of
their officers, directors, employees, or agents be liable for any loss,
damage or harm caused by a User's reliance on information obtained
through the MisterBasketball.com Website. It is the responsibility of
User to evaluate the information, opinion, advice, or other Content
available through the MisterBasketball.com Website.
d. Export
The U.S. export control laws regulate the export
and re-export of technology originating in the United States. This
includes the electronic transmission of information and software to
foreign countries and to certain foreign nationals. User agrees to abide
by these laws and their regulations -- including but not limited to the
Export Administration Act and the Arms Export Control Act and not to
transfer, by electronic transmission or otherwise, any Content derived
from the MisterBasketball.com Website to either a foreign national or a
foreign destination in violation of such laws.
V. AGE OF
USERS
MisterBasketball.com is deemed safe for visitors of
all ages. MisterBasketball.com encourages website usage by minors
under the age of 13 to be facilitated by parents or guardians. All
areas of the MisterBasketball.com website are appropriate for view or
access by such users.
VI. DISCLAIMERS AND LIMITATION OF
LIABILITY
THE MisterBasketball.com WEBSITE IS PROVIDED BY
MisterBasketball.com PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH
MisterBasketball.com PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE
FOREGOING, NO MisterBasketball.com PROVIDER MAKES ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE
MisterBasketball.com WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS INCLUDED THEREON; (II) THAT THE MisterBasketball.com WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THE MisterBasketball.com WEBSITE; OR (IV)
THAT THE MisterBasketball.com WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM
OR ON BEHALF OF MisterBasketball.com ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
NO MisterBasketball.com PROVIDER GUARANTEES
THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE
MisterBasketball.com WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF
THE MisterBasketball.com WEBSITE MAY BE INTERFERED WITH BY NUMEROUS
FACTORS OUTSIDE THE CONTROL OF ANY MisterBasketball.com PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY MisterBasketball.com PROVIDER
BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO
USE THE MisterBasketball.com WEBSITE, INCLUDING BUT NOT LIMITED TO
RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE
MisterBasketball.com WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MisterBasketball.com'S
RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE MisterBasketball.com WEBSITE.
NO MisterBasketball.com PROVIDER WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OF THE MisterBasketball.com WEBSITE OR THE PURCHASE OF ANY PRODUCT
THEREFROM, EVEN IF SUCH MisterBasketball.com PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH
USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
VII. SEVERABILITY
The provisions of
these Terms of Use are intended to be severable. If for any reason any
provision of these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision shall, as to
such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction.
VIII. APPLICABLE LAW;
JURISDICTION
This site is created and controlled by
MisterBasketball.com in the State of Nebraska. As such, the laws of the
State of Nebraska will govern these Terms of Use, without giving effect
to any principles of conflicts of laws.
User hereby irrevocably
and unconditionally consents to submit to the exclusive jurisdiction of
the courts of the State of Nebraska and of the United States of America
located in the State of Nebraska for any litigation arising out of or
relating to use of or purchase made through the MisterBasketball.com
Website (and agrees not to commence any litigation relating thereto
except in such courts), waives any objection to the laying of venue of
any such litigation in the Nebraska Courts and agrees not to plead or
claim in any Nebraska Court that such litigation brought therein has
been brought in an inconvenient forum.
IX. BINDING
ARBITRATION
Any controversy or claim arising out of
or relating to this Terms of Use (including any breach thereof), the
MisterBasketball.com Website, any Content or any item purchased from the
MisterBasketball.com Website shall be settled by confidential
arbitration in Kearney, Nebraska administered by the American
Arbitration Association under its Commercial Arbitration Rules
(including without limitation the Supplementary Procedures for
Consumer-Related Disputes), and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
Any such controversy or claim shall be arbitrated on an individual basis
and shall not be consolidated with any claim or controversy of any other
party. The foregoing shall not preclude MisterBasketball.com from
seeking any injunctive relief in State or Federal courts located in the
State of Nebraska for protection of MisterBasketball.com's or
MisterBasketball.com licensor's intellectual property rights, and you
consent to exclusive jurisdiction and venue in such courts.
X. ACKNOWLEDGMENT
The Terms of Use, including all
documents referenced herein, represents the entire understanding between
User and MisterBasketball.com regarding User's relationship with
MisterBasketball.com and supersedes any prior statements or
representations. When using the MisterBasketball.com Website or making a
purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XI. MODIFICATION
MisterBasketball.com reserves the right to make changes to the
MisterBasketball.com Website, posted policies and these Terms of Use at
any time without notice. These Terms of Use were last revised on August
10, 2005.
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