TERMS OF SERVICE
LAST UPDATED ON MARCH 29, 2011
PLEASE READ THIS CONTRACT CAREFULLY. Five-Star Basketball LLC (“Five-Star Basketball”) is proud to provide you with access to the website at fivestarbasketball.com and other Five-Star Basketball sites (e.g., five-starbasketball.com, five-stargirlsbasketball.com, 5starbball.com, 5-star.mobi, 5star.ws, 5starball.com, 5starbball.com, 5-starcamp.com, 5-starchicago.com, 5starclinics.com, 5-starclinics.com, 5-starflorida.com, 5-stargirls.com, 5-starinternational.com, 5-starmidwest.com, 5-starne.com, 5-starnyc.com, 5-staronline.com, 5-starsouth.com, 5-starsupers.com, 5-startexas.com, 5startoday.com, 5-starwest.com, dejuanblairbasketballcamp.com, fivestar.ws) (collectively, the “Website”). This Terms of Service (“TOS” or “Agreement”) governs your use of the Website. By loading or using the Website, you agree to be bound by the terms of this Agreement.
1. Grant of a Limited License to use the Website.
Subject to your agreement to and continuing compliance with this Agreement, you may use the Website solely for your own personal, non-commercial purposes by accessing the Website. You may not use or access the Website for any other purpose or in connection with any other software or service. The license granted herein is limited, non-exclusive, revocable, non-transferable, confers no title or ownership in the Website, and should not be construed as a sale of any rights to the Website. All right, title and interest in and to the Website and any and all copies thereof are owned by Five-Star Basketball or its licensors.
2. Changes to Agreement and Website.
Five-Star Basketball may update this Agreement at its sole discretion. You agree that you will periodically check http://fivestarbasketball.com for updates to this Agreement, and that your continued access to or use of the Website after we have posted a revised version of the TOS or notified you of changes via email will constitute your acceptance of any changes. If you do not agree to a revised TOS, or cannot comply with the then-current TOS at any time, you must immediately stop using the Website. Five-Star Basketball may change, modify, suspend, or discontinue any aspect of the Website at any time. Five-Star Basketball may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. Changes to the TOS will not be applied retroactively.
3. Proprietary Rights.
The Website and the content therein are the sole and exclusive property of Five-Star Basketball and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website other than as expressly authorized by Five-Star Basketball in writing. You hereby acknowledge and agree that, as between Five-Star Basketball and you, all right, title, and interest in and to the Website and all content displayed therein, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Five-Star Basketball. You agree to include, and not remove or alter, Five-Star Basketball’s trademark, copyright or other proprietary rights notices, on all Five-Star Basketball material. You agree that any and all goodwill that arises in connection with your use of Five-Star Basketball’s trademarks inures exclusively to Five-Star Basketball, and you agree not to challenge Five-Star Basketball’s ownership or control of any Five-Star Basketball trademarks, nor use or adopt any trademarks that might be confusingly similar to such Five-Star Basketball trademarks.
You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Website, including without limitation the Five-Star Basketball account registered to you (the “Account”).
5. Account Suspension/Deletion.
FIVE-STAR BASKETBALL MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
6. Code of Conduct.
You agree that you will read and abide by the Code of Conduct http://www.fivestarbasketball.com/code_of_conduct, which is incorporated herein by this reference. You further agree that you will abide by all applicable laws in connection with your use of the Website.
7. Financial Transactions.
You acknowledge and agree that Five-Star Basketball is authorized, but not required, to act on payment instructions received from anyone using the Account. You authorize Five-Star Basketball to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made; and (b) initiate any other debits or charges authorized by you or anyone using the Account. All payments must be made via payment methods made available by Five-Star Basketball.
8. No Scraping.
You agree that you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content or reproduce or circumvent the navigational structure or content of the Website without Five-Star Basketball’s express prior written consent.
You represent that you are at least 13 years of age, and that if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to this TOS on your behalf.
You acknowledge that Five-Star Basketball may suffer irreparable damage if you breach any of the provisions governing ownership, the license granted or license limitations. You therefore agree that if you breach any of these provisions, in addition to damages and reasonable attorneys’ fees, Five-Star Basketball shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
12. DISCLAIMER OF WARRANTIES.
THE WEBSITE IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT, UNINTERRUPTED USE AND AVAILABILITY.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FIVE-STAR BASKETBALL, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL FIVE-STAR BASKETBALL, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. In no event shall Five-Star Basketball’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total amount paid by you to Five-Star Basketball during the six (6) months immediately prior to the time such claim arose.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FIVE-STAR BASKETBALL, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE WEBSITE.
15. User Content.
“User Content” means any communications, images, sounds, and all the material and information that you or anyone using the Account contributes through the Website. You hereby grant Five-Star Basketball a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
16. Notice of Claims for Copyright Infringement; Copyright Policy.
If you are a copyright owner or agent thereof and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached by mail at: Five-Star Basketball, ATTN: Copyright, 1091 Boston Post Road, Rye, NY 10580, by fax at 914-921-4305, or by email at email@example.com.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account by notifying Five-Star Basketball via email at firstname.lastname@example.org. You acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with the Account prior to termination of this Agreement. Five-Star Basketball may terminate this Agreement with or without notice by deactivating the Account. All Sections of this Agreement that by their nature should survive termination will survive, including without limitation Sections 4, 7, 10-14, 18 and 19.
18. Governing Law/Forum.
This Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Website from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Any dispute arising hereunder shall be decided by a court of competent jurisdiction in New York, New York, United States of America, and you and Five-Star Basketball agree to submit to the exclusive personal jurisdiction of that court.
The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Five-Star Basketball and you. Five-Star Basketball would not be able to provide the Website on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Five-Star Basketball’s licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Five-Star Basketball. You may not assign this Agreement, in whole or in part, without Five-Star Basketball’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Five-Star Basketball with respect to the Website and supersedes all prior agreements between you and Five-Star Basketball pertaining to the Website. In no event shall Five-Star Basketball be liable for any failure of performance resulting from causes beyond the reasonable control of Five-Star Basketball, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement may be amended only by a writing executed by both parties.