Last modified on October 19, 2020.
Limitation on Use
You may not register or use the Service if you are under 16 years of age and if you are legally unable to enter into a legally binding agreement without the consent of your parents or legal guardian. The following uses of the Service or any part thereof are prohibited: Commercial use, unless specifically and explicitly allowed by us in a prior written consent; Damaging or infringing the rights of third parties in any way, including, without limitation, infringing on any third party’s intellectual property or privacy rights; Illegal use, including without limitation fraud, pornography trafficking, drug dealing, sports betting and gambling; Distributing SPAM; Using users contact information for marketing purposes; Bullying, intimidating, stalking or harassing any person; Duplicating, downloading, copying, reproducing, modifying, transmitting, performing, broadcasting, rebroadcasting, publishing, selling, creating derivatives of, translating, distributing or redistributing the Service, the Service-related intellectual property, third parties User Content (defined below) or any part thereof or their products, unless specifically and explicitly allowed by us in a prior written consent; Altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Service’s (including its content’s) source code and structure; Any automatic use which is intended or designed to gather information about or from the Service, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers; Uploading of any sort of malware, spyware or other malicious code; Circumventing or bypassing any measure designed to limit access to the Service or any part thereof; Damaging, disabling, impairing or flooding the Service; Competing with the Service.
Securing your password
You are responsible for protecting the confidentiality of the password associated with your use of the Service, including (if applicable) also of your Facebook account, and for restricting access to your computer while logged into the Service. You agree that you will be responsible for any and all statements, acts or omissions made during any use of the Service through your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately to https://upsidehoops.com/contact/. We may assume that any communications we receive via your account or the email associated with your account have been made by you unless we receive notice otherwise, and we may also require you to provide proof of identification. Our employees will never ask you for your password, neither personally nor by email.
Termination, Changes to the Service and Removal of Content
Notice and Takedown Policy
We take copyright infringement very seriously, and we are committed to comply with the applicable copyright and intellectual property legislation. As a result, and in accordance with the Digital Millennium Copyright Act, we have a Notice & Takedown mechanism, designed to enable copyright owners to report an infringing use of the Service, while preserving our users’ freedom to share. We reserve the right (inter alia, and at our discretion) to (1) block access to or remove content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, contributors, members or users and (2) remove and discontinue service to repeat offenders. If you believe that works, material or content residing on or accessible through the Service, infringes your copyright, or the copyright of someone whom you are authorized to act on behalf of (collectively, alleged “Infringing Content”), please send a notice of copyright infringement containing the following information to our designated agent (our “Designated Agent”, whose contact details are listed below): The identity (including registration/identification number) of the notifier; The identity of the copyright violator, e.g. username/name (if known); Date of notification; A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed (or of the owner himself); Identification of the works, material or content claimed to be infringed; Identification of the alleged Infringing Content, including information regarding its location, with sufficient details so that we can find and verify its existence (including screen shots and links); Contact information about the notifier, including email and physical address, and also related website/URL (if applicable) and jurisdiction; A statement that the notifier has a good faith belief that the alleged Infringing Content identified is not authorized by the copyright owner, its agent, or the law; And, a statement made under penalty of perjury that the information provided is accurate and the notifier is authorized to make the complaint as the owner of the relevant works, material or content claimed to be infringed, or on behalf of its copyright owner. Upon receipt of a proper notice of copyright infringement, we reserve the right to (at our discretion): Remove or disable access to the alleged Infringing Content; Notify the content provider who is accused of infringement that we have removed or disabled access to the alleged Infringing Content; and/or, terminate such content provider’s access to the Service if we determine that her or she is a repeat offender. If the content provider believes that the alleged Infringing Content that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such content, then the content provider may send a counter-notice containing the following information to the Designated Agent: Physical or electronic signature of the content provider; Identification of the alleged Infringing Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled (including screen shots and links); A statement that the content provider has a good faith belief that the alleged Infringing Content was unjustifiably removed or disabled, such as a result of mistake or misidentification of the content, and an explanation as to the aforesaid; And content provider’s name, physical address and email. If a counter-notice is received by the Designated Agent, we may, at our discretion, send a copy of the counter-notice to the original complaining party informing that person that we may reinstate the removed content or cease disabling it in 10 business days. Unless we are informed that the copyright owner filed an action seeking a court order against the content provider accused of committing infringement, the removed material may be reinstated or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent at the following address:
Attn. Legal Department, Suppressed Noise LLC
Email: firstname.lastname@example.org, or: 124 Main St, Unit 203, Spencer, MA, 01562
Cross Platform Publication
When you upload User Content you agree and acknowledge that we may display the content in any part of the Service we see fit, regardless of the part of the Service to which you uploaded your User Content (“Cross Platform Publication”). For example, we may choose to publish User Content which you posted on the Website on the Facebook Application. You agree and acknowledge that you are not entitled to any notification of or compensation due to Cross Platform Publication of your User Content at any time. In addition we may choose to post information regarding your use of the Service on your Facebook profile wall, including your User Content, statuses, comments, vBets and content you have read. We will attempt to prompt for your approval to post information on your Facebook profile wall.
Intellectual Property Rights
Unless stated otherwise herein, we and our affiliates, subsidiaries, licensors and subcontractors reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property in the Service and the Service’s content, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, all registered or not, contained in the Service. You do not acquire any right, title, interest or claim in any part of the Service or the Service’s content as a result of your use of the Service or any part thereof. Any transfer of rights shall be deemed null and void without our explicit prior written consent.
Third Party Sites
Upside Hoops Swag – Additional Terms
Exchanges. We only replace items if they are defective or damaged, or if the size is wrong, for the same item (of the requested size, if available). If you need to exchange please send us an email to email@example.com, and after coordinating with us, send your item to: 124 Main St, Unit 203, Spencer, MA, 01562.
Disconnecting from the Service
If you wish to disconnect from the Service, please email https://upsidehoops.com/contact/.
You hereby agree that the Service is given automatically by our systems and with no explicit knowledge of yours or anyone else’s use of the Service. The Service is provided ‘AS-IS’ and ‘ASAVAILABLE’, and your use of the Service is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations of any kind, whether express or implied, including without limitation warranties given in the course of dealing with us and are not stated herein and warranties regarding fitness for any particular purpose and promises of specific results, all to the fullest extent of the law. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding the Service, its content or any part thereof being available, uninterrupted, correct, error-free, accurate, complete, reliable, current, malware-free, continual and secure. Any reliance you make on the Service, its content or any part thereof is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding other users’ User Content including without limitation its accuracy, usefulness and safety. User Content does not represent us in any way and you access and use it at your own risk.
Limitation on Warranties
Governing Law; Jurisdiction
If you believe that anyone is abusing the Service or using the Service in contradictions or violation with the terms stated herein, you may report this via e-mail to: https://upsidehoops.com/contact/.