TERMS
Thank you for your interest in using the online services (the “Service”) operated by HOOPSFLIX+ (“HF+”) and offered through the www.hoopsflix.com (the “Site”). These Terms of Use (“Terms”) govern your use of the Service and the Site (collectively, the “HF+ Network”). Please read these Terms carefully. By using the HF+ Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the HF+ Network.​
1. Your Responsibilities:
​You are responsible for obtaining and maintaining all equipment and services needed for accessto and use of the HF+ Network and for paying all charges related thereto. When you register tobecome a member of the HF+ Network, HF+ collects certain personal information about you. You agree that HF+ may use any information HF+ obtains about you in accordance with the provisions of the HF+ Network Privacy Policy and in a manner consistent with any and all applicable laws and regulations. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.Prohibited User Content (as defined below) includes, but is not limited to, User Content that, in the sole discretion of HF+: 1. is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, excessive violence, or offensive subject matter, or contains a link to anadult web site; 5. solicits personal information from anyone under 18; 6. publicly posts information that poses or creates a privacy or security risk to any person; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing, instant messaging, "spimming," or spamming"; 9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; 12. involves commercial activities and/or sales without our prior written consent from HF+ such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes; or 13. violates the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.The following are examples of the kind of activity and communication that is illegal or prohibited on the Site and through the use of the Services. HF+ reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 15. advertising to, or solicitation of, any user to buy or sell any products or services through the Services; 16. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services; 17. activity that involves the use of viruses, bots, worms, or any other computer code files or programs, that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 18. covering or obscuring the banner advertisements on Forums, or any HF+ page viaHTML/CSS or any other means; 19. any automated use of the system, such as, but not limited to, using scripts to send comments or messages; 20. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; 21. impersonating or attempting to impersonate another user, person, or entity; 22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 23. using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or24. using the Services in a manner inconsistent with any and all applicable laws and regulations.​
2. User Content:
​HF+ does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, blog posts or other materials you submit for display or distribution to others through the HF+ Network (collectively, “User Content”). As between HF+ and you, you own all rights to your User Content. However, you grant to HF+ and HF+’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sub licensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (in whole orin part) in any format or medium now known or later developed; provided, however, that the exercise by HF+ of its rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Content imposed upon HF+ under the HF+ NetworkPrivacy Policy. HF+ reserves the right to display advertisements in connection with User Content and to use User Content for advertising and promotional purposes. HF+ does not prescreenUser Content and you agree that you are solely responsible for all of your User Content. HF+ is not required to host, display, or distribute any User Content, and may remove at any time or refuse any User Content. HF+ is not responsible for any loss, theft or damage of any kind to any User Content. You represent and warrant that: (i) you own the User Content posted by youon the Site or otherwise have the right to grant the license set forth in this section, (ii) your UserContent does not violate the privacy rights, publicity rights, copyright, contract, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post on the Site. You are solely responsible for such User Content. HF+ accepts no responsibility whatsoever in connection with or arising from such User Content.HF+ does not endorse and has no control over User Content submitted by others to the Site. UserContent submitted to the Site is not necessarily reviewed by HF+ prior to posting and does not necessarily reflect the opinions or policies of HF+. HF+ makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, HF+ reserves the right to prevent you from submitting User Content to the Site and to edit, restrict, delete or remove suchUser Content for any reason at any time.​
3. Copyright Infringement:
​HF+ respects the intellectual property rights of others. Accordingly, HF+ has a policy of removingUser Content that violate copyright law, suspending access to the HF+ Network (or any portion thereof) to any user who uses the HF+ Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the HF+ Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, HF+ has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the HF+ Network, please provide written notice to the following HF+ agent for notice of claims of copyright infringement.
HOOPSFLIX+
PO Box 655
Murrieta, California, 92564
Email: hoopsflixplus@gmail.com​
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​​Your written notice must: (a) contain your physical or electronic signature; (b) identify thecopyrighted work alleged to have been infringed; (c) identify the allegedly infringing material ina sufficiently precise manner to allow HF+ to locate that material; (d) contain adequateinformation by which HF+ can contact you (including postal address, telephone number, and emailaddress); (e) contain a statement that you have a good faith belief that use of thecopyrighted material is not authorized by the copyright owner, the copyright owner's agent, orthe law; (f) contain a statement that the information in the written notice is accurate; and(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of thecopyright owner. Please do not send notices or inquiries unrelated to alleged copyrightinfringement to HF+’s designated agent.​
4. Termination:
​HF+ may terminate your HF+ Network membership or suspend your access to all or part of the HF+ Network, without notice, if you violate these Terms or you engage in any conduct that HF+, in itssole and absolute discretion, believes is in violation of any applicable law or regulation or isotherwise harmful to the interests of HF+, any other HF+ Network user, or any third party. YOUAGREE THAT HF+ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FORREMOVING YOUR USER CONTENT OR SUSPENDING OR TERMINATING YOURACCESS TO THE HF+ NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the HF+ Network at any time. HF+ reserves the right toinvestigate your use of the HF+ Network in the event HF+, in its sole and absolute discretion,believes you have violated these Terms.​
5. Modifications to Terms:​
HF+ may, in its sole and absolute discretion, change these Terms from time to time. HF+ will postnotice of such changes on the Site. If you object to any such changes, your sole recourse shall beto cease using the HF+ Network. Continued use of the HF+ Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.​
6. Modifications to HF+ Network:
​HF+ reserves the right to modify or discontinue the HF+ Network with or without notice to you.YOU AGREE THAT HF+ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD HF+ EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE HF+ NETWORK.​
7. Fees:
​HF+ reserves the right at any time to charge fees for access to new HF+ Network content or services or to portions of the existing HF+ Network content or services or to the HF+ Network as awhole. In no event will you be charged for access to any HF+ Network content or service, or to the HF+ Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as wellas the payment terms and conditions that apply, will be disclosed to you prior to your agreementto pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.​
8. Password and Security:
​You are responsible for maintaining the confidentiality of your HF+ Network password, and youare solely responsible for all activities that occur under your password. You agree to immediatelynotify HF+ of any unauthorized use of your password or any other breach of security related tothe HF+ Network. HF+ reserves the right to require you to alter your password if HF+ believes thatyour password is no longer secure. YOU AGREE THAT HF+ WILL NOT BE LIABLE FORANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.​
9. Links:
​HF+’s provision of a link to any other Website or Internet resource is for your convenience onlyand does not signify HF+’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT HF+ SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.​
10. No Commercial Use; Other Use Restrictions:
​You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the HF+ Network or any information obtained there from. The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed orapproved by HF+. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. HF+ reserves the right to take appropriate legal action for any illegal or unauthorized use of theServices.Except for User Content, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of HF+ or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site.The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Also, except for User Content, you are strictly prohibited from creating works or materials thatderive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards andunlicensed merchandise. This prohibition applies regardless of whether the derivative materialsare sold, bartered or given away.​
11. Disclaimer of Warranties:
​YOU EXPRESSLY AGREE THAT USE OF THE HF+ NETWORK IS AT YOUR SOLE RISK.THE HF+ NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HF+ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, WITH RESPECT TO THE HF+ NETWORK (INCLUDING, BUT NOT LIMITEDTO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). HF+ MAKES NOWARRANTY THAT THE HF+ NETWORK WILL MEET YOUR REQUIREMENTS, ORTHAT THE HF+ NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOTLIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BYYOU OR OTHERS ON THE HF+ NETWORK IS NOT GUARANTEED AND THAT HF+ SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE HF+ NETWORK OR ITS UNAVAILABILITY. HF+ MAKES NO WARRANTY AS TO THERESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HF+ NETWORK, OR ASTO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINEDTHROUGH THE HF+ NETWORK, OR THAT DEFECTS IN THE HF+ NETWORK WILL BECORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/ORINFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OFTHE HF+ NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THATYOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUFROM HF+ OR THROUGH THE HF+ NETWORK SHALL CREATE ANY WARRANTY NOTEXPRESSLY MADE HEREIN.​
12. Limitation of Liability:
​YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HF+ OR ITS OFFICERS, EMPLOYEES, DIRECTORS,SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT,STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE,DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USEOF THE HF+ NETWORK.​
13. Exclusions and Limitations:
​Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that HF+ may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HF+’s liability shall be the minimum permitted under such applicable law.​
14. Indemnification:
​You agree to indemnify, defend, and hold harmless HF+, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. HF+ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HF+’s defense of such claim.​
15. Trademarks:
​“HF+” and the www.hoopsflix.com design, as well as certain other of the names, logos, and materials displayed in the HF+ Network constitute trademarks, trade names, service marks or logos (“Marks”) of HF+ or other entities. You are not authorized to use any such Marks without the express written consent of HF+. Ownership of all such Marks and the goodwill associated there with remains with HF+ or those other entities.​
16. Copyrights; Restrictions on Use:​
The content on the Site (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by HF+ or its licensors. Other than with respect to your own User Content: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of HF+ and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.​
17. U.S. Export Controls:
​Software available in connection with the Services (the "Software") is further subject to UnitedStates export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.​
18. Miscellaneous:
​These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that HF+ makes available through the HF+ Network and any additional terms to which you agree when using particular elements of the HF+ Network, constitute the entire and exclusive and final statement of the agreement between you and HF+ with respect to the subject matter hereof, and govern your use of the HF+ Network, superseding any prior agreements or negotiations between you and HF+ with respect to the subject matter hereof. These Terms and the relationship between you and HF+ shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely inCalifornia by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the HF+ Network shall be brought in the Federal or State courts located in Riverside County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of HF+ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of HF+ and you as reflected in the provision, and that the other provisions of theseTerms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HF+ Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 18 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the HF+ Network.