PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Draft City Ballers, ABN 90804712878, and our subsidiaries and affiliates, in association with the use of Draft City Ballers website, which includes DraftCityBallers.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a sporting news website which has the following description: Draftcityballers.com is a Melbourne based company using sports website that provides basketball news, basketball footage and video mixtapes. Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Draft City Ballers. At its discretion, Draft City Ballers may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Draft City Ballers does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Draft City Ballers shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalisation settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Draft City Ballers. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Draft City Ballers LLC and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of Australia, China, France, Canada, Philippines, Latin America and the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Draft City Ballers shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Draft City Ballers the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Draft City Ballers sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Draft City Ballers sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Draft City Ballers sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Draft City Ballers sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Draft City Ballers sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas of Draft City Ballers sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
INDEMNITY
All users herein agree to insure and hold Draft City Ballers, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Draft City Ballers Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
MODIFICATIONS
Draft City Ballers shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
RELEASE
In the event you have a dispute, you agree to release Draft City Ballers (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Draft City Ballers trademarks, copyright, trade name, service marks, and other Draft City Ballers logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Draft City Ballers. You herein agree not to display and/or use in any manner the Draft City Ballers logo or marks without obtaining Draft City Ballers prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS NOTICE AND PROCEDURES
Draft City Ballers will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Draft City Ballers may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorised by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorised to act on the copyright or intellectual property owner’s behalf. The Draft City Ballers Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Email: contact@draftcityballers.com