Terms and Conditions
BlackrockBasketball.com is the official website of Blackrock Basketball Academy, 830 Carnegie St – 114, Henderson, NV 89052 .
By accessing BlackrockBasketball.com, you accept these Terms and Conditions and expressly agree that they will govern your use of Blackrock Basketball. If you do not agree to these Terms and Conditions, please do not access BlackrockBasketball.com.
If you are using particular services on BlackrockBasketball.com, you and Blackrock Basketball shall be subject to any posted guidelines or rules applicable to such services that may be posted on BlackrockBasketball.com from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
You can access these Terms and Conditions at any time and from every BlackrockBasketball.com webpage by clicking on “Terms and Conditions” in the footer.
1. No offer of service
1.1. Unless expressly stated otherwise, BlackrockBasketball.com is intended to be for informational purposes only. Blackrock Basketball makes no representation that material on BlackrockBasketball.com is appropriate or available for use at your location. You access BlackrockBasketball.com at your own risk and are responsible for compliance with local laws and regulations.
1.2. Blackrock Basketball reserves the right to modify or discontinue any features of BlackrockBasketball.com in part or in total at any time without prior notice.
1.3. Blackrock Basketball may offer services on BlackrockBasketball.com subject to a separate charge. In such case, you will be expressly informed of the applicable charge in connection with the respective services, and of the terms and conditions governing such services.
2. Your obligations
2.1. You undertake not to undermine the proper functioning, data integrity and safety of BlackrockBasketball.com.
2.2. You undertake not to make use of BlackrockBasketball.com in any way which would violate any applicable laws or regulations, or which would infringe upon rights of Blackrock Basketball or third parties.
3. Gaming on BlackrockBasketball.com
3.1. Users of BlackrockBasketball.com’s online gaming platforms (if any) are liable to the rules which are clearly stated on the respective Blackrock Basketball game website.
3.2. Blackrock Basketball reserves the right to remove without any prior notice registered user(s) or player(s). Any abuses will immediately result in the user(s)/player(s) being banned from BlackrockBasketball.com and/or the games.
4. Intellectual Property
4.1. Copyright Blackrock Basketball 2019. All rights reserved.
4.2. Any and all pictures, graphics, logos, texts, videos, animations, sounds, games and other works (hereinafter “Content”) on BlackrockBasketball.com are subject to copyrights and/or other intellectual property rights, unless stipulated otherwise. Content may not be reproduced or modified in any way without prior permission from the relevant right holder.
4.3. Unless expressly stipulated otherwise, nothing in these Terms and Conditions shall be interpreted as granting any intellectual property rights or licenses to such rights to you. No act of downloading or otherwise copying or reproducing from BlackrockBasketball.com will transfer title to you to any content.
5.1. YOU UNDERSTAND THAT ANY INFORMATION OR SERVICES PROVIDED BY BLACKROCK BASKETBALL ON BLACKROCKBASKETBALL.COM ARE MADE AVAILABLE “AS IS”. BLACKROCK BASKETBALL MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2. You acknowledge that a 100% availability of BlackrockBasketball.com is technically unrealistic. While Blackrock Basketball endeavours to keep BlackrockBasketball.com available as constantly as possible, temporary breakdowns cannot be excluded, in particular (without limitation) due to maintenance, security or capacity issues as well as due to events which are not within Blackrock Basketball’s control (such as, for example, disruption in public communication networks, power shortages etc.).
5.3. Any material downloaded or otherwise obtained through the use of BlackrockBasketball.com is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
5.4. BlackrockBasketball.com may contain some services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If Blackrock Basketball charges you for a mobile service, you will first be notified and asked to accept any charges. Please note that not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Blackrock Basketball’s mobile services, you acknowledge that Blackrock Basketball may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, it is your responsibility to promptly update your account information to ensure that Blackrock Basketball does not send your messages to a different person.
5.5. You acknowledge and agree that Blackrock Basketball has no responsibility for the accuracy or availability of information, material or content provided by third party linked websites, or the content, performance, terms and conditions of use or the privacy policies or practices on such websites. Links to such websites do not constitute an endorsement by Blackrock Basketball of such websites or their content, products, or other materials or services presented on such websites. BLACKROCK BASKETBALL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THIRD PARTY LINKED WEBSITES.
5.6. In the event that you wish to establish a link to BlackrockBasketball.com, you expressly agree:
i) to ask prior written approval of Blackrock Basketball to establish a link to BlackrockBasketball.com;
ii) not to include BlackrockBasketball.com into the frame of another website, but to create a direct link to BlackrockBasketball.com;
iii) not to create any third party association with BlackrockBasketball.com; and
iv) to ensure that the link does not state or imply that Blackrock Basketball sponsors or endorses any other website activity, company or entity, or presents Blackrock Basketball and/or basketball in a false, misleading, defamatory or derogatory manner
The link to BlackrockBasketball.com does not permit you to use any Blackrock Basketball and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.
You agree to defend, indemnify and hold harmless Blackrock Basketball and its affiliates, officers, employees and agents from/against any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including (without limitation) reasonable legal fees, that may arise in connection with your use of and/or access to BlackrockBasketball.com, including (without limitation) your unauthorised copying and/or use of any intellectual property of third parties.
7. LIMITATION OF LIABILITY
7.1. TO THE EXTENT THAT LIABILITY IS NOT LIMITED BY THE APPLICABLE LAW ALREADY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BLACKROCK BASKETBALL SHALL NOT BE LIABLE FOR ANY DAMAGES – WHETHER IN TORT, CONTRACT OR OTHERWISE – IN CASE OF SIMPLE NEGLIGENCE UNLESS BLACKROCK BASKETBALL VIOLATED A CARDINAL OBLIGATION. A CARDINAL OBLIGATION IS AN OBLIGATION WHICH YOU COULD TRUST TO BE COMPLIED WITH AND THE FULFILMENT OF WHICH IS PRINCIPAL TO THE PROPER EXECUTION OF THIS CONTRACT; IN SUCH CASE, INDEMNITY CLAIMS ARE LIMITED TO THE AMOUNT OF THE TYPICALLY FORSEEABLE DAMAGES.
7.2. CLAIMS RESULTING FROM PHYSICAL DAMAGES SHALL REMAIN UNAFFECTED BY CLAUSE 5.1. ALSO, THE LIMITATIONS OF LIABILITY STIPULATED IN CLAUSE 5.1 ARE NOT VALID IN THE EVENT OF BLACKROCK BASKETBALL GIVING EXPRESS GUARANTEES AND REGARDING CLAIMS DUE TO MISSING WARRANTED FEATURES.
7.3. YOU EXPRESSLY ACKNOWLEDGE THAT BLACKROCK BASKETBALL SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.
9. Applicable law, jurisdiction
9.1. These Terms and Conditions shall be governed by and construed in accordance with United States law without regard to its conflict of law rules.
9.2. Any disputes, controversies or claims arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted exclusively to the Court of Arbitration and resolved definitively in accordance with the Code of sports-related arbitration. The language of the arbitration will be English. You shall not and you hereby waive your right to institute any claim, arbitration or litigation, or seek any other form of relief, including provisional measures, in any other court or tribunal.
10. Final Provisions
10.1. Should any provision of these Terms and Conditions be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or operation of any other provision. In such case, the parties are obliged to substitute for the invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.
10.2. These Terms and Conditions constitute the entire agreement between you and Blackrock Basketball in relation to their subject matter, i.e. with respect to your use of and/or access to BlackrockBasketball.com, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and Blackrock Basketball, whether oral or written in relation to this subject matter.
10.3. Blackrock Basketball reserves the right to amend these Terms and Conditions at any time without prior notice.