Terms & Conditions
Thank you for visiting ptbahoops.com, a website owned by PRIME TIME BASKETBALL ASSOCIATION.
EFFECTIVE DATE: FEBRUARY 2021
BY ACCESSING AND USING PTBAHOOPS.COM (THE, THIS "SITE") OR BY CLICKING TO ACCEPT OR AGREE, IF THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS & CONDITIONS (THE, THESE "TERMS"). IF YOU DO NOT WANT TO ACCEPT OR AGREE TO THE TERMS, YOU MUST NOT ACCESS OR USE THIS SITE OR PROVIDED SERVICES AND PRODUCTS.
YOU HEREBY CONSENT TO RECEIVING THE TERMS IN ELECTRONIC FORM. PRIME TIME BASKETBALL ASSOCIATION ("PTBA", "WE", "US", OR "OUR") MAY CHANGE THE TERMS AT ANY TIME WITHOUT NOTICE, EFFECTIVE UPON ITS POSTING TO THE SITE. YOUR CONTINUED USE OF THIS SITE, SERVICES, AND PRODUCTS SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISED TERMS.
2.1 PTBA is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this site, you represent and warrant that you are of legal age to form a binding contract with PTBA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this site, services, or products.
2.2 Persons below 18 years of age need the explicit permission from their parents or legal guardian in order to agree with the Terms and to make a binding agreement with PTBA.
LIMITATION OF LIABILITY
3.1 You explicitly recognize that we cannot be held liable for any defects or wrong information contained within this site and the possible damage which may occur in result thereof.
3.2 PTBA's liability and the liability of each of its employees, contractors, or third-party affiliates to you or any third-parties under any circumstance is limited to a maximum of $100.
4.1 PTBA does not render health or medical advice and is not a replacement of advice or treatment provided by a physician or health care professional. Neither PTBA, nor its employees, contractors, or third-party affiliates make any guarantees to the results that may be obtained from information provided or participation in an exercise program. You may not experience weight loss, lose fat, gain muscle, or attain the results you are seeking. Results are dependent on the effort exerted by the participant. Everybody responds differently to physical activity and even if the program is followed in full, you may not obtain your desired results.
4.2 As with any exercise program, you assume certain risks to your health and safety by starting an exercise program and/or participating in exercise activities. Working out is a strenuous and physically demanding activity. It is your responsibility to ensure that you do not exceed your physical limits or over-exert yourself. Risk of injury increases if physical activity is performed incorrectly, especially if you have existing health problem or physical conditions. If you choose to participate in the provided exercise programs, you assume these risks at your own free will and accord. Participants are urged to always consult a medical professional or physician before participating in physical activity or starting an exercise program.
5.1 You agree to indemnify, defend, and hold harmless PTBA and its employees, contractors, or affiliated third-parties harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use of our website, services, and products.
5.2 We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PTBA, and you agree to cooperate in our defense of these claims.
5.3 We reserve the right, but have no obligation, to monitor and manage disputes between you, other users, and clients of this site, services, and products. If you have a dispute with other users or clients, you release and hereby agree to indemnify us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5.4 You agree that the provisions in this section will survive any termination of your use of PTBA.
6.2 This site may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or material to other users content or materials.
6.3 Any content you transmit to this site will be considered non-confidential and non-proprietary. By providing any content on this site, you grant us and our third-party affiliates the right to use, reproduce, modify, display, distribute, and disclose (to third-parties) any such material for any purpose.
6.4 By accessing or using this site, you understand and acknowledge that you are responsible for any content you transmit or contribute. You are fully responsible for such content transmitted, including its legality, reliability, accuracy, and appropriateness. We, or our third-party affiliates, are not responsible for any content transmitted by you or any other user on this site.
6.5 All content must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Content must not:
a. Contain any material which is offensive, harassing, violent, hateful, defamatory, obscene, indecent, abusive, or objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
c. Promote illegal activity or advocate any unlawful act.
d. Infringe any patent, trademark, copyright, or intellectual property of other users or persons.
f. Be likely to deceive, impersonate, or misrepresent another user or person of your identity or affiliation with any person or organization.
g. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
h. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions without the written consent of PTBA.
6.6 We cannot undertake to review all material before it is posted on this Site, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability or responsibility for any action or inaction regarding transmissions, communications, or content posted by any other user or person.
7.1 We reserve the right to terminate or suspend your use or access of this site, or our services and products without notice. By accessing this Site, you understand and agree that your use of our website is limited and non-exclusive as a revocable licensee.
RIGHTS OF INTELLECTUAL PROPERTY
8.1 By accepting the Terms, you explicitly recognize that all text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (collectively, “content”) from PTBA (except for Personal Information) is a collective work under the United States and is protected by relevant laws of intellectual property, including but not restricted to, copyright laws, trademark rights, database rights, neighboring rights, patents, and design rights is the proprietary property of PTBA; All rights reserved.
8.2 In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, it is explicitly forbidden to copy, duplicate, modify, publish or use the content for direct or indirect commercial purposes, unless explicitly agreed in written form with us. You hereby declare not to perform any acts which infringe or can infringe the our rights or third-parties involved.
9.1 If you are a copyright owner who believes that their rights under the DMCA have been infringed without your authorization, you can provide notice of your claim to PTBA's Designated Copyright Agent along with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
A description or proof of the copyrighted work that you claim has been infringed upon and exactly where the material that you claim is infringing.
Sufficient information to permit us to contact the complaining party, such as address, telephone number, and (if available) an e-mail address at which the complaining party can be contacted.
A statement that includes the following, “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
And a statement that includes the following, “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyrighted content that is allegedly infringed.”
APPLICABLE LAW & ARBITRATION
10.1 You agree that this site shall be deemed a passive website solely based in Los Angeles, California, which does not give rise to personal jurisdiction over us in jurisdictions other than California. Except where prohibited, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and PTBA.
10.2 Any legal suit, action or proceeding arising out of, or related to, the Terms or PTBA shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in City of La Puente and County of Los Angeles.
10.3 Although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11.1 If any provision of the Terms is found invalid, illegal, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible and the other remaining provisions of the Terms will continue in full force and effect.
12.1 These Terms constitute the sole and entire agreement between you and PTBA with respect to us and supersedes any and all statements or other agreements, whether oral or written, between you and us regarding that use.