Site Terms of Use
Date of Last Revision: October 1, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
This Terms of Use Agreement (“Site Terms”) is a binding legal contract between you (“You” or “Your” either an individual or a legal entity) and Concord Developmental Basketball League (“CDBL”). These Site Terms govern Your access to and use of the websites, media, apps, in-app services, and any other cloud services offered by CDBL, including without limitation www.cdblbasketball.org (each, a “Site,” collectively, the “Sites”), and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available or sold on or through it or used in connection with it (collectively, the “Services,” each a “Service”). By downloading, accessing or using any part of any Site or Service You have accessed, You agree to be bound by these Site Terms. If You do not agree to these Site Terms, CDBL is not willing to grant You any right to use or access the Sites or any Service provided therein. In such event, You are not granted permission to access or otherwise use the Sites and/or Services and are instructed to exit the Site(s) immediately.
CDBL reserves the right to amend at any time any policies governing our Sites and Services, including these Site Terms and CDBL’s Privacy Policy, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after posted on this Site. If you do not accept the amended terms, you must cease using this Site.
If you have any questions regarding the use of the Sites, please direct such questions to the email address cdblbasketball21@gmail.com.
Privacy Policy
CDBL believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how CDBL collects and uses information from users of our Sites.
1. Grant of License
Subject to Your acceptance and compliance with the Site Terms, CDBL grants You a personal, revocable, nontransferable, non-exclusive license to access our Sites and use our Services for personal, non-commercial purposes.
2. Limitations on License
The license granted to You does not include and CDBL expressly forbids:
(a) any commercial use of our Sites or Services, or other materials or content provided therein;
(b) the collection and use of any product listings, pictures or descriptions;
(c) making derivative uses of any Site or such Site’s contents;
(d) use of any data mining, robots or similar data gathering or extraction methods; or
(e) any use of a Site other than for its intended purpose.
Except as expressly provided herein, You are not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, or proprietary right of CDBL or any third party.
You may use and access our Sites and Services solely for Your personal, non-commercial use. All use of our Services must be in accordance with these Site Terms. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit our Sites or Services, or any contents, information, data, or materials provided through our Sites or Services in any manner not expressly permitted by these Site Terms. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer any Site or Service, or directly or indirectly permit any third party to use or copy any of our Sites or Services.
You may not: (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, frame, or monitor any portion of our Sites or Services or in any way feed, reproduce, or circumvent the navigational structure or presentation of our Sites or Services to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through any Site or Service; (ii) attempt to gain unauthorized access to any portion or feature of a Site or Service, including without limitation, the account of any other authorized user or any other systems or networks connected to our Sites or Services or to any server used by CDBL or to any of the services offered on or through our Sites or Services, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, test the vulnerability of any Site or Service or any network connected to a Site or Service; (iv) breach the security or authentication measures on any Site or Service, or any network connected to a Site or Service; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to any Site or Service; (vi) take any action that sends traffic or activity to a Site or Service for the purpose of delaying or disrupting the functioning of the Site or Service or for any malicious purpose, or imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Service, or systems or networks of CDBL or networks connected to our Site and/or Services; (vii) use any device, software, or routine to interfere with the proper working of any Site or Service or any transaction being conducted on a Site or Service, or with any other person’s use of a Site or Service; (viii) use any Site or Service to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use any Site or Service without the express, separate, and prior written permission of CDBL; (x) create an intact reproduction of any portion of a Site or Service into another website or service; or (xi) use our Sites or Services in an unlawful manner, or in a manner that could damage, disparage, or otherwise negatively impact CDBL.
3. Site and Service Intellectual Property Ownership and License and Limitations of Use
Unless otherwise indicated, all Site and Service materials and content, including, without limitation, the CDBL logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of CDBL or its licensors.
All CDBL federally registered and common law trademarks, service marks, and trade names, including but not limited to CDBL, Concord Developmental Basketball League, and the CDBL logo, (collectively, “Site Marks”), are property of CDBL and You may not copy, imitate, or use them, in whole or in part, without the prior written permission of CDBL. In addition, the look and feel of the Sites and Services, including all page headers, custom graphics, button icons, and scripts, is intellectual property of CDBL, and You may not be copy, imitate, or use them, without the prior written permission of CDBL. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.
You may download and/or print to hard copy portions of our Sites for the sole purpose of using the materials and content therein for informational, non-commercial, personal use only. You may not remove any proprietary notices, including copyright and trademark notices, or labels from any materials accessed through any Site and/or Service. Any other use of our Sites or Services or any materials or content therein – including any commercial use, reproduction for purposes other than described above, preparation of derivative works, modification, distribution, republication, display, or performance – without the prior written permission of CDBL is strictly prohibited. Except as explicitly provide in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of CDBL or any third party.
4. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe that any material on our Sites and/or Services infringes upon any copyright which you own or control, or that any link on a Site or Service directs users to another website that contains material that infringes upon any copyright which you own or control, please contact us as at cdblbasketball21@gmail.com with subject line “DMCA” and provide the following information:
(a) Identification of the copyrighted work by description and the copyright’s Registration Number;
(b) Identification of the alleged infringing material by description and URL;
(c) Your contact information (full name, mailing address, and phone number);*
(d) A declaration that
– you have a good faith belief that the copyright owner, its agent, or the law has not authorized the use of the copyright content in the manner described;
– you have provided accurate information; and
– under penalty of perjury, you are the copyright owner or the owner of the copyright allegedly infringed has authorized you to act on its behalf; and
(e) Your physical or electronic signature.
* Note that CDBL may disclose your contact information to the individual who posted the allegedly infringing content or it may otherwise become public.
5. Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to any Site or Service for non-commercial purposes, provided such link does not portray CDBL or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any pages on a Site, any CDBL trademark, logo or other proprietary information, including the images found at any Site, the content of or the layout/design of any page or form contained on a page without CDBL’s express written consent.
6. Third-Party Content & Services
CDBL may provide links to websites, content, and/or services of third parties (collectively, “Linked Third-Party Sites”). CDBL is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by CDBL of any Linked Third-Party Site or any information contained therein. CDBL does not monitor or have any control over any Linked Third-Party Site, and therefore CDBL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any Linked Third-Party Sites accessible via hyperlink from any Site, or any Linked Third-Party Sites linking to any Site. Additionally, CDBL expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on any Linked Third-Party Sites.
7. Forums & Interactive Areas
Certain Sites or Services may include discussion forums or other interactive areas, including chat rooms or bulletin boards (“Interactive Areas”). You are solely responsible for Your use of such Interactive Areas and use them at Your own risk.
You may post, upload, or otherwise transmit (“Submit”) via Interactive Areas comments, messages, documents, or other content and materials (“User Content”). When You Submit any User Content, you represent that such User Content is your own creative output or is used with permission of the copyright holder. By submitting the User Content to the Sites and/or Services, you hereby grant to CDBL a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display, and/or otherwise use the User Content in any and all media in the sole discretion of CDBL, but such submission does not result in assignment of ownership of any intellectual property rights in the User Content to CDBL. CDBL has no obligation to compensate You for any User Content or keep it confidential.
You agree not to store, use, post, upload to, transmit, distribute or otherwise publish through our Site or Services any of the following:
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. User Content that impersonates any person or entity, provides false or inaccurate personal information, or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, advertising or solicitations;
6. Private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; or
8. User Content that, in the sole judgment of CDBL, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or any other Services provided on the Sites, or which may expose CDBL or its users to any harm or liability of any type.
CDBL takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.
Your use of the Interactive areas is at Your own risk. CDBL is not liable for any statements, representations, or other User Content provided in any Interactive Area. Although CDBL has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, CDBL reserves the right and has absolute discretion to remove, screen or edit any User Content that violates these provisions or, in CDBL’s sole discretion, is otherwise objectionable. Violation of these Site Terms may result in, among other things, restriction, termination, or suspension of your privileges to use the Interactive Areas, Sites, and/or Services.
8. Password Security
Registration by You as an authorized user for access to certain areas of the Sites and/or Services may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) in a manner that CDBL, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of CDBL. Failure to comply with the foregoing shall constitute a breach of these Site Terms, which may result in immediate suspension or termination of Your Authorized User Credentials. CDBL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. CDBL reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.
9. Notice of Federal Funding and Federal Disclaimer
CDBL is funded in part through a grant from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided).
10. Indemnification
You agree to defend, indemnify, and hold harmless CDBL, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, agents, successors, and assigns from and against any third-party actual or threatened suit, demand, or claim made against CDBL and/or its independent contractors, service providers, employees, directors, consultants, or volunteers arising out of or relating to Your use of our Sites and/or Services, Your conduct, Your violation of these Site Terms, or Your violation of the rights of any third party CDBL and to compensate CDBL, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, and agents for any damages, costs, expenses, and attorney fees they incur in connection with such suit, demand, or claim. You agree to cooperate with CDBL in the defense of any suit, demand, or claim. CDBL shall have the right to control the defense of any suit, demand, or claim and to choose the attorneys to handle such defense.
11. Disclaimer
THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CDBL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CDBL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITES OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CDBL DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS SOFTWARE. CDBL DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES AND/OR SERVICES, OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, MATERIALS, USER CONTENT, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITES OR THROUGH LINKS ON THE SITES AND/OR SERVICES. THE USE OF THE SITES AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
12. Limitation of Liability
CDBL’S RESPONSIBILITY FOR ANYTHING THAT HAPPENS ON THE SITES AND SERVICES (ALSO CALLED “LIABILITY”) IS LIMITED AS MUCH AS THE LAW WILL ALLOW. IF THERE IS AN ISSUE WITH THE SITES AND SERVICES, YOU AGREE THAT CDBL HAS NO LIABILITY FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THAT ISSUE OF THESE TERMS, EVEN IF CDBL KNOWS OR COULD FORESEE THAT THEY COULD HAPPEN. CDBL,CDBL IN ANY CASE, THE ENTIRE LIABILITY OF CDBL, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, UNDER THESE SITE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITES AND/OR SERVICES.
13. Applicable Law
These Site Terms and Your use of our Sites shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state or federal courts located in the county where CDBL primarily operates. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
14. Termination
Notwithstanding any of these Site Terms, CDBL reserves the right, without notice and in its sole discretion, to terminate your license to use our Sites and/or Services, and to block or prevent future access to and use of our Sites and/or Services.
15. Severability
If a court, arbitrator, or administrative body holds any of these Site Terms invalid, all of the other portions of the Site Terms shall remain fully valid and enforceable to the maximum extent available under the applicable law. One or more delays in exercising any right, power, or privilege, does not constitute a waiver of that right, obligation or default. Any full or partial waivers of any right, obligation, or default does not constitute a waiver of any subsequent right, obligation or default.
16. Questions & Contact Information
Questions or comments about CDBL’s Sites or Services may be sent via email to cdblbasketball21@gmail.com.