HOOPSTIR TERMS OF USE

Dated: July 1 2018


INTRODUCTION AND DEFINITIONS

Welcome to Hoopstir! The following terms and conditions of use and end user license agreement (the “Terms”) constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (collectively, "user", “you” or "your") and Hoopstir Softwares For Sport Inc. dba Hoopstir and its affiliates and subsidiaries (herein, “Hoopstir”, "our", “us” or “we”). These Terms govern your use of and access to the Site and/or Services (each as specified below) and are a legally binding agreement between you and Hoopstir.

"Business User" means a user of the Site and/or Services to promote its business and service offerings to Participants;

"Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, executable files, recipes, workouts, likes, activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.

"Hoopstir Content" means all Content that is not User Generated Content.

"Participants" means any and all users of the Site and/or Services for viewing and/or registering for Third Party Activities offered by Business Users through the Site and/or Services.

“Services” means, if you are a Business User, all services accessed through the Site, including enrolment of Participants in your program offerings, management of those Participants that register for your program offerings, ability for Participants to order merchandise offerings, and access by Participants to information into your operations, and, if you are a Participant, all services accessed through the Site, including registration for Third Party Activities (as defined below);

"User Generated Content" or "UGC" means any material whatsoever that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to messages, information, images, data or in-media screen shots, video, audio or other Content posted in any public or private area within the Site or through the Services; and

“Site” means www.hoopstir.com , its subdomains and/or Hoopstir's mobile applications.


ACCEPTANCE OF THESE TERMS AND REVISIONS


You should carefully review these Terms and Privacy Policy as they are a legally binding agreement between you and Hoopstir. If you do not agree with these Terms, you are not permitted to access or use the Site and/or Services and you should exit the Site, cease using the Site and/or Services immediately and, if you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately. By accessing the Site, submitting information to us (regardless of whether you register an account with us) or downloading, installing or using any of the Content or Services you are agreeing to these Terms, you are consenting to the collection, use and disclosure of information as described in these Terms and our Privacy Policy , and, if you are agreeing to these Terms on behalf of an entity, you are representing that you have the authority to agree to these Terms on behalf of such entity. If you do not agree to these Terms you must not submit information to or register an account with us, access the Site or download, install or use any of the Content or Services. We reserve the right, acting in our sole discretion and at any time, to revise these Terms. We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site and/or Services. If you continue to access or use any of the Site and/or Services after any revisions to these Terms are posted you will be deemed to have accepted those revisions.


1. USE OF SERVICES AND YOUR ACCOUNT

  • Who Can Use the Services - Hoopstir requires that all users of the Site and/or Services adhere to these Terms. Please note that all persons who are under the age of majority in their local jurisdiction must have their parent or legal guardian accept these Terms on their behalf and take full responsibility for compliance with these Terms by all persons who access or use the Site and/or Services and for whom they are legally responsible. By accessing or using the Site and/or Services and/or permitting access to the Site and/or Services by a person below the age of majority in your local jurisdiction (each, a "Permitted Minor"), and/or by clicking a box or button, or allowing a Permitted Minor to click a box or button, that states that you accept or agree to these Terms, you confirm your acknowledgment and acceptance of these Terms and you hereby guarantee that such Permitted Minor shall adhere to these Terms. If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you represent and warrant that your parent or legal guardian has accepted these Terms and has guaranteed your adherence to these Terms.

  • User Accounts and Security - In order to access and use certain features of the Site and/or Services you may be required to register an account (the “Account”) through the Site or Services. When you register or update an Account, you will be required to provide us with certain personal information, which may include your e-mail address and/or payment information, to select a user name and password (the “Login Information”), and to grant express consent to Hoopstir to contact you through the e-mail address provided. This Login Information will be retained and used by Hoopstir in accordance with its Privacy Policy . You agree that all Login Information provided by you will be accurate and complete and that you will promptly update such Login Information if and when it changes.

    You are responsible for protecting the confidentiality of your Login Information, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information or your Account(s), or any other security breach involving your Account(s) or the Site and/or Services at info@hoopstir.com. We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you. Hoopstir strives to ensure the security of user’s data, UGC and accounts, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures.

  • User Names - Your user name may be publicly visible in certain areas of the Site and/or Services. We reserve the right to reject and/or remove any user name and to require you to choose a different user name at any time, for any reason, and acting in our sole and absolute discretion, including but not limited to a third party claim that the user name violates its rights. You agree that you will not select or use a user name that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. Furthermore, you agree that you will not select or use a user name: (i) in which another person or entity has legal rights unless you have that person or entity’s express permission to do so; or (ii) that a reasonable person would consider to be offensive.

  • Updated and Discontinuance of Site or Services - You acknowledge and agree that the Site and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site and/or Services from time to time in order to continue to access the Site and/or Services and your related Account(s). You acknowledge and agree that Hoopstir may update, modify, patch and/or discontinue any aspect of the Site and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you and that the Terms apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular Services.

  • Changes to Hoopstir - Hoopstir reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following: (i) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site and/or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms; (ii) make changes to any fees or charges, if any, related to your use of the Site and/or Services; (iii) make changes to the equipment, hardware or software required to use and access the Site and/or Services; and (iv) interrupt the Site and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

  • Service Monitoring and Suspension - Hoopstir may monitor, terminate or suspend your Account or our Services at any time. Hoopstir may immediately, and without prior notice, terminate your ability to access the Site and/or Services or portions thereof for any reason including, without limitation: (i) if you or any Permitted Minor violate or otherwise fail to strictly comply with any term or provision of these Terms, (ii) if we have determined that your use has created or potentially created risk or legal exposure for Hoopstir, or (iii) in response to requests by law enforcement or other government agencies. Upon termination of these Terms for any reason, you must cease use of your Account(s), cease accessing the Site and Services and promptly destroy all electronic and other copies of all Content, including all related documentation. You acknowledge and agree that any termination or suspension of your Account may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account, your access to the Site or Services or for the removal of any of the materials uploaded or contributed by you to the Site.

  • Consent to Receive Communications - You consent to receive electronic communications from Hoopstir either in the form of email sent to you at the email address listed on your Account, text message sent to you at the phone number listed on your Account, or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email, message or posting on the Site shall satisfy any legal requirement that such communication be in writing. Upon registering an Account, you may receive email communications regarding the operations of our Site and/or the Services. You cannot opt out of receiving these communications while you continue to use the Site and/or the Services. You may also receive promotional emails while you use the Site and/or the Services. You can opt out of these emails at any time by using the unsubscribe feature located in the footer of such email or by managing your Account settings accordingly.

  • Data Collection and Ownership - Hoopstir may collect data which is associated with your computer, mobile device, and/or media system platform and which includes, but is not limited to, your city, actions you take within and outside the Site and/or the Services, your hardware/software/firmware, the browser you use, the date and time of your use of the Site and/or Services, your in-media time, activities, purchases, badges, and in full compliance with privacy laws, and on an aggregated and anonymous basis, your diary entries, data and notes, targets and profile ("Usage Data"). You agree that your contribution to the Usage Data will be owned by Hoopstir without providing compensation to you or any other person and without any liability whatsoever. By providing personal information via the Site and/or the Services you agree that we will collect, use and disclose your personal information as is necessary to operate the Site and/or Services and to manage these Terms. You acknowledge and agree that by providing Hoopstir with any personal or proprietary user information through the Site and/or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing in accordance with Hoopstir’s standard business practices. You should be aware that Linked Sites (defined below) and any third party services which you may use to access the Services may contain transmission of personal data provisions and be subject to privacy policies that differ from Hoopstir's privacy policy . Hoopstir is not responsible for the policies of, or for the storage, handling or transmission practices or treatment of your personal information by Linked Sites and expressly disclaims any and all liability related thereto.


2. PAYMENT TERMS

If you choose to subscribe to any of the Services, these are the payment and billing terms that apply.

  • Payment Terms for Participants - By subscribing for and using the Services, you agree to pay any fees or other incurred charges that apply to the Services (such as registration fees when registering for a sports-related activity). When you subscribe for any of the Services, you must designate and provide information about your preferred payment method ("Payment Method"). This information must be complete and accurate, and you are responsible for keeping it up to date. You hereby expressly authorize the third party payment processing company of the Business Users choosing to collect from your Payment Method the appropriate fees charged for the Services and for any other purchases you elect to make via the Services. All fees due for the Services are payable in advance, and will be billed automatically to the Payment Method at the time you agree to make the payment. When you provide any payment account information you represent to Hoopstir, the third party payment processor and the Business User, the provider of the Services that you are the authorized user of that payment account. You acknowledge and agree that if you do not make the payments as required to register for any of the Services, you will not be able to participate in the Services.

  • Payment Terms for Business Users - By subscribing for and using the Services, you agree to the fees (the "Hoopstir Fees") and payment terms that will be sent to you by Hoopstir in a confirmatory email.

  • For greater certainty, Hoopstir will not receive any fees from Participants. All fees paid by the Participants when using the Site will be processed by the Processing Company upon the terms and conditions of the Processing Company. Business Users will agree to pay to Hoopstir such fees as provided for in the confirmatory email indicated above and to pay to the Processing Company such fees as may be required by the Processing Company in accordance with the terms and conditions of the Processing Company.


3. CONTENT OWNERSHIP AND USE & INTELLECTUAL PROPERTY RIGHTS

  • Trademarks, Logos & Hoopstir's Branding - The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of Hoopstir and/or our partners and third party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Hoopstir or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site and/or Services is protected by copyright and/or other intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial and/or public purposes.

  • Ownership of User-Generated Content - You acknowledge that you are responsible for the User-Generated Content that you submit, upload, post or otherwise make available on or through the Site and/or Services, and that you, and not Hoopstir, have full responsibility for each such submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before creating User-Generated Content, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a license (as defined below) to Hoopstir.

  • Suggestions and Feedback - You agree that any and all creative ideas, concepts, notes, drawings, suggestions, feedback or other information that you may provide to Hoopstir, whether solicited or unsolicited, as a user or otherwise, ("Feedback") will be owned by Hoopstir, without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Hoopstir and waive all moral rights you may have therein. Upon request from Hoopstir and at Hoopstir’s expense, you will fully cooperate and assist with, execute and deliver all further documents to enable Hoopstir to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason Hoopstir is unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint Hoopstir and its duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback. Feedback may be submitted via email at: info@hoopstir.com

  • Limited End User Licence - Subject to your strict compliance with these Terms, Hoopstir hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site and (ii) Services which you have purchased or subscribed for, as applicable, on a single computer, mobile device or media platform ("License"). You shall not acquire any ownership rights in the Hoopstir Content or in any of the Services or the Site. Except as expressly permitted under these Terms you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site and/or Services, disclose any part or feature of the Site and/or Services that Hoopstir has not publicly disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services or the Hoopstir Content in whole or in part. The term of your License commences on the date of your acceptance of these Terms and shall end on the earlier date of your or Hoopstir’s suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site and/or Services or you otherwise breach these Terms. You agree that upon termination of the License, Hoopstir will be entitled to collect any Hoopstir Fees accruing due to Hoopstir at any time prior to the termination of the License which were not collected by Hoopstir prior to such termination.

  • Grant of Licence in User - Generated Content to Hoopstir - In exchange for your access to and use of the Site and/or Services, and to the extent that your UGC gives rise to any copyright or other intellectual property right, you hereby grant Hoopstir an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to exploit your UGC in any way and for any purpose in connection with the Site and/or Services, including without limitation, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your UGC without notice or compensation to you of any kind for the whole duration of protection granted applicable intellectual property rights under applicable laws and international conventions. You hereby irrevocably waive your moral rights to any and all assets, arising from or connected with such rights, by you and other users in connection with the Site and/or Services under applicable law. The license granted to Hoopstir hereunder and the waiver of moral rights above will survive any termination of these Terms.

  • Hoopstir's Intellectual Property - Hoopstir's trademarks, service marks, names, logos and domain names (collectively, our "IP"), and the look and feel of the Site are our property. All right and title in and to the IP is and will remain the property of Hoopstir and your access to the Site and use of the Services is subject to the Terms, including the License.

  • Third Party Intellectual Property - You represent and warrant that all User-Generated Content of any kind that is uploaded to or transmitted through the Site, and/or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, trade dress, patent, privacy, confidentiality or other personal or proprietary rights of any such third parties. You further represent and warrant that your use of any user names attached to your Account will not violate or infringe upon the trademark, trade dress or other proprietary rights of any third party. Hoopstir may terminate the Account of any user who utilizes the Site, and/or Services to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Hoopstir, acting in its sole discretion.


4. PRIVACY

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of these Terms with you and is incorporated herein. For full details, please refer to our Privacy Policy. By providing personal information via the Site you agree that we will collect, use and disclose your personal information as is necessary to operate the Site and/or Services and to manage the Privacy Policy and these Terms. You acknowledge and agree that by providing Hoopstir with any personal or proprietary user information through the Site and/or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing in accordance with Hoopstir’s standard business practices. You should be aware that Linked Sites (defined below) and any third party services which you may use to access the Services may contain transmission of personal data provisions and be subject to privacy policies that differ from Hoopstir's Privacy Policy . Hoopstir is not responsible for the policies of, or for the storage, handling or transmission practices or treatment of your personal information by Linked Sites and expressly disclaims any and all liability related thereto.


5. THIRD PARTY LINKS AND SERVICES

  • Third Party Links - The Site may contain links to websites and other resources operated by third parties other than Hoopstir. Such links are provided solely as a convenience to you. Hoopstir does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

  • Third Party Activities & Events - If you are a Participant, our Services include the ability to discover, access or participate in certain services, activities, or events offered, organized, run and controlled by third parties ("Third-Party Activities"). Attendance at and participation in, whether by you, your children, or other minors on behalf of whom you are purchasing Services ("Minors"), such Third Party Activities are solely at your and such Minors' own risk. Hoopstir will not be liable for any act, error or omission of any third party (including any providers of Third-Party Activities), including, without limitation, any act, error or omission which arises out of or is in any way connected with your or any Minor's attendance, use of or participation in any Third-Party Activities discovered, booked or registered for via the Services and the Site, or the performance or non-performance of any Third-Party Activities in connection with the Services. Hoopstir is not an agent of any provider of Third-Party Activities. If you or a Minor choose to participate in these Third-Party Activities, you or the Minor, as applicable, do so of your own free will and accord, with full knowledge of and voluntarily assuming all risks associated with such activities. Activities listed on our Site may pose risks even to those who are currently in good health. You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Site (e.g. basketball camps, basketball training, any sports-related activities or any other Third-Party Activities). We are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your or a Minor's physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through the Site, even if caused in whole or in party by the action, inaction or negligence of Hoopstir or by the action, inaction or negligence of others.

  • Exclusion of Liabilities - Hoopstir will not be liable, directly or indirectly, for (1) any act, error or omission by a Business User in connection with any Programs, (2) for any injuries, damages or losses of any kind that are sustained by any third party in connection with such third party's registration for, or participation in, any Program, (3) for any late or missing arrivals of Merchandise ordered through the Site, (4) any damages, costs, or losses of any kind arising to the Business User or any third party in connection with any scheduling changes, conflicts or other changes to the Programs or the Merchandise which changes are communicated through the Site and/or the Services.


6. MOBILE SERVICES

The Site and the Services may be available through certain mobile devices. You acknowledge and agree that Hoopstir is not responsible for ensuring that your mobile device’s software is compatible with the Site or that you can use or access the Site and/or the Services through your mobile device. If you are accessing our Services through applications, you should check with your carrier to understand what data and messaging rates will apply. By downloading or using our applications, you agree that we may communicate with you regarding our Site and/or Services or respond to your communications to us through the Site and/or Services by SMS, MMS, text message, or other electronic means directed to your device and that your application's Usage Data may be communicated to us. In addition, the terms and conditions of the app store from which you are downloading any app will also apply. We hereby grant you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.


7. NO WARRANTIES

To the fullest extent permitted by applicable laws, all content and services on the site or obtained from a website to which the site is linked (a “linked site”), are provided to you “as is” and "as available" without any warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, suitability or accuracy. Hoopstir does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the site or any website that can be reached from a link on the site and hoopstir shall not be a party to any transaction that you may enter into with any such third party through the site or otherwise.


8. LIMITATION OF LIABILITY

The content, services, products and descriptions of content and/or services published on the site or a linked site, or included in the content or services, may include inaccuracies or errors, and, to the fullest extent permitted by applicable laws, hoopstir specifically disclaims any liability for such inaccuracies or errors. You agree that hoopstir, its affiliates and subsidiaries and any of their respective officers, directors, employees or agents will not be liable, whether in contract, tort, strict liability, equity or under any other legal theory, for any personal injury, loss, accident or death or any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site and/or services or a linked site, or for any delay or inability to use the site and/or services or a linked site, even if hoopstir is made aware of the possibility of such injury, loss, accident, death or damages. This limitation on liability includes, but is not limited to, the transmission of any viruses, malware or malicious software which may infect a user’s equipment or devices, failure of the site and/or services to be compatible with your hardware or software, failure of mechanical or electronic equipment or communication or interconnect lines or fiber, or other connectivity problems (e.g., you cannot access your internet service provider), unauthorized access, theft, loss of data, loss of content, operator errors, strikes or other labour problems or any force majeure event. Hoopstir cannot and does not guarantee continuous, uninterrupted, error free or secure access to the site or services. You agree that hoopstir is a mere representative for the suppliers and advertisers of third party goods and services advertised on or available through the site and/or services and hoopstir does not endorse or control any such third party suppliers, advertisers or such third party goods or services, including your goods or services offered through the site. Any and all claims regarding any failure, breach, loss or injury with respect to such third party goods and services offered through the site are limited to claims against any and all such third party suppliers and advertisers. To the fullest extent permitted by applicable laws, hoopstir hereby disclaims any liability, whether based on contract, tort, strict liability, equity or any other legal theory, including without limitation liability for any direct, indirect, punitive, consequential, incidental or special damages, in connection with the goods or services provided by you or any other supplier or advertiser through the site and/or services, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such supplier or advertiser, and you hereby irrevocably waive, release, agree not to sue, and forever discharge hoopstir from any liability with respect to the same. However, if we are found legally responsible to you for any losses you may have suffered arising in connection with your access to and use of, or inability to access to use the site or the services, then our liability to you shall be no more than ten dollars ($10.00) canadian.


9. INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless hoopstir, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, successors, administrators and assigns (the "indemnified parties") from and against all liabilities, claims, actions, causes of action, costs and expenses (including legal expenses on a full indemnity basis and any other fees and expenses incurred for investigating or defending any action or threatened action, as well as settlement costs) which any of the indemnified parties may suffer or incur in connection with any claim arising out of or resulting from: (i) your and/or a permitted minor's violation of any of these terms, (ii) your and/or a permitted minor's use or misuse of the site and/or services, including but not limited to your personal injury or death, (iii) your and/or a permitted minor's violation of any linked sites, (iv) your and/or a permitted minor's violation of any law or third party's rights, and (v) any third party's registration for or use of your programs. Without derogating from or excusing your obligations under this section we reserve the right (at your expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you even if you choose to defend or settle it. You agree not to settle any matter that is subject to an indemnification by you without first obtaining our express written approval.


10. GOVERNING LAW AND VENUE

These Terms and your legal relationship with Hoopstir shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms is English. Any disputes arising out of or relating to these Terms will be settled by binding arbitration to be conducted before a single arbitrator in accordance with the procedural rules of the British Columbia International Commercial Arbitration Centre. The venue of the arbitration shall be Vancouver, British Columbia, Canada.


11. GENERAL

  • Waiver and Severability - The failure of Hoopstir to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect. All remedies of Hoopstir hereunder shall be cumulative.

  • Assignment - You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Hoopstir, which consent may be withheld by Hoopstir acting in its sole discretion, and any attempted assignment in violation of the foregoing is void. Hoopstir may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Hoopstir.

  • Enurement - These Terms shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

  • Force Majeure - Hoopstir will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of events beyond the reasonable control of Hoopstir, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.

  • Entire Agreement - These Terms, together with the Privacy Policy and any supplemental terms and conditions referred to in these Terms, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and Hoopstir regarding the Site, Services and the Content.

  • Survival - The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.

  • Relationship - The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.

HOOPSTIR PRIVACY POLICY


This privacy policy contains legal obligations. Please read this privacy policy before using the site, software and/or the services.

Last Update: July 1, 2018

Privacy is resolutely important to us. Hoopstir Softwares For Sport Inc. dba Hoopstir and its affiliates and subsidiaries (herein, "Hoopstir", "our", "us" or "we") abides by a few fundamental principles:

  • We will not share your personal information with anyone without your consent, except as required by law.

  • We do not ask you for personal information unless we need it.

  • We do not store your personal information unless we need it.

  • Our service is designed to make it as clear as possible when your information is stored and/or shared.

The following provides further details on how Hoopstir may collect, use, store, disclose and protect your personal information.

For the purposes of this privacy policy (the "Privacy Policy"):

“Services” means all services made available by Hoopstir, including but not limited to services accessed through the Software or the Site;

"Service Provider" means a third party that offers its services for booking through the Site or Software.

“Site” means this site hoopstir.com and all its related webpages and sites (including without limitation any mobile optimized website); and

"Software" means all digital content, applications and software distributed or otherwise made available by Hoopstir, including, but not limited to mobile applications, downloadable/installable software, video, audio, animations, images or digital media products for mobile platforms, personal computers and web-based applications and content accessed by means of a browser within an application or other online communication method, and also includes all updates, upgrades, patches or other improvements as well as any and all documents, files, digital or other online materials or documentation and any and all copies of all such digital media content and software programs and materials, if any.

The Privacy Policy describes how Hoopstir collects, protects, uses and discloses Personal Information that is either collected by Hoopstir or provided by you as you use the Site, Software and Services.

To take advantage of all of the features of the Site, Software and/or Services you will have to provide us with your Personal Information. We need to collect, use and disclose your Personal Information when you create an account with us, when you purchase the Services and when you use the Site, Software and/or Services.

Personal Information

For the purpose of this Privacy Policy, “Personal Information” means information about an identifiable individual (including any “Personal Information” as such term is defined in the Personal Information Protection and Electronic Documents Act, Canada or the Personal Information Protection Act, British Columbia), that is collected by us or supplied to us through the Site in order to operate the Site and provide the Services. See “Collection of Information” below for a more detailed list of the various reasons why Hoopstir collects Personal Information.

“Personal Information” may include, but is not limited to, a person’s name, email address, residential address, telephone number, payment card information, transaction history and other billing information, and any such information that is provided by a person over 18 years old by a parent or guardian.

Application of the Privacy Policy

The Privacy Policy applies to Personal Information collected by, or supplied to, Hoopstir through the Site, Software and/or Services.

We use third party service providers to provide access to existing payment gateways. Any Personal Information disclosed to any third party service providers, including Service Providers, and including any such Personal Information disclosed through the Site, Software and/or Services, is dealt with in accordance with the privacy policies adopted by each of those service providers, if any. Individuals are encouraged to review the privacy policies maintained by each of those service providers to understand how their Personal Information will be used by those entities to process requests.

Acceptance of the Privacy Policy and any Revisions to the Privacy Policy

By accessing or using the Site, Software and/or the Services you agree to accept the terms of this Privacy Policy. If you do not accept this Privacy Policy you must not access or use any of the Site, Software or Services.

Hoopstir reserves the right to change this Privacy Policy at any time without prior notice or liability. You should periodically revisit this posting to review any revisions to the Privacy Policy. If you continue to access or use any of the Site, Software or the Services after any revisions to the Privacy Policy are posted you will be deemed to have accepted those revisions.

Collection of Information

We collect and store information, which may include Personal Information, for the following purposes:

  • to provide a user with the Services;

  • to manage an individual’s account with Hoopstir;

  • to respond to inquiries about Hoopstir submitted over email or via social media;

  • to troubleshoot problems with the Site, Software and/or Services and to improve the Site, Software and/ or the Services;

  • to solicit feedback regarding Service Providers;

  • to book appointments with Service Providers;

  • to enforce our Terms of Use;

  • to conduct marketing, including promotional activities such as sending newsletters;

  • to take any other action required or permitted by law.

We may use “cookie” technology in order to remember visitor preferences, improve usability and track return visits. Cookies are small amounts of data that are transferred from Hoopstir’s server to your computer’s hard drive for record-keeping purposes. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. However, please be aware that you will be unable to access certain parts of the Site if you do block or disable Hoopstir's cookies.

Choice and Opt-Out Options

Hoopstir does not collect Personal Information through the Site or Software unless users choose to provide it. If you do not wish to have Hoopstir collect your Personal Information through the Site, you can choose not to do the following:

  • provide your email through the Site or Software;

  • create an account through the Site or Software;

  • use, subscribe for, purchase, install or download the Site, Software or Services, as applicable; or

  • communicate with Hoopstir through its email or social media accounts.

Use of Personal Information

We will use the Personal Information received through the Site and/or Software for the various purposes outlined above under “Collection of Information”.

By providing Personal Information through the Site, you acknowledge and agree that we may use the Personal Information for the purposes set out above.

Disclosure of Personal Information

We will not transfer Personal Information to third parties, except for Service Providers and our other business partners who have agreed to comply with legally required privacy standards and who will use the information only for the purposes disclosed at the time of collection or for a use consistent with that purpose.

Notwithstanding the foregoing, we reserve the right to disclose Personal Information if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under colour of law. In addition, we reserve the right to disclose Personal Information in order to

  • enforce our Terms of Use;

  • protect and defend the rights or property of Hoopstir;

  • act in urgent circumstances

to protect the safety or security of the public or users of the Site, Software and/or Services. We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information. Hoopstir does not sell, rent or share its customer lists to third parties for marketing or commercial purposes.

Protection of Personal Information

To protect the confidentiality of your Personal Information, you must keep your password and any elected codes confidential. Please notify us immediately if you detect suspected misuse of your account. We will never ask you to disclose your password in an unsolicited phone call, email or other form of communication.

Hoopstir has implemented reasonable physical and technical measures to safeguard Personal Information collected by or supplied to Hoopstir against loss or theft, unauthorized access, use or disclosure, and alteration. All information we collect via the Site is encrypted over HTTPS, the same security protocol used by banks, and is stored in a controlled environment with limited access only to authorized Hoopstir affiliates. While we take reasonable efforts to safeguard Personal Information, we are not liable for any breach resulting from the limitations of the security of our systems.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY GUARANTEE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION.

For further information on how we protect Personal Information, contact us using the information listed below under “Questions or Comments”.

Retention of Personal Information

We may keep Personal Information obtained through the Site, Software and/or Services for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected or for such longer period as may be required or permitted by applicable laws and regulations and your consent to such purpose(s) remains valid after termination of our relationship with you.

Currently, Hoopstir retains all Personal Information collected by, or provided to, it on secure servers outside of Canada in U.S.A. In certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in U.S.A may be entitled to access users’ Personal Information.

Accuracy

You are responsible for ensuring that all information created through your use of the Site, Software and/or Services is accurate, reliable and complete. Hoopstir is not in the business of providing safety, survival, emergency preparedness or other professional advice and the use of information created from the Site, Software and/or Services is at your own risk.

Minors

The Site, Software and/or Services are intended for adult audiences and is not intended to be used by individuals under 18 years old ( "minors"). We do not knowingly collect Personal Information from anyone under the age of 18. If you become aware that your child has provided us with Personal Information without your consent, please contact us at the email address below. If we become aware that a minor has provided us with Personal Information without parental consent, we take steps to remove such information and terminate their account.

Governing Law

Those who choose to access the Site from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. This Privacy Policy is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you accept and submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

Questions or Comments

We welcome questions or comments about the Privacy Policy. Please direct any questions or comments to the individual below who oversees Hoopstir's compliance with privacy requirements:

Hoopstir Softwares for Sport Inc.
Attention: Privacy Officer
Address: Unit 230 – 997 Seymour Street Office 6 Vancouver, BC, V6B 3M
Email: info@hoopstir.com