Terms Of Service

Terms of Use

HoopsHype (collectively, “HoopsHype”, “we”, “us” or “our”) maintains its web sites (the “Sites”) for your personal information, entertainment, and enjoyment. At the same time, please remember that your access to the Sites is subject to the following Terms of Use (the “Terms of Use”) as well as all applicable laws. By accessing and using the Sites, you accept and agree to these Terms of Use without limitation or qualification. If you do not agree with these Terms of Use, please do not use the Sites. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the Sites. Please note that your use of certain features of our Sites may be subject to additional Terms of Use. By using these features, you also agree to be bound by such additional Terms of Use.

Proprietary Rights
All materials on the Sites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up the Sites (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on the Sites is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Sites, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. To request permission from us, please click here. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of a fee. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Sites or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

Registration for Certain Features
If you elect to create an account in order to access and use certain features offered through the Sites, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Sites by e-mail, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Sites.

You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify HoopsHype immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by HoopsHype or any other user of or visitor to the Sites due to someone else using your user name, password or account.

We may provide you with access to some features of the Sites without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.

In order to use certain features of the Sites, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Sites or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled, and we shall have the right to immediately terminate your right to use and access the Sites. If any upgrade in or to the Sites or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.

Linked Sites
The Sites may contain links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked web sites. Use of these web sites is at your own risk. We encourage you to note when you leave the Sites and to read the terms of use of such other web sites.

Submissions / Code of Conduct
Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through the Sites via e-mail, on the message boards, on the blog, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of HoopsHype throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards, blogs or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on the Sites or from using or accessing our message boards, blogs or chat rooms.

You further agree not to (i) use the Sites, the Content, or any products or services included on or available through the Sites for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying the Sites, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Sites are able to type, hacking or defacing any portion of the Sites, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content on the Sites.

We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Sites, in our sole discretion.

Privacy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Sites is subject to our Privacy Policy.

Intellectual Property Infringement Claims
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using the Sites in violation of any applicable federal, state, or local laws.

We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
  • A description of the work you claim has been infringed;
  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Sites;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

Kenneth R. Florin
Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
Tel: 212-407-4000
Fax: 212-407-4990
E-mail: kflorin@loeb.com

Disclaimer of Warranties
THE SITES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITES AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE SITES OR ANY CONTENT OR SERVICES ON OR FROM THE SITES (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITES WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITES, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITES, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.

Indemnification / Release
You agree to defend, indemnify and hold us, and our subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives (“Released Parties”) harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content. By using the Sites, or making any submissions to HoopsHype, whether or not through the Sites, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through the Sites or to any disputes regarding use of ideas and/or related materials submitted to HoopsHype.

Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts located within New York, New York. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms of Use constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use the Sites (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

Privacy Policy

HoopsHype (“HoopsHype”, “we,” “us,” “our”) respects your privacy and is committed to protecting your personally identifiable information. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected through the web sites owned or operated by HoopsHype, which are www.hoopshype.com (“Site”) and how such information may be used and/or shared with others. This Privacy Policy applies solely to information collected through the Site and not through any other sources. This Privacy Policy is subject to the Terms of Use posted on the Site. Please return to the Site and review this Privacy Policy from time to time, as it may be amended without notice. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on the Site. Your use of the Site constitutes your agreement to this Privacy Policy.

Children Under 13
The Site are not directed to children under 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on the Site and identifies his or her age, we may use the child’s e-mail address for the sole purpose of responding to the child’s question on a one-time-only basis. However, we will not use the child’s e-mail address to re-contact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

Your Information and How We Use It
The Site collects two kinds of information: (1) information that personally identifies you (such as your name, e-mail address, and mailing address); and (2) information that does not personally identify you (such as the number of users who log on to the Site on a daily basis).

  • As a general policy, no personally identifiable information is automatically collected from your visit to the Site. However, in certain circumstances, you may be asked to provide us with some specific information about yourself in order to use certain features on the Site or to take advantage of certain opportunities that we may offer through the Site. For example:

  • Purchase Products or Services: If you wish to purchase any products or services on the Site, you may be asked to provide, at a minimum, your name, mailing address, e-mail address, credit/debit card and billing information. This information will be used to process your purchase order.

  • Message Boards / Blogs / Chat Rooms: You will be required to register with us in order to participate in our message and bulletin boards, blogs and chat rooms. The personally identifiable information that we require during registration may include your name, e-mail address, and other information about you. This information will be used to protect the security and integrity of the Site. It may also be used to provide you with the information or materials that you requested on the registration page. Please be advised that if you voluntarily disclose personally identifiable information on our message or bulletin boards, blogs or chat rooms, such information can also be collected and used by others and could result in unsolicited messages from other people.

  • Newsletters: If you wish to receive our online newsletter, you will be asked to provide your e-mail address. This information will be used to subscribe you to the newsletter you requested.

  • Promotions, Sweepstakes, and Contests: The Site may, from time to time, offer special promotions, sweepstakes and/or contests. If you choose to participate, you will be required to provide your name, address, e-mail address, and/or date of birth, as well as other information about you that is relevant to the specific promotion, sweepstakes or contest. Such information will be used to select the winners, to notify you if you win one of the sweepstakes and/or contests, and otherwise in connection with the administration of the promotion, sweepstakes or contest. We also reserve the right to share this information with any of the promotion, sweepstakes or contest sponsors or partners and use the information for any other purpose disclosed to you in the applicable terms and conditions.

Please note that any information you submit on the Site will be used (i) to carry out your requests and respond to your inquiries, (ii) in accordance with the terms set forth herein, and (iii) as otherwise disclosed at the point where such information is collected or in any additional terms and conditions applicable to the particular feature of the Site. Please also note that in order to carry out your requests and respond to your inquiries, we may share your personally identifiable information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that deliver merchandise, participate in our promotions, administer our promotions, provide marketing or promotional assistance, analyze data or provide customer service (but such information will be shared only to the extent they need such information to perform their functions). Your personally identifiable information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers. You may always direct us (by contacting us at the address listed below) not to share your personally identifiable information with these parties or not to use your personally identifiable information to provide you with such information or offers. Except as provided herein, your personally identifiable information will not be provided to any third parties without prior approval from you.

From time to time, we may collect non-personally identifiable information from you through the standard operation of our servers. Such information can include the type of browser being used, the operating system you are using, IP addresses, and the number of users that visit a specific page on the Site and the character and duration of such visits. This information may be used to help analyze site traffic and improve our services. We may also aggregate such information to create statistical data and share it with potential advertisers, partners, affiliates and other third parties. At no point, however, will the aggregated information personally identify you.

We reserve the right to disclose any personally identifiable or non-personally identifiable information if we are required to do so by law or if we reasonably believe that such action is necessary in order to: (a) fulfill a government request; (b) conform with the requirements of the law or to comply with legal process served on us; (c) to protect or defend our legal rights or property, the Site, or its users; or (d) in an emergency to protect the health and safety of the users of the Site or the general public.

Use of Cookies
“Cookies” are small text files from a web site that are stored on your hard drive. These small text files make using a web site more convenient by saving your passwords and preferences for you. Cookies themselves do not contain any personally identifiable information. We may analyze the information derived from these cookies and match such information with data provided by you or another party. We may provide our analysis and certain non-personally identifiable information to potential partners, advertisers (who may use this information to provide advertisements tailored to your interests) or other third parties, but we will not disclose any personally identifiable information, except as provided in this Privacy Policy.

Also, we may allow third parties that serve advertisements on our Site (including our promotion partners) to place and access cookies on your computer, but they will not be able to access our cookies. The use of cookies by such third parties is not subject to our Privacy Policy, but is subject to their own respective privacy policies.

You can have the option of deciding whether or not to accept a cookie by resetting your browser to notify you whenever a cookie is being sent to your hard drive. You may also delete a cookie manually from your hard drive. Please note, however, that some parts of the Site will not function properly or will be considerably slower if you refuse to accept a cookie or choose to disable your cookies settings.

Surveys
From time to time, we may conduct surveys on the Site. If you decide to participate, you may be asked to provide certain demographic information (such as your sex, date of birth and zip code). We may use the information that you submit, including your responses to the survey questionnaires, for the purpose(s) identified to you prior to your participation in the survey. In some cases, we may publish the results of the survey, but only as aggregate information. As we may be conducting certain surveys with our advertisers, sponsors or other third parties, we may also share the results of such surveys with such third parties, but in no event will the results personally identify you.

Transfer of Assets
As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, personally identifiable information, non-personally identifiable information, and any other information that we have collected about the users of the Site will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Opt Out
We offer you the opportunity to choose not to receive communications from us. If you would like to take advantage of this opportunity, please let us know by sending an email to optout@fantasysportsventures.com. Please note that sometimes these requests may take up to ten business days to process and that we are not responsible for removing information about you from the database of any third party to whom we were authorized to disclose your User Information prior to processing your request. Even if you do take advantage of this opportunity, we reserve the right to send you administrative messages relating to the Site (e.g., about changes to this Privacy Policy or our Terms of Service) and to contact you regarding any comments you have posted on the Site.

Keeping Your Information Secure
We have reasonable and appropriate security measures in place to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information.

Please keep in mind that whenever you give out personal information on a message board, blog or in a chat room, that information can be collected and used by people you do not know. If you choose to voluntarily disclose information on our message boards, blogs or in our chat rooms, this Privacy Policy will not cover such disclosure of information. We urge you to use caution when disclosing any personal information on our message boards and in our chat rooms.

In order to take advantage of certain features and opportunities offered through the Site, you will need to create an account. When creating an account, you will be asked to choose a password, in which case, access to your account shall be protected by your password. We recommend that you do not disclose your password to any other person, that you use a combination of letters and numbers for your password, and that you change your password often. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You may view and update your account information at any time by logging into your account.

Other Site
The Site may contain links to other web sites that we do not control or maintain. We are not responsible for the privacy practices employed by these other web sites. We encourage you to note when you leave the Site and to read the privacy statements of such other web sites before submitting any personally identifiable information.

Contact Information
If you have questions or comments about our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, please send an e-mail to webmaster@hoopshype.com or by postal mail at:

HoopsHype Copyright
c/o Fantasy Sports Ventures, Inc.
1500 Broadway, Suite 810
New York, New York 10036