Terms & Conditions - The Hoops Geek

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Andreas Rauh ("Company", "we", "us", or "our"), concerning your access to and use of https://www.thehoopsgeek.com and related websites and applications (collectively, the "Services"). We are registered in Portugal and have our registered office at Rua Dom Manuel II 11, 2655-378 Ericeira, Lisbon, Portugal. Our VAT number is PT315216000. By accessing the Services, you agree to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you are expressly prohibited from using the Services and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not intended for the processing of protected health information subject to HIPAA, financial information subject to GLBA, or other similarly regulated data unless we expressly agree in writing.

The Services are intended for coaches, school staff, players, and parents/guardians. If you are under 18, you may use the Services only under the supervision of a parent or legal guardian, or through an account created or authorized by your coach, school, or organization. Persons under the age of 13 are not permitted to use or register for the Services. Coaches, schools, and organizations using the Services are responsible for ensuring they have appropriate authorization to provide athlete or student information.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services and all related software, functionality, design, text, graphics, logos, trademarks, and other materials we provide through the Services (collectively, the “Content”) are owned by or licensed to us and are protected by applicable intellectual property laws. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Subject to your compliance with these Terms, and provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your internal personal, team, school, club, or organizational use, as applicable. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) if you are a minor in your jurisdiction, you have permission from a parent or legal guardian, or your access has been authorized by your coach, school, or organization; (5) you will not use automated means (including bots or scripts) to access the Services in a way that is abusive, unauthorized, or materially interferes with normal operation; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. FEES AND PAYMENT

We may accept payment methods made available at checkout.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars (unless otherwise shown at checkout). Except where required by law or expressly stated in our Refund Policy, fees are non-refundable. Team subscriptions described as "unlimited" are intended for ordinary internal use by a single club, school, or organization and are not permitted for abusive, fraudulent, reseller, or system-straining use. We may apply reasonable usage limits or contact you to move to a custom plan where usage materially exceeds normal intended use.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel before the next billing date.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.

6. CANCELLATION

You may cancel your subscription at any time before your next renewal date by logging into your account or contacting us using the contact information provided below. Cancellation takes effect at the end of the current paid term, and no prorated refunds are provided for unused time except where required by law or expressly stated in our Refund Policy.

For cancellation and refund-related requests, please contact support@thehoopsgeek.com.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.

8. USER CONTENT

The Services may allow you to create, upload, submit, or share text, images, video, files, comments, feedback, and other materials (collectively, "Contributions"). You retain ownership of your Contributions. Depending on feature settings, Contributions may be visible to users you authorize (for example, within your team or organization). When you create or make available any Contributions, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users you permit through the Services to use your Contributions in any manner contemplated by the Services and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms and Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Services.

9. LICENSE TO CONTENT

By posting your Contributions to any part of the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display such Contributions only as necessary to operate, provide, maintain, secure, and improve the Services, create backups, and comply with legal obligations. This license ends when your content is deleted from the Services, except to the extent it was shared with authorized users, retained in backups for a limited period, or where retention is required by law.

You also grant us the right to use de-identified and aggregated information derived from Contributions for analytics, product improvement, and security purposes.

We do not assert ownership over your Contributions. You remain responsible for your Contributions and for ensuring you have the rights and permissions needed to submit them.

We may review, remove, or restrict Contributions that violate these Terms, applicable law, or the rights or safety of others, or that create security or operational risk for the Services. We have no general obligation to monitor all Contributions.

10. FEEDBACK

If you send us questions, comments, suggestions, ideas, or other feedback regarding the Services ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free license to use that Feedback to operate, improve, and market the Services without compensation to you. This does not transfer ownership of your underlying intellectual property except as needed for that limited purpose.

11. ACCOUNT RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access or use of your account. If you invite users to your account, team, or organization, you are responsible for their access and actions under your workspace permissions. You must use the Services in compliance with applicable law and these Terms. You are also responsible for keeping your account contact details current so we can send service and legal notices when required.

12. ORGANIZATION USE AND COMPLIANCE

If you use the Services on behalf of a school, club, team, district, or other organization, you represent that you have authority to bind that organization to these Terms and to provide data to the Services on its behalf. You are responsible for obtaining and maintaining any permissions, notices, and consents required under applicable law for the data you submit, including youth athlete or student data. We may rely on instructions from your organizationregarding user administration and data handling within the organization workspace, subject to applicable law and our Privacy Policy.

13. SERVICE OPERATIONS

We reserve the right, but not the obligation, to monitor the Services for violations of these Terms and Conditions, investigate suspected misuse, remove or restrict content that violates these terms or creates legal, security, or operational risk, and otherwise manage the Services to protect users, our rights, and the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: /privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy controls for privacy and data protection matters only. Governing law, venue, and dispute resolution remain governed by these Terms. Personal data may be processed in countries outside your country of residence, including the United States, as described in our Privacy Policy. Where required, we use appropriate safeguards for such transfers.

15. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE SERVICES WHERE WE REASONABLY BELIEVE YOU HAVE VIOLATED THESE TERMS, CREATED RISK OR LIABILITY FOR US OR OTHERS, ENGAGED IN FRAUD OR ABUSE, OR WHERE SUSPENSION IS NECESSARY FOR SECURITY, LEGAL, OR OPERATIONAL REASONS, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED WHERE REASONABLY NECESSARY TO PROTECT THE SERVICES, USERS, OR LEGAL COMPLIANCE.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We may add, remove, or modify features from time to time, and some features may only be available on certain plans. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. To the maximum extent permitted by law, we are not liable for losses arising solely from downtime, interruptions, delays, or discontinuance of the Services. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These conditions are governed by and interpreted following the laws of Portugal, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Andreas Rauh and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Lisbon, Portugal, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Portugal, or in the EU country in which you reside.

18. DISPUTE RESOLUTION

Informal Resolution

If a dispute arises out of or in connection with these Terms and Conditions, each party agrees to first attempt to resolve it informally by written notice to the other party.

Courts and Venue

Any dispute that is not resolved informally shall be submitted to the competent courts of Lisbon, Portugal, except where mandatory consumer protection law grants you the right to bring a claim in your country of residence.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THEY WILL ACHIEVE ANY SPECIFIC OUTCOME. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES OR CONTENT THAT WE DO NOT CONTROL.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) EUR 100. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIABILITY CANNOT BE LIMITED.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your unlawful or abusive use of the Services; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) harmful conduct toward another user connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of operating and improving the Services, as well as data relating to your use of the Services. We perform regular routine backups as part of normal operations, but you remain responsible for maintaining copies of content you consider important. To the maximum extent permitted by law, we are not liable for loss or corruption of data except to the extent caused by our willful misconduct or where liability cannot be excluded by law.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Andreas Rauh

Rua Dom Manuel II 11

2655-378 Ericeira, Lisbon

Portugal

support@thehoopsgeek.com