Terms & Conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

HoopsHQ online services, including the website, subscription services, mobile products, applications, content, and email services (the “Services”) are provided by 42-18, LLC its affiliates and subsidiaries (“HoopsHQ”) for your and others’ personal, non-commercial enjoyment, subject to the terms of these Terms & Conditions (“Terms”) and all modifications thereto. By using the Services, you hereby agree to these Terms. HoopsHQ may change the Terms from time to time and at any time, and without actual notice to you. All such changes to these Terms will appear on the website. By using the Services after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use the Services.

User Conduct

The Services include any communications service, including the capability to contribute material through the contribution form, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site are provided to you solely for entertainment purposes. By using the Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, HoopsHQ reserves the right to terminate your subscription and refuse any and all current or future use of or access to the Services.

Without limitation of the foregoing, you agree to not use the Services to:

You also agree that you will not harvest, collect or store information about the users of the Services or the Content posted by others on the Services or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that HoopsHQ is not responsible for material submitted to HoopsHQ or posted to the Services by users. HoopsHQ does not pre-screen, monitor, review or edit the Content posted by users. However, HoopsHQ and its designees have the right (but not the obligation) at their sole discretion to refuse, remove or edit any Content, in whole or part, that, in HoopsHQ’s judgment, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. HoopsHQ is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for, and will indemnify HoopsHQ against any claims regarding, the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to HoopsHQ. You agree to immediately notify HoopsHQ of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that HoopsHQ may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any legal, regulatory or governmental processes; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HoopsHQ, its users or the public.

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. HoopsHQ assumes no responsibility for the deletion or failure to store postings, Content or other information submitted by you or other users to HoopsHQ.com.

Any or all Content on the Services may be purged periodically in HoopsHQ’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by HoopsHQ or submitted to HoopsHQ, including Content. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect the views of HoopsHQ, and HoopsHQ does not support or endorse Content (including any Content, whether or not edited by HoopsHQ or its designee or presented on the Services edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Mobile / Wireless Policy

In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. We will never share this information with a third party.

Restrictions On Use of Material

The content on the Services is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Services for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Services. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Services. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Services.

Unsolicited Materials

In operating this site, HoopsHQ does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Services or HoopsHQ mail and e-mail addresses, or in any other way. Any information or material submitted or sent to HoopsHQ, will be deemed not to be confidential or secret. By submitting or sending information or other material to HoopsHQ you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with HoopsHQ, including submitting or sending Content, or other information or material to HoopsHQ.com, you grant HoopsHQ the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Content, in whole or in part, into a HoopsHQ feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to HoopsHQ.

You also warrant that any “moral rights” in posted materials have been waived.

Linked Sites

You may be able to link to third parties’ websites (“Linked Sites”) from the HoopsHQ Services. Linked Sites are not, however, reviewed, controlled, or examined by HoopsHQ in any way and HoopsHQ is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply HoopsHQ’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall HoopsHQ be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. HoopsHQ reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by us for any type of link to the Services. To seek our permission, you may write to HoopsHQ. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Services, at our discretion at any time.

Contests, Promotions, Simulations or Games

From time to time, HoopsHQ may offer as part of the Services, either on or through the Services, contests, sweepstakes, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of HoopsHQ. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. HoopsHQ, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release HoopsHQ and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Services. HoopsHQ is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Services, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. HoopsHQ is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game. All Registered Users who receive a prize through a Game are solely responsible for all federal, state and local taxes associated with the receipt of such Registered User’s prize.

HoopsHQ reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights

All materials contained in Services, apart from user-generated Content, are the copyrighted property of HoopsHQ and its affiliates or licensors. As between HoopsHQ and you, HoopsHQ is the sole owner of all non-user-generated Content on the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Services, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Services solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Parental Permission

The Services are not intended to be a children’s site or a site for minors or individuals under the age of 18. By accepting these Terms, you confirm that you are at least 18 years of age.

Editorial

HoopsHQ items are selected by our editors. No one can pay to be featured on HoopsHQ. That’s what advertising is for, and it’s always labeled as such. Selling ourselves (literally) would destroy the legitimacy, integrity and fun of HoopsHQ. Plus, we’d never earn your trust that way. That said, on occasion, we will send out “advertorial” emails on behalf of sponsors. You’ll recognize them from the subject line, which will indicate that the email is advertorial. Advertorial emails are paid for. When you sign up for HoopsHQ you are agreeing not only to get our content delivered to you free, but also to occasionally receive one of these advertorial emails from our sponsors. If you would prefer not to get these emails, just unsubscribe from all editions of HoopsHQ (unfortunately you won’t be getting any HoopsHQ e-mails anymore).

We would never sell our subscriber list to anyone.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

Disclaimer Of Warranties

THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, HOOPSHQ SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. HOOPSHQ DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
HOOPSHQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES. YOU (AND NOT HOOPSHQ OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability

IN NO EVENT WILL HOOPSHQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF HOOPSHQ OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES; OR (iii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HOOPSHQ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by HoopsHQ, you agree to defend, indemnify and hold HoopsHQ, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. HoopsHQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HoopsHQ in asserting any available defense.

Copyrights And Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your username, address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made 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.

Copyright Agent

(Contact only for copyright matters. For all other inquiries, please contact us at _____________________)

HoopsHQ
c/o Mike Conklin
787 7th Ave. FL 48
New York, NY 10019

Applicable Laws / Jurisdiction

You agree that the laws of the State of New York excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with HoopsHQ or relating in any way to your use of the Services resides in the courts of the State of Delaware, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute and including any claim involving HoopsHQ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any inquiries concerning these Terms should be directed to email us at _______________________.

Provisions Unenforceable or Invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. HoopsHQ may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please email us at _________________________

Modification

HoopsHQ reserves the right, in its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Services or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. HoopsHQ may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While HoopsHQ will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.

Entire Agreement and Severability

These Terms, along with our Privacy Policy and any other policies relating to the Services, are the entire agreement between HoopsHQ and you with respect to the Services, including use of the website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HoopsHQ with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Effective Date of Terms: October 1, 2024