Introduction / Acceptance of Terms
VirtualHoops offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the "Service") on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time. You must be at least 13 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.virtualhoops.tripod.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by VirtualHoops ("VirtualHoops", “VH”, "we", or "us").
VirtualHoops does not guarantee any participant using the Service a scholarhip, financial aid, or monetary compensation in any form or manner. The purpose of the Service is to increase the chances of such results but does not have any power over the awards of college scholarships and cannot guarantee such results.
Your Responsibility For Content & Conduct
You are responsible for any content that you post or transmit on or through the Service.
You will not use the Service to distribute, link to, or solicit content that:
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
includes personally identifiable information about children;
infringes someone else's intellectual property or other rights;
advocates or solicits violence or other criminal conduct;
violates any law, regulation, or contract;
promotes participation in multi-level or pyramid marketing initiatives;
constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in the domicile of either the distributor or recipient;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as VirtualHoops specifically authorizes;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.
You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.
Security / No Disruption
You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of VirtualHoops. You waive any claim resulting from your exposure to material on the Service that is offensive, indecent, or otherwise objectionable. You must be at least 18 to view adult-oriented areas of the Service.
VirtualHoops Discretion Over Content, Use, Storage, And Operation of The Service
We may edit, move, or delete any content on the Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of VirtualHoops, its users, or the public, or (e) administer the Service.
We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
We may set limits regarding the Service, including limits on the length of storage of email and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. We are not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Service.
We may change or terminate the Service or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the Service and may remove any content within the Service without notice and for any reason, including lack of use or violation of these terms.
License of Your Content
If you post content in areas available to the general public, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licenseable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public via the Open Directory License, the Netscape Public License, Mozilla Public License, and other applicable licenses. If you submit summary files or other materials to the Service , you license us to display, distribute, frame, and link to that content via channels or other parts of the Service, and warrant that you have all rights necessary to authorize the distribution and re-distribution of that content. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party.
The Service and any software it incorporates, links or downloads to you ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the owner of such proprietary information, you will not modify, sell, or distribute works based on the Service or the Software.
Unless you are receiving the software pursuant to another license from VirtualHoops, in which case the specific provisions of that license exclusively apply, we grant you a personal, non-transferable, and non-exclusive license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Software; and you will not modify the Software or access the Service by any means other than the one we provide.
Except as otherwise specifically noted in a license agreement, we provide no assistance other than the support information available on our website.
Dealings With Advertisers
A number of other companies supply content to the Service and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to the Service at your own risk. While the VirtualHoops trademark may appear on all pages available via the Service to let you know that you are still within the domain, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.
Links to Third-Party Sites
We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.
Links to The Service
You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Service, provided that the link does not portray the Service, VirtualHoops, or VirtualHoops’ affiliates in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Service or any VirtualHoops content or trademark.
If you do not log in to your VirtualHoops Mail account for more than 90 days, the email service provider may designate your mailbox as "inactive", delete any existing opened or unopened mail, and return incoming mail as "undeliverable". You may be able to reactivate your mailbox, but deleted mail will not be recoverable.
You will indemnify VirtualHoops, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Service or your use of or conduct on the Service.
Disclaimer / Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND VIRTUALHOOPS, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notices to you may be made via email, regular mail, notices posted on the Service, or changes to this Agreement.
Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. Please make such requests by email to mailto:ContactVH@VHoops.com.
You may never use our trademarks in the following ways: In a non-VirtualHoops product name or publication title.
In, as, or as part of your own trademarks.
To identify products or services that are not VirtualHoops’.
To cause confusion.
To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
To disparage VirtualHoops.
In any other manner that VirtualHoops or its users find offensive.
When you use our trademarks, please include the following attribution:
"VirtualHoops, the VirtualHoops Hoop and VH Basket, the VirtualHoops Ball and Zeros logos are trademarks of VirtualHoops Corporation in the U.S. [List other VirtualHoops product names used in your document] are also trademarks of VirtualHoops and may be registered outside the U.S."
Except as noted above, you may not use, copy, or redistribute VirtualHoops logos without written or electronic permission from VirtualHoops. If you do not have a pre-existing agreement with VirtualHoops, you may request permission for logo use, but such permission is granted only infrequently. Send your request for permission to use a Netscape logo to ContactVH@VHoops.com, with "Logo Request" in the subject line.
We own intellectual property rights to the content on the Service and its design, structure, and compilation (sometimes known as "look and feel"). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. You must have the legal right to any content you upload or download using the Service.
Unless otherwise noted, you may view, copy, download, and print VirtualHoops documents from the Service so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Service, please contact the copyright owner.
To use screenshots of websites displayed within VirtualHoops as an illustration or background, please click here. You must include a copyright attribution statement and not alter the browser frame, use an outdated browser version, suggest that VirtualHoops has endorsed your work, or use the browser frame in an offensive fashion. If you wish to use VirtualHoops in a different context, please send email to ContactVH@hotmail.com with the words "VirtualHoops Permission Request" in the subject line, including the following information: The VirtualHoops content you wish to use and its URL.
Where and how will it be used (for example, in an Internet use manual, in a newsletter, in a movie).
Where, how, and to what audience copies will be distributed.
How many copies will be produced and distributed.
When you intend to publish.
Other non-VirtualHoops materials that will be associated with the VirtualHoops content.
Your name, title, company, address, email address, and phone number.
A mockup of the intended use as a file attached to your email.
This Agreement constitutes the entire agreement between you and VirtualHoops and governs your use of the Service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Georgia for any claim or dispute with VirtualHoops or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Service within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.
© 2002 VirtualHoops, C.D.i Enterprises. All rights reserved. "Ball and Zeroes", "VirtualHoops"
and "The Future of Online Recruiting" are servicemarks of C.D.i Enterprises.