Welcome to IndoorHoops
You should visit this page and periodically reread these Terms as we reserve the right at our sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of IndoorHoops following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When we change these Terms, we will provide notice by updating the date above.
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access IndoorHoops in compliance with these Terms for your personal purposes; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, modify or "frame" content from IndoorHoops (excluding content you create and sharing with friends/family) without our prior permission.
You authorize us to charge you for purchases made on IndoorHoops. Unless noted, prices are listed in “credits” and 1 credit = 1 U.S. dollar; tax and transaction fees, if any, are additional. To the extent permitted by law, fees are nonrefundable. By using PayPal or a third party payment platform you acknowledge that we do not control the transaction, and you bear all risk in connection with the transaction.
Cancellation Policy for Reservations
In order to cancel an IndoorHoops reservation to participate in a pickup basketball game or practice and receive a full refund of credits to your account, you must cancel your reservation at least 24 hours prior to the start time. If you cancel a reservation less than 24 hours prior to the start time, you may receive a 50%-refund. Once your reservation is cancelled, the credits you used to pay for the game or practice will be returned to your account. We may terminate or suspend your use of IndoorHoops, or anyone using your Access Credentials, for frequent cancellations or misuse of our cancellation policy.
Refunds of any payment you make to us are subject to applicable law. If you believe any payment to us is in error, you must contact us at firstname.lastname@example.org to seek resolution. You should use common sense and be careful in deciding whether to make a payment.
In the event that you are provided with user identification names, a login ID, numbers or codes, and/or passwords ("Access Credentials") in connection with your use of IndoorHoops, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of IndoorHoops or content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify us if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. We may terminate your access to, and your use of, IndoorHoops immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
You may cancel your account at any time, for any reason by sending us written notice of cancellation to Indoor Hoops Inc., 609 West 137th Street, Suite 22, New York, NY 10031 or by email notice of cancellation to email@example.com.
You agree we may moderate IndoorHoops access and use in our sole discretion, for example by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
Assumption of Risk, Waiver and Release
By signing up for pickup basketball games, events, activities, and other programs on IndoorHoops and/or attending pickup basketball games and using the premises, facilities and equipment (individually and/or collectively, the "Games") of our vendors, partners, licensees and our licensees vendors and partners, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in playing pickup basketball games and using sports facilities in association with the Games. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You also acknowledge that you have read, understand and agree to be bound by the terms of our Participation Waiver available at https://indoorhoops.com/participation-waiver.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by us, a location manager, our licensees, a facility, facility staff, security personnel, a school safety officer or posted on IndoorHoops.
If in our subjective opinion, or the subjective opinion of a location manager, a facility, facility staff, security personnel or a school safety officer, you would be at physical risk using facilities, you understand and agree that you may be denied access to the Games.
In consideration of being allowed to participate in and access the Games, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Games, whether sustained while playing basketball or not, (2) release, indemnify, and hold harmless IH Entity, its vendors, partners, licensees, affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Games or use of the facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from safely participating in Games and/or properly using any facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Games and/or using facilities, and should not be participating in any Games.
Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT IH ENTITY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS NOR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR SKILLS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
We are not responsible for the conduct of any user. As noted in and without limiting our Disclaimer and Limitation of Liability sections listed below, in no event shall IH Entity, its affiliates, vendors, partners, licensees nor our licensees vendors and partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of IndoorHoops including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from recreational activities with other users or persons you meet through IndoorHoops. You understand that we make no guarantees, either express or implied, regarding your interaction or compatibility with individuals you meet through IndoorHoops.
Indoorhoops is not sponsored nor endorsed by the NY Department of Education, or the City of New York or any other municipality.
Using the IndoorHoops Name, Logo and Intellectual Property
You agree not to use our trademarks, graphics, logos, intellectual property or other content without our prior written permission. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. The following trademarks are owned by IH Entity: INDOORHOOPS and INDOORHOOPS (logo).
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify our agent for notice of claims of copyright infringement ("Agent"), at:
Indoor Hoops Inc.
609 West 137th Street, Suite 22
New York, NY 10031
Please provide our Agent with the following notice, which shall include each of the following:
- a description of the copyrighted work that you claim has been infringed;
- a description of the material you claim is infringing, with enough detail so that we may locate it;
- your address, telephone number and email address;
- a written 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;
- a statement by you declaring 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 behalf of the owner; and
- your physical or electronic signature.
Your notice will be subject to The Digital Millennium Copyright Act (DMCA). We may terminate the accounts of repeat infringers.
Information Available on IndoorHoops
We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of the IndoorHoops content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to IndoorHoops. You agree that you must evaluate, and bear all risk associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Links to Third-party Sites
Content Posted on IndoorHoops by Third-party Content and Advertising Partners
Some of the content posted on IndoorHoops may be posted by third-parties and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) We are not responsible and disclaim any and all liability for any aspect of such Third-party Content, (ii) the content provider posting such Third-party Content on IndoorHoops is solely and exclusively responsible for such Third-party Content, (iii) we make no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) we cannot and do not guarantee that Third-party Content complies with these Terms.
You acknowledge and agree that neither IH Entity nor its affiliates, licensees, vendors and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) your use of the IndoorHoops, or on any other linked/third-party website; (ii) any incorrect or inaccurate content posted on IndoorHoops or provided in connection with the services; (iii) your purchase of IndoorHoops credits to join a pickup basketball game, practice or event; (iv) your rights to cancel your purchase of IndoorHoops credits to join a pickup basketball game, practice or event; (v) your registration for and/or participation in a pickup basketball game, practice or event; (vi) your purchase of merchandise; (vii) your communication with IndoorHoops; (viii) your use of and attendance at our games, practices or events (ix) the conduct, whether online or offline, of any user; (x) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or content; or (xi) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software on account of technical problems, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with IndoorHoops. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE IH ENTITY PROVIDES INDOORHOOPS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO INDOORHOOPS (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IH ENTITY MAKES NO WARRANTIES ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, WE DO NOT WARRANT THAT INDOORHOOPS OR ANY OF OUR SERVICES WILL OPERATE ERROR-FREE OR THAT INDOORHOOPS AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF INDOORHOOPS OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE INDOORHOOPS.
THE CONTENT OF INDOORHOOPS IS INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING MEDICAL, LEGAL, PROFESSIONAL, FINANCIAL, OR OTHER ADVICE OF ANY KIND. IH ENTITY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH INDOORHOOPS. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. ANY ACTION OR DECISION THAT YOU MAKE REGARDING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH INDOORHOOPS IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IH ENTITY, OUR OFFICERS, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, VENDORS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR INDOORHOOPS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON INDOORHOOPS, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING INDOORHOOPS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL IH ENTITY, OUR SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES, PARTNERS, VENDORS, LICENSEES AND THEIR EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN INDOORHOOPS OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH INDOORHOOPS INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL IH ENTITY OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, VENDORS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF INDOORHOOPS OR SERVICES AVAILABLE THROUGH INDOORHOOPS OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
You agree to defend, indemnify, and hold harmless IH Entity and its owners, principals, affiliates, subsidiaries, partners, vendors, licensors and licensees, and their and our directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys' and expert fees and court costs, that arise from (i) your use or misuse of IndoorHoops; (ii) your violation of these Terms (including any breach of your representations and warranties contained herein); (iii) your violation of any law or third-party right, including without limitation any third party's patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. We will give you notice in the event of an indemnifiable event. We reserve the right, at our 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 us in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.
These Terms will remain in full force and effect while you are a user of IndoorHoops and may be terminated by us at any time with or without notice. In the event of termination, you are no longer authorized to use or access IndoorHoops. You hereby acknowledge that the restrictions imposed on you with respect to any content downloaded from IndoorHoops, the disclaimers and limitations of liabilities, your indemnification obligations, and your payment of any outstanding fees owed to us shall survive the termination of these Terms.
Certain areas of IndoorHoops may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas. Additionally, certain services offered through IndoorHoops may also be subject to other contracts with us containing additional Terms. You agree to be bound by the additional Terms in any other contract you may have with us. In the case of any conflict between these Terms and any contract you have with us, the terms of your contract will prevail.
IndoorHoops is managed in the State of New York, United States of America. We make no representation that content of, or any services or products available through, IndoorHoops are appropriate or available for use in locations outside the United States. Accessing IndoorHoops from territories where the IndoorHoops content is illegal is expressly prohibited. If you view and/or access IndoorHoops from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Deactivation of IndoorHoops
You hereby agree that these Terms and your use of IndoorHoops shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in [New York] County, New York, or all disputes, cases, and controversies regarding IndoorHoops, your use of IndoorHoops, and your relationship with us (except we may seek injunctive remedy anywhere).
Limitation on Claims
YOU AND IH ENTITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF INDOORHOOPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE NOT TO BRING OR TAKE PART IN A CLASS ACTION AGAINST IH ENTITY. TO THE FULLEST EXTENT POSSIBLE BY LAW, INDOORHOOPS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH INDOORHOOPS OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement and Severability
Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of IndoorHoops and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You affirm that you are 18 or older and are fully able and competent to enter into and be legally bound by these Terms. You must be 18 years or older to access or use IndoorHoops in any manner. By accessing and using IndoorHoops, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the Terms. If you use IndoorHoops, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.