Terms Of Service

Kingmaker Media, LLC

Terms of Service

The following Terms of Service cover all websites and associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software, social media accounts, RSS services, mobile services (as defined below) and other products, materials, or services made available on, from, or through websites of Kingmaker Media, LLC (“Kingmaker Media”), (collectively, the “Websites”) and any subsidiary or affiliate owned or operated by Kingmaker Media (collectively, “Kingmaker Media”).  Please carefully read these Terms of Use before accessing any of the Websites.

These Terms of Use, together with Kingmaker Media’s Privacy Policy at https://hoopgodz.com/privacy-policy and Kingmaker Media’s Copyright Policy at https://hoopgodz.com/copyright-policy, (collectively, with these Terms of Use, referred to herein as “Terms”), and any other legal notices published by Kingmaker Media on the Websites, constitute the entire agreement between you and Kingmaker Media.

By visiting any Website or downloading, installing, or using any Kingmaker Media service, you signify your agreement to the conditions set forth in these Terms.  If you do not agree to these Terms, including the Kingmaker Media Privacy Policy and Copyright Policy, please do not use the Websites.

The Websites are controlled, operated, and administered by Kingmaker Media from its offices within the United States of America.  Kingmaker Media makes no claim that the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where such content is illegal is prohibited.  If you access any Website from a location outside of the United States, you are responsible for compliance with all laws of that country.

These Terms apply to all users of the Websites, including those who contribute User Submissions (as defined below).  These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilations, photographs, computer codes, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, and all other elements of and materials incorporated in, appearing on, or published on the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”).

Modification of Terms

Kingmaker Media may, in its sole discretion, modify, supplement, or revise these Terms at any time.  Unless a change is made for legal or administrative reasons, Kingmaker Media will provide reasonable notice before the updated Terms become effective.  You agree Kingmaker Media may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Kingmaker Media may reasonably specify) constitutes your agreement to the updated Terms.  Therefore, you should review these Terms before using the Websites.  The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.

The Websites are currently a free service; however, Kingmaker Media reserves the right to, at any time, begin charging for use of any or all parts of the Websites.  Kingmaker Media also reserves the right to discontinue any part of the Websites at any time, as well as the right to reclaim user names that have become inactive or to reclaim them on behalf of businesses or individuals that hold legal claim or trademark on those user names.

User Age Requirements

To use the Websites, you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the Websites.  If you are under 13 years of age, please do not use the Websites.

Kingmaker Media Accounts

You do not need an account to access content on the Websites; however, in order to access some features on the Websites, you must create an account.  You may be able to create your account using your Facebook, social media, email or other outlets.  Your use of third-party services is governed by the terms of use and privacy policies of those third parties.

You may never use another’s account without permission.  When creating your account, you must provide accurate and complete information.  You agree that you will not solicit, collect or use the login credentials of other Kingmaker Media users. Kingmaker Media prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.  You also represent that all information you provide or provided to Kingmaker Media upon registration and at all other times will be true, accurate, current, and complete.  You agree to update your information as necessary to maintain its truth and accuracy.

You are solely responsible for the activity that occurs on your account, and must keep your account password secure and protected from unauthorized use.  You must notify Kingmaker Media immediately of any breach of security or unauthorized use of your account.  Although Kingmaker Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kingmaker Media or others due to such unauthorized use.

Kingmaker Media will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by Kingmaker Media.

Mobile Services

Kingmaker Media may offer services that are available via a mobile device or app, including the ability to: (1) upload User Submissions to the Websites via a mobile device; (2) browse the Websites from a mobile device; and (3) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).

To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier.  Not all Mobile Services may work with all carriers or devices.  By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Kingmaker Media.

Proprietary Rights in the Websites

You acknowledge and agree that the Websites and all Material owned by Kingmaker Media, other than User Submissions, constitute the proprietary and valuable property of Kingmaker Media.  All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of Resignation, or its licensees.  Any use of the Websites, other than as specifically authorized herein, is strictly prohibited.  Any rights not expressly granted herein are reserved by Kingmaker Media.

Some characters, logos, or other images incorporated by Kingmaker Media on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Kingmaker Media (as applicable) or others (collectively, “Trademarks”).  You agree not to use any Kingmaker Media Trademarks without Kingmaker Media’s written consent.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Kingmaker Media.  Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Kingmaker Media Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission, in each instance.  All goodwill generated from the use of Kingmaker Media Trademarks will inure to the exclusive benefit of Kingmaker Media.

Your Use of Material

Your right to use Kingmaker Media Websites, as well as any Material or other content appearing on it, is subject to your compliance with these Terms.  All Material is provided to you as is. Modification or use of the Material or other content on Kingmaker Media Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.

You may access and display Material and all other content from the Websites for non-commercial, personal, entertainment use on a single computer or device only and may not otherwise copy, reproduce, republish, upload, post, transmit, distribute or use it in any way unless specifically authorized by Kingmaker Media.  If Kingmaker Media does authorize you to copy any Material or any part of the Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices.  Using any Material on any other website or networked computer environment is prohibited.  Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Kingmaker Media Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole, or in part) on such software, is prohibited.

You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that Kingmaker Media is not responsible for the accuracy, timeliness, usefulness, or intellectual property rights of or relating to such Material.  You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Kingmaker Media with respect thereto.

Your User Submissions and Conduct

  • Your Submissions.  You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, comments (“User Comments”) to Kingmaker Media, via upload or submission functions on the Websites or third-party websites used by Kingmaker Media Group, via email to submit@hoopgodz.com, or via Mobile Services.  User Pictures, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.”  You understand that whether or not such User Submissions are published, Kingmaker Media  does not guarantee, and disclaims, any confidentiality with respect to any User Submissions.  You grant Kingmaker Media the right to edit and/or modify any User Submissions.  Kingmaker Media reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate. Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Kingmaker Media may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions.  The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.  You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions to “Call Outs,” “1s” or any “Event” categories.  By posting to those categories, you agree you are of legal age.
  • Your Responsibility for User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
  • you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to Kingmaker Media; you have secured all rights, licenses, and permissions to use and to license to Kingmaker Media, any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;
  • you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Kingmaker Media — and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
  • your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.

In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person.  Further, you authorize and license to Kingmaker Media to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.

  • Your License to Kingmaker Media.  For clarity, you retain all of your ownership or licensed rights in your User Submissions.  However, by submitting User Submissions to Kingmaker Media, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
  • you grant to Kingmaker Media, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by Kingmaker Media, or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Kingmaker Media’s businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof;you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms;
  • you waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
  • you grant Kingmaker Media, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose.  You understand and agree, however, that Kingmaker Media may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.

The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.

  • User Submission Content Restrictions.  You agree not to post, email, or otherwise make available any User Submissions that:
  • are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonate any person or entity, including, but not limited to, a Kingmaker Media employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • include personal or identifying information about another person without that person’s explicit consent;
  • are false, deceptive, misleading, deceitful, or misinformative;
  • infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
  • you do not have a right to make available under any law, or under contractual or fiduciary relationships;
  • constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software, hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
  • employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
  • violate any applicable civil or criminal laws or regulations, or promote any illegal activity.
  • No Violation of Third Party Rights.  In connection with User Submissions, you further agree you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kingmaker Media, all of the licenses granted herein.
  • Kingmaker Media’s Data Practices.  You acknowledge that Kingmaker Media may establish general practices and limits concerning use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on Kingmaker Media’s servers on your behalf.  You agree Kingmaker Media have no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites.  Kingmaker Media reserve the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites.  Deleted User Submissions may be stored by Kingmaker Media in order to comply with certain legal obligations and are not retrievable without a valid court order.  Consequently, Kingmaker Media encourages you to maintain your own backup of your User Submissions. You also acknowledge Kingmaker Media reserves the right to terminate accounts that are inactive for an extended period of time.
  • Kingmaker Media’s Modification of Removal of User Submissions.  Kingmaker Media do not control User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions. If at any time, Kingmaker Media chooses, in its sole discretion, to monitor the User Submissions, Kingmaker Media nonetheless assume no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions.  Kingmaker Media do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kingmaker Media, expressly disclaims any and all liability in connection with User Submissions.  Kingmaker Media does not permit copyright-infringing activities on its Websites, and Kingmaker Media will remove all Content and User Submissions if properly notified that such User Submission infringes on another’s copyright pursuant to Kingmaker Media’s Copyright Policy (see the Copyright Policy in the link above).  Kingmaker Media reserves the right to remove User Submissions without notice.
  • No Alteration of Website.  You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other means not intentionally made available or provided through the Websites.  You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a disruptive nature.  You may not inject content, code or otherwise alter or interfere with the way in which any Kingmaker Media page is rendered or displayed in a user’s browser or device.  You agree not to use or launch any automated system — including, without limitation: “robots,” “spiders,” or “offline readers” — that accesses the Websites in a manner that sends more request messages to the Kingmaker Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.  You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.  In your use of the Websites, you will comply with all applicable laws, statutes and regulations.
  • Your Feedback.  If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and authorize use of that Feedback without restriction and without acknowledgment, payment or other compensation to you.  Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.

Copyright Policy

If you believe that any Material made available on any of the Website is in violation of your copyright, please see Kingmaker Media’s Copyright Policy at https://hoopgodz.com/copyright-policy for instructions on how to proceed.  Applicable portions of the Copyright Policy are provided pursuant to the Digital Millennium Copyright Act (the “DMCA”).

Additional Terms for Apple App Store Applications

This section applies to you only if you have downloaded Kingmaker Media software from the Apple or Android App Store.

You acknowledge that these Terms are entered into solely between you and Kingmaker Media, and not with any third party, including Apple, Inc. or Google, Inc.  These Terms are not intended to provide for usage rules for the Kingmaker Media software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).

Subject to all the terms and conditions herein, Kingmaker Media hereby grants you a personal, limited, non-commercial, nonexclusive, non-sub-licensable, non-assignable, revocable license to download, install and use one (1) copy of the Kingmaker Media software, in object code form, only on your App Store-compatible device (“Device”) for the sole purpose of personally using the Websites and, if you have downloaded Kingmaker Media software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple or Android App Store Terms of Service.

You acknowledge that Apple and Google have no responsibility for addressing any claims relating to the Websites or the Kingmaker Media software or your possession and/or use of the Websites or the Kingmaker Media software, including without limitation: (a) product liability claims; (b) any claim that the Websites or the Kingmaker Media software fails to conform to any applicable legal or regulatory requirement; and (c) any claims arising under consumer protection or similar legislation.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

External Link Disclaimer

Kingmaker Media Websites contain links to external, third-party web sites along with relevant commentary to provide our visitors with an up-to-date digest of current news stories. Some of these sites may not be affiliated with Kingmaker Media.

By providing links to other sites, Kingmaker Media does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Kingmaker Media Website in question.

Kingmaker Media does not operate, control, or claim responsibility for the information, content, products and/or services found on any external sites.  Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.

Visiting any external site is done at your own risk.  Kingmaker Media encourages users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites.  Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Comments and Discussion Groups

In order to make the Comments and Discussion sections of the Websites interesting and informative for Kingmaker Media’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments or discussions:

  • If a comment is made using your identity or account, it will be deemed to have been posted by you.
  • Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
  • Do not intentionally make false or misleading statements.
  • Do not offer to sell or buy any product or service.
  • Do not post material that infringes IP Rights or Personal Rights.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Do not question why a previous comment was removed.
  • Keep all comments relevant and ‘on topic’ to the particular Kingmaker Media Website posting open for comments.

Kingmaker Media will not and does not accept responsibility for information posted in the Comments.

If Kingmaker Media receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, Kingmaker Media may remove that post and/or any other related posts.

Termination Policy

You may delete or suspend your account with any Website at any time.  When suspended, your profile will be invisible until you reactivate your account.  If you choose to delete your account, all of your information will be removed from the Websites and our servers. If your profile is suspended or terminated, Kingmaker Media will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on the Websites and our servers.

Kingmaker Media may terminate a user’s account or access to the Websites if, under appropriate circumstances, Kingmaker Media determines you have violated any of these Terms.  If Kingmaker Media terminates your access to the Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Websites.  Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

Kingmaker Media reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegality.  Kingmaker Media may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or ban any further access to such files or the Websites.  Kingmaker Media may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may also be referred to appropriate law enforcement authorities.

In accordance with the DMCA and other applicable laws, Kingmaker Media has adopted a policy of terminating, in appropriate circumstances and at Kingmaker Media’s sole discretion, users who are deemed to be repeat infringers.

Disclaimer of Warranties

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.  THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KINGMAKER MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.   KINGMAKER MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   KINGMAKER MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  KINGMAKER MEDIA MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS.   KINGMAKER MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF  KINGMAKER MEDIA.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  KINGMAKER MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

Limitation of Liability

IN NO EVENT SHALL  KINGMAKER MEDIA, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF  KINGMAKER MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITATION, YOU (AND NOT  KINGMAKER MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU, SPECIFICALLY, ACKNOWLEDGE THAT  KINGMAKER MEDIA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF  KINGMAKER MEDIA’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY  KINGMAKER MEDIA, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY  KINGMAKER MEDIA.

Comments, Discussion, Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON  KINGMAKER MEDIA WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF  KINGMAKER MEDIA OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS.  KINGMAKER MEDIA DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF  KINGMAKER MEDIA.  KINGMAKER MEDIA MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.  ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Indemnification

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you.  You agree to defend, indemnify, and hold Kingmaker Media, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Rules and your use of the Websites.

Severability

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.  No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Kingmaker Media’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kingmaker Media without restriction.

Limitations Period

YOU AND  KINGMAKER MEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Refund Policy

After purchasing Hoop Dollars (hoop$)  at hoopgodz.com operated by Kingmaker Media LLC. We offer a full money-back guarantee for all purchases made on our website. If you are not satisfied with your  Hoop Dollars (hoop$) purchase that you have purchased from us, you can get your money back. 

After refunds are processed it will take 7 to 10 business days to show up in your PayPal balance.

Note:

  • The payment will be refunded to your card if you paid by card.

You are eligible for a full reimbursement within 45 calendar days of your purchase.

 You will no longer be eligible and won’t be able to receive a refund under the following conditions: 

After the 45-day period, you will no longer be eligible and won’t be able to receive a refund.  

If you have any pending Hoop Dollar (hoop$) transfers away from your Hoop Dollar (hoop$)  balance. All pending Hoop Dollar (hoop$) transfers must be completed before any refunds can be processed. 

During the processing of your refund the Hoop Dollars (hoop$) amount reflected in the initial purchase will be deducted from your Hoop Dollar (hoop$) balance.

If you have any additional questions or would like to request a refund, feel free to contact us here:

Hoop Dollar (hoop$) Purchases

You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals, unless restricted by Applicable Law.

By providing us with a payment method, you:

represent that you are authorized to use the payment method that you provide and that any payment information you provide is true and accurate;

authorize us to charge you using your payment method; and

authorize us to charge you for any paid tournament or event  for which you choose to sign up.

We may bill you in advance, at the time of purchase, or shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation chargeback fees, reasonable attorneys’ fees and other legal fees and costs.

Disputes Between Users/Members

In the event of a dispute between users/members, the Hoop Godz staff is available to help resolve the issue.

Fill out the dispute form and the Hoop Godz staff will contact you within 24 hours.

Tap the link in the footer to access the dispute form. In additional there is a dispute form located on the hoop$ transfer page. 

Types of disputes between users/members:

Transfer disputes

Matchup Disputes(Must have video proof)

Transfer Disputes

All transfer disputes must have video proof of the 1 on 1 matchup/Call Out to be valid. 

Upon a staff review of the transfer dispute, the member who losses the dispute will have the hoop$ in dispute transferred from their hoop$ balance to the winner of the dispute when necessary. 

Dispute Resolution

Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.

Contact Information. Kingmaker Media LLC can be reached at:

Kingmaker Media LLC

1817 E Southern AVE, Suite 5-122

Tempe, AZ 85282

support@hoopgodz.com

Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if Kingmaker Media, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Kingmaker Media may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.

The American Arbitration Association (AAA) will run the arbitration between you and Kingmaker Media, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and Kingmaker Media agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.

Class action waiver. To the maximum extent permitted under applicable laws, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You waive the right to seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it shall not apply to those parts but shall apply to all other parts to the maximum extent permitted under Applicable Laws. Instead, those parts will be severed and proceed in a court of law in the state of Ohio, county of Cuyahoga, with the remaining parts proceeding in arbitration.

Transfers

Hoop Dollar (hoop$) transfers are only allowed for 1 on 1/Call Out  wager transfers from the loser of the matchup or Call Out to the winner of the matchup/call out and when an event Host awards the winner of their hosted tournament or event. 

All transfers will remain pending until reviewed by the Hoop Godz staff.

The maximum transfer amount:

1 v 1 : 1000 hoop$

Call Outs : 100 hoop$

Tournaments and Events : unlimited hoop$

Video Proof is required for 1 on 1 matchups/Call Outs, Tournaments, and events or the transfer will be revoked. 

Participants are solely responsible for the transfer of any Hoop Dollars (hoop$). By participating in any  Call Out/ 1 V 1 Matchup, tourneys, tournaments, and event, you agree and acknowledge that any Hoop Dollar (hoop$) wager is non-refundable and that you may not win the  Call Out/ 1 V 1 Matchup, tourneys, tournaments or event.

Payouts

All payouts are processed weekly on Friday.

Payouts are made through Paypal and can take up to 7 to 10 business days to show up in your Paypal account. 

Types of payouts:

hoop$ payouts (90%)

Points payouts (100%)

Affiliate payouts (30%)

Hoop Godz Shop payouts (50%)

Promo Network payouts (95%)

Payout Processing Fees

 A 10%  processing  fee will be deducted at the time of all Hoop Dollar (hoop$)  cash payouts.

ALL PAYOUT PROCESSING  FEES ARE FINAL AND YOU ACKNOWLEDGE THAT KINGMAKER MEDIA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED (EXCEPT FOR A REFUND OF A CURRENT BALANCE, IF APPLICABLE], WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Notwithstanding any other provision in these Terms, Kingmaker shall have sole discretion regarding processing any requests for payout of  Account Hoop Dollar (hoop$) balances. Kingmaker Media  reserves the right to require proof of your identity when you request a payout. If such verification is not received, then the payout request will be cancelled. All taxes associated with the receipt of any payout are the sole responsibility of the user requesting the payout. Payout privileges will be revoked for security purposes when fraud is suspected. If you are permitted to payout funds from your Account, payment may be issued by PayPal, Venmo, Cash app, check, or as otherwise made available by Kingmaker Media. .

Hoop Dollar (hoop$) Wagers.  Hoop Dollar (hoop$) Wagers are agreed upon by each participant before a  Call Out/ 1 V 1 Matchup, tourneys, tournaments, or event.

Winnings. The winner of each Call Out/ 1 V 1 Matchup will be determined by the rules of the specific Matchup. Kingmaker Media may at any time require you to provide proof of eligibility in order to participate in a  Call Out/ 1 V 1 Matchup, tourneys, tournaments, or event.

Following the Call Out/ 1 V 1 Matchup, tourneys, tournaments, or events., even if the Call Out/ 1 V 1 Matchup, tourneys, tournaments, and event ends prematurely, users/members will report Call Out/ 1 V 1 Matchup, tourneys, tournaments and event results to Kingmaker Media. Kingmaker Media will have the sole and absolute discretion to determine the Call Out/ 1 V 1 Matchup, tourneys, tournaments, or event results and winners, and by participating in any Call Out/ 1 V 1 Matchup, tourneys, tournaments, or event, you agree to be bound by its determinations. After the Call Out/ 1 V 1 Matchups, tourneys, tournaments or event winner has been determined by Kingmaker Media, Kingmaker Media will transfer the Hoop Dollars (hoop$) in the Call Out/ 1 V 1 Matchup, tourneys, tournaments or events winner’s Account.

Non-Gambling Website.

No gambling is allowed within the Services. The Call Out/ 1 V 1 Matchup, tourneys, tournaments, and events facilitated through the Services utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of the participants and not by chance. Kingmaker Media does not have knowledge of the probability of any particular participant winning a Call Out/ 1 V 1 Matchup, tourneys, tournaments, or event and makes no representations about an individual member/user’s chances of winning.

Last Updated:  April 9, 2020