Terms of Service

 Terms of Use and Conditions:

Thank you for visiting, DUNK360.COM (hereinafter sometimes referred to as “DUNK360” or the “Site”). PLEASE READ THE FOLLOWING TERMS OF USE AND CONDITIONS CAREFULLY BEFORE USING THE DUNK360 WEBSITE. By using or accessing this Site, you are accepting these Terms of Use and Conditions (The “Terms of Use and Conditions”), Privacy Policy, and all applicable laws. Dunk360 reserves the right to update, revise, or change these Terms and Conditions at any time, by continuing the use of the Site, you are in acceptance of those new Terms of Use and Conditions. Your use of the Site also is subject to any other Terms that may be posted in another area of the Site. If any of the additional Terms conflict with the Terms of Use and Conditions, then these Terms will control. If you do not agree or accept these Terms of Use and Conditions then you may not use the Site.

1. Use of the Site and License.
DUNK360 allows you use of the Site and its Services for personal and non-commercial purposes. By completing and submitting the membership registration, you have agreed to receive email communications and notifications from us. You are prohibited from using this Site to upload, transmit through the Site any content, information, data, links, programs or software. Upload, transmit, or introduce to the Site any material which contains website viruses, computer viruses, worms, Trojan horses, spy bots, use of data mining or any other gathering, extracting tools or methods. You may not misrepresent or falsify the identity of a user or use false information and false email addresses. You many not download, copy, reproduce, extract, harvest any account information for the use or benefit for any other third party, website, vendor, or use that may be harmful to Dunk360or the website. You are prohibited from sending users, and member’s unsolicited material via e-mail, in addition to violating any privacy rights. If you, any user, or use of this site is breached, unauthorized, or illegal Dunk360 shall terminate or prohibit your use of this Site.

2. Eligibility.
The Site is NOT available to persons who are under the age of 13, and who have not been suspended or removed by DUNK360 for any reason. If you are under the age of 13 please do not use the DUNK360 website. Talk to your parents or legal guardians about what website are appropriate for you. DUNK360 reserves the right to revoke, suspend or prohibit your membership for any reason, without notice if these Terms of Use and Conditions or Privacy Policy have been violated.
3. Account and Password.
By using this Site you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account and password. In the event that there is any unauthorized use under your account and or password or any other breach of security, you agree to immediately notify DUNK360. The information, which you provide during registration, must be true, accurate, complete and not misleading. DUNK360 reserves the right to terminate or refuse use of the Site on reasonable grounds.

5. Indemnification.
You agree to indemnify, hold harmless DUNK360, its subsidiaries, divisions, officers, directors, affiliates, employees, partners, agents, contractors, vendors, representatives and assigns from any claims, demands, damages, losses, liabilities, including but not limited to attorneys’ fees, and costs and expenses of defense, resulting or related to your breach or misuse of the Site, Terms of Use and Conditions, or your violation of any law or the rights of a third party.

6. Limitation of Liability.
You agree and understand that DUNK360, its subsidiaries, divisions, officers, affiliates, employees, partners, agents, contractors, vendors, manufacturers, distributors, representatives or third parties shall not be liable to you or any user of the Site, for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, loss of data, loss of use, or goodwill resulting from the use of the Site or any services that maybe associated with DUNK360.

7. Disclaimer.
DUNK360, The Site, All content, information, services available or obtained from this Site are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or use, non-infringement, security or accuracy. DUNK360 is not responsible or liable for any loss or damages related to any content provided by third parties, or linked sites. DUNK360 is not responsible for any computer, or technical malfunctions, failure of any email, server problems, including damage to user or member’s computer related from use of the Site or its services. It is the user’s responsibility to inspect, and evaluate the accuracy of any opinion, advice, or recommendations available on the Site or the Services. Users who access the Site out side the United States are responsible to comply with local laws and the Terms of Use and Conditions.

8. Electronic Communications, Email, and Postings.
The Site may provide Users with the ability to send email messages to others and to post messages on the Site. DUNK360 has the right but not the obligation to review or monitor Member or user content, messages, or postings.  Moreover, DUNK360 does not warrant, represent or take liability in any manner for the content of individuals that may use this service.  DUNK360, however, has the right to remove without notice any user postings, messages, or content. Users understand and agree that they will not post content, email or communicate abusive, unlawful, obscene material, advertisement or solicitation of any kind, political or similar, personal information (including social security numbers, addresses, phone numbers, etc) messages containing or expressing confidential information or opinions regarding DUNK360, its subsidiaries, affiliates, or associates. Chain letters, spam, promotions, any offer of unauthorized downloads of copyrighted material or private information. You agree and understand that you will not send email invitations, inviting people to join the site that you don’t know or who are unlikely to recognize as a known contact.

9. Links.
The Site may provide links to other websites on the internet (“world wide web”). You acknowledge and agree that DUNK360 has no control over such sites and is not responsible or liable for the content, accuracy, legality, available from such websites; DUNK360 will not be responsible or liable for any loss or any damage caused in connection or by the use of these websites, their products or services.

10. Trademarks and Property Rights.
You agree and understand that the copyrighted material, trademarks, logos, service marks, videos, graphics, music displayed or available on the Site are the property of DUNK360, its affiliates, licensors, and subsidiaries and are protected by trademark, copyright, and other proprietary rights and laws. Users agree that they are prohibited from using any of these Marks for any purpose. You agree not to sell, copy, reproduce, transmit, distribute, display, perform, modify, publish, adapt, edit or create derivative works from the Site. Without limiting the foregoing, if you believe that your work has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest (ii) a description of the copyrighted work that you claim has been infringed (iii) a description of where the material that you claim is infringing is located on the Website (iv) your address, telephone number, and email address (v) 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 and (vi) 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. Dunk360’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Dunk360’s for copyright issues or notice of claims relating to the Site is:
Mail: Copyright Agent c/o DUNK360, 54 West 39th Street, New York, NY 10018
Email: Copyright[at]DUNK360.com

13. Miscellaneous.
These Terms of Use and Conditions and any dispute that may arise between you and DUNK360, its subsidiaries, members, affiliates, partners, officers, directors or its assigns shall be governed by the laws of the State of New York without regard to its conflict of law and or principles. Any action or legal proceedings related to the Site are in agreement to be brought to Federal Court located in the Southern District of New York. DUNK360 shall have the right to institute judicial proceedings against you or anyone acting under you, by you, or for you. In addition, you agree to waive any right to a trial by jury in any legal proceeding against DUNK360, its partners, associates, employees, affiliates, officers, agents, or directors with these Terms of Use and Conditions. This Term of Use and Conditions enforces the entire agreement with you and DUNK360 and governs your use of the Site, superseding and prior agreements between you and DUNK360 with respect to the Site, oral, electronic, or written. If any of these Terms of Use and Conditions is held invalid, void, or unenforceable, the parties agree that the portion shall be construed consistent with the courts and the applicable law, and remaining conditions and portions shall remain in full force and in effect. The failure of DUNK360 to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. DUNK360’s failure to enforce or act to any right or breaches of the Terms or Use and Conditions does not constitute its waiver of its right. The Headings are for convenience and reference only and shall not limit or affect the Terms of Use and Conditions.

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