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Terms of Conditions & Privacy Policy

Web Site Terms and Conditions of Use

This agreement was written in English language. To the extent any translated version of this agreement conflicts with the English version, the English version controls. The accuracy of these translations can not be guaranteed. Please do not use this website, If you do not understand or are not sure of our terms of use.

W.F.B.A. reserves the right to refuse or cancel any profile and membership with WFBA.COM without explanation.

Date of Last Revision: 
August 17, 2014.

Age restrictions

You may not register for a profile if you are under the age of 13. Creating an account with false info is a violation of our terms. This includes accounts registered on the behalf of someone under 13. You acknowledge that some parts of WFBA.COM may contain material that is inappropriate for minors. Minors who access this site are required to be supervised by a parent or guardian. Minors are not permitted to upload images of an adult nature. 
We will immediately delete the account of any child under the age of 13.

To find out more about why we can’t allow children under the age of 13, please visit the link below.

http://www.coppa.org

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. License and warranty for your submissions to WFBA.COM

As between you and WFBA.COM, you own the content and information you provide WFBA.COM under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant WFBA.COM a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to WFBA.COM, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to WFBA.COM, without any further consent, notice and/or compensation to you or to any third parties.

Pursuant to this license, WFBA.COM may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.

Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

It is your responsibility to keep your WFBA profile information accurate and updated.

3. Service Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a WFBA account, (3) are not a competitor of W.F.B.A. or are not using the Services for reasons that are in competition with W.F.B.A.; (4) will only maintain one WFBA account at any given time; (5) will use your real name and only provide accurate information to W.F.B.A.; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of W.F.B.A. or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for W.F.B.A. to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

4. Payments

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to W.F.B.A. storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. W.F.B.A. does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a PayPal, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services on the Privacy and Settings page. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that W.F.B.A.’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your W.F.B.A. account settings under “Purchase History”.

5. Registration and Account Security

When you create your WFBA account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.

WFBA.COM users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1.You will not use WFBA.COM if you are under 13.

2. You will not provide any false personal information on WFBA.COM, or create an account for anyone other than yourself without permission.

3.You will not create more than one personal account.

4.If we disable your account, you will not create another one without our permission.

5.You will not use WFBA.COM if you are a convicted sex offender.

6. You will keep your contact information accurate and up-to-date.

7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

8. You will not transfer your account to anyone without first getting our written permission.

9. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

6. Disclaimer 


The materials on WFBA.COM’s web site are provided “as is”. WFBA.COM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, WFBA.COM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

7. Limitations 



In no event shall WFBA.COM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on WFBA.COM’s Internet site, even if WFBA.COM or a WFBA.COM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 



8. Revisions and Errata 



Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk. 
The materials appearing on WFBA.COM’s web site could include technical, typographical, or photographic errors. WFBA.COM does not warrant that any of the materials on its web site are accurate, complete, or current. WFBA.COM may make changes to the materials contained on its web site at any time without notice. WFBA.COM does not, however, make any commitment to update the materials.

9. Links 



WFBA.COM has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by WFBA.COM of the site. Use of any such linked web site is at the user’s own risk.

10. Site Terms of Use Modifications 



WFBA.COM may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

11. Governing Law 



Any claim relating to WFBA.COM’s web site shall be governed by the laws of the Netherlands without regard to its conflict of law provisions.

12. DMCA Copyright Infringement Notification 



Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”).

WFBA.COM respects the intellectual property rights of others. It is WFBA.COM’s policy that it will respond expeditiously to a legitimate claim of copyright or other intellectual property infringement. WFBA.COM will promptly process and investigate any notice of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of a notice complying or substantially complying with the DMCA, WFBA.COM will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. WFBA.COM will terminate access for subscribers and account holders who are repeat offenders.

For more information on what copyright infringement is please watch this video.

It comes with subtitles!

<iframe width=”640″ height=”360″ src=”//www.youtube.com/embed/InzDjH1-9Ns” frameborder=”0″ allowfullscreen></iframe>

12.1 File a copyright infringement notification 



To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing Username and URLs in the body of an email is the best way to help us locate content quickly.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. In other words, DON’T MAKE FALSE CLAIMS! 
To expedite our ability to process your request, such written notice should be sent to our designated agent who’s contact information is available via our “DMCA Infringement Notification Department” listed below

DMCA Infringement Notification Department

copyright@wfba.nl

There are plenty of resources to learn more about copyright law including http://copyright.gov, http://chillingeffects.org/, and http://www.eff.org/issues/bloggers/legal/liability/IP.

Tip: In general, the photographer and NOT the subject of a photograph is the actual rights holder of the resulting photograph.

Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

12.2 What happens if I receive a DMCA notification? 



If you receive a DMCA notification, it means that the content described in the notification has been removed from WFBA.COM or access to the content on WFBA.COM has been restricted. Please take the time to read through our notice to you, which includes information on the notification we received as well as instructions on how to file a counter-notice. 


When should I file a counter-notice? 
If you believe that the material reported in the DMCA notification you received was misidentified or removed in error, you should file a counter-notice as per the instructions below. 


Tip: Re-posting material removed in response to a DMCA notification may result in permanent account suspension. If you believe the content was removed in error, please file a counter-notification rather than simply re-posting the material. 


What information do you need to process a counter-notice? 
To submit a counter-notice, you will need to provide us with the following information: 
A physical or electronic signature (typing your full name will suffice); 
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA notice will suffice); 
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which W.F.B.A. may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. 
To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons. 


What happens after I submit a counter-notice? Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.

Tip: We cannot offer any legal advice. Should you have questions, please consult an attorney.

13. Promotion & Advertising guidelines for: WFBA.COM 



On WFBA.COM we allow users to promote events on our events page and on their own profiles as long as they are according our guidelines. It is not allowed to promote events on the forum page of WFBA.COM.

We reserve the right to reject, approve or remove any promotion or event for any reason, in our sole discretion, including promotion that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or promoting guidelines. 
These guidelines are subject to change at any time.

These guidelines are not intended to restrict or impede creative and/or innovative advertising. Rather, they highlight certain types of content that publishers should avoid when creating qualifying advertising. These Guidelines also are not intended to address or illustrate every type of extreme or offensive content that could lead to a violation.

The focus of your event should be toward the freestyle basketball community. Advertising must include all relevant information such as the time and place of the event, the admission policy and price. It is allowed to credit sponsoring and co-sponsoring funding sources as long as they are according our guidelines.

13.1 Principles 



A. Promotion Content

Advertisers must ensure that their ads comply with all applicable laws, regulations and guidelines. All claims in ads must be adequately substantiated. Ads must not offend users. Ads and any offers promoted within ads must not be false, deceptive or misleading or contain spam. Ads must not contain or promote illegal products or services. Ads must not violate the rights of any third parties.

Promotions, or categories of promotion, that receive a significant amount of negative user feedback, or are otherwise deemed to violate our community guidelines, are prohibited and may be removed. In all cases, W.F.B.A. reserves the right in its sole discretion to determine whether particular content is in violation of our community guidelines. The following specific content guidelines apply:

i. Illegal Activity 
Promotions may not constitute, facilitate or promote illegal activity.

ii. Harassment 
Promotions may not insult, attack, harass, bully, threaten, demean or impersonate others.

iii. Hate Speech 
Promotions may not contain “hate speech,” whether directed at an individual or a group, based on membership within certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, sexual life, gender identity, criminal record, financial status, disability or medical condition (including physical or mental health) information or language.

iv. Minors 
Promotion that is targeted to minors may not promote products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate.

v. Sex/Nudity 
Promotions may not contain adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.

vi. Shock Value 
Promotions may not be shocking, sensational or disrespectful, or portray excessive violence.

B.

i. Destination Sites 
Ads must lead to a functioning landing page that does not interfere with a user’s ability to navigate away from the page.

ii. Adult Products 
Promotions may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, family planning, contraception or sexual enhancement products.

iii. Rights of Others 
Promotions may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

iv. Drugs and Tobacco 
Promotions may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.

v. Alcohol 
Promotions may not promote the sale or use of alcohol.

vi. Pharmaceuticals 
Promotions may not promote the sale or use of prescription pharmaceuticals.

vii. Software 
Promotions may not contain or link directly or indirectly to a site that contains spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience.

viii. Weapons and Explosives 
Promotions may not promote the sale or use of weapons, ammunition, or explosives.

We reserve the right to reject, approve or remove any promotion or event for any reason, in our sole discretion, including promotion that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or promoting guidelines. 
These guidelines are subject to change at any time.

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