1. Website Operator
This website is controlled and operated by Court Side BV. Information or material submitted to this website is hosted and stored in a database on servers situated in The Netherlands. The Terms of Service set forth below are binding on all users of this website. By directing your browser to this website or otherwise accessing the pages of this website, you accept these Terms of Service. Court Side BV may change the Terms of Service, or may modify or discontinue the website or services offered thereon, at any time at its sole discretion. Court Side BV reserves the right, at its sole discretion, to deny further or continuing access to the website to any visitor, including, without limitation, any user that Court Side determines has violated any aspect of these Terms of Service. Court Side BV reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by Court Side BV.
2. Applicability
2.1 These terms and conditions are applicable to every legal relationship between Court Side BV and you which is related directly or indirectly to this website and the material contained therein or provided thereby (including design, layout, look, appearance, information, texts, graphics, images, trademarks, logo’s, product names and software; together hereinafter referred to as “Material” and this website and the Material hereinafter referred to as this “Website”).
2.2 Court Side BV grants you the right to access and use this Website subject to these terms and conditions. You agree to these terms and conditions by accessing or using this Website or continuing accessing or using this Website, including after changes have been made to this Website or these terms and conditions (pursuant to clause 2.3 below). Any terms which you desire to be applicable are hereby explicitly rejected.
2.3 Court Side BV reserves the right to and may, at any time and without prior notice, (i) terminate or limit such access and use, (ii) vary or amend this Website and these terms and conditions and (iii) charge and subsequently increase fees.
3. Use of Website
3.1 This Website is protected by intellectual property rights, including copyrights, database rights and trademark rights, and such rights are owned by Court Side BV, its licensors or contributors to this Website.
3.2 Court Side BV, its licensors and the contributors to this Website only grant you the revocable and non-exclusive right, which may not be sub-licensed or transferred, to use this Website solely for (i) in case of job seekers, personal, non-commercial use, (ii) in case of job offerors and intermediaries, recruitment purposes relating to job seekers who provided information to or via this Website (meaning, among other things, that job offerors and intermediaries other than Court Side BV may only read such information and use it for a specific job proposal and not, among other things, make such information public, copy parts of the database or use it to bring your services to the attention of others.
3.3 Any use of this Website other than in accordance with clause 3.2 (including making public, copying other than per instance viewing of a page from the Website, spamming, denial of service attacks, automated searches, spidering, using intelligent agents, anything which may de-crease performance of the Website, harvesting, modifying, framing, transmitting or distributing) (i) is not permitted without prior approval from Court Side BV and (ii) may constitute to intellectual property right infringement, be a criminal offence or give rise to claim for damages.
3.4 You will comply with all applicable laws, rules and regulations relating to your use of the Website. You will comply with all reasonable instructions we give you relating to the Website.
3.5 You are responsible for use of the Website by any person using your password. You will ensure the confidentiality of your password and prevent any unauthorized person accessing the Website through the use of your password.
4. Your materials
4.1 You guarantee that all Material you submit, send, or upload to the Website (“Your Material”) (i) is legal, decent, honest and truthful, (ii) complies with all laws, rules and regulations, (iii) does not infringe intellectual property rights of use or any third party, (iv) is not subject to any duty of confidentiality and is non-proprietary, (v) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (vi) is free of bugs, worms or viruses and (vii) is not fraudulent, false, unreliable or misleading. It is prohibited to publicly post any type of contact information on the website. In addition, those who post Basketball job openings on the website are not allowed to post and/or promote touring teams, camps or anything other than real Basketball job openings. Agents who have posted a player profile on the site are only allowed to promote THAT particular player. They are not allowed to promote any other players who’s profile they have not posted on the website. You agree that Court Side BV may remove your material from the Website if it deems that you are in breach of the above.
4.2 You grant Court Side BV a world-wide, non-exclusive, irrevocable and perpetual license to use, make public, copy, modify, display, frame, transmit or distribute your material for any purpose (together “Using Your Material”), it being understood that your personal information will always be held by Court Side BV in accordance with its privacy statement.
5. Reliance and relationships between visitors
5.1 This Website should not be relied on and does not constitute any form of advice or recommendation. Any arrangements made between you and any third party named or referred to on the Website are entirely at your sole risk and responsibility.
5.2 Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship and Court Side BV makes no representation or warranty and is not responsible for you finding suitable employment or filling your vacancy.
6. Linking
This Website contains links to other websites and other websites may contain links to this Website. Court Side BV is not responsible or liable for such other websites or the availability of such links. Any link provided on this Website is provided as a convenience only and such links or websites linking to this Website are not intended to be, nor may be construed as, an endorsement of any kind by Court Side BV of those other websites.
7. Liability
7.1 No representation, warranty or condition, express or implied, statutory or otherwise, as to condition satisfactory quality, performance, fitness for purpose or otherwise is given by Court Side BV in respect of the Website, including the Website (i) being compatible with all hardware and software which may be used by visitors to the Website, (ii) operating in accordance with your expectations, (iii) being error free, (iv) being accurate. All such representations, warranties and conditions are excluded except to the extent their exclusion is prohibited by law.
7.2 Court Side BV’s liability to you and your sole remedy vis-à-vis Court Side BV under or in connection with the Website (whether based on negligence, breach of contract, breach of statutory duty, restitution, tort or otherwise) shall be to take such actions reasonably required at Court Side BV’s discretion to remove or delete data entered in error or the subject of dispute, or correct data entered in error.
7.3 These terms and conditions do not exclude liability (if any) to you for personal injury or death resulting from negligence or fraud of Court Side BV or for any matter which it would be illegal for Court Side BV to exclude or to attempt to exclude its liability.
7.4 Except as set out in clause 7.3, Court Side BV will not be liable to you whatsoever (whether based on negligence, breach of contract, breach of statutory duty, restitution, tort or otherwise) for any injury, death, cost, damage or direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) whether it was foreseeable or not, howsoever caused, arising out of or in connection with the use or relying on this Website, including as a result of any computer virus. It is your responsibility to run an antivirus program when using this Website.
7.5 You agree to indemnify Court Side BV and hold harmless from and against any costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs which Court Side BV may suffer or incur in consequence of (i) Using Your Material or (ii) you being in breach of these terms and conditions.
8. Subscription
If you would like to upgrade your free membership to a paid subscription or any other paid features (the “Service”), the following terms apply: Court Side bills you through an online account for use of the service. You agree to pay Court Side all charges you subscribe for on the website using this online account. Court Side may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the website when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You can upgrade your subscription at any point in time. The cost of the upgrade will be equal to the new subscription price less the pro-rated time remaining on your previous subscription. Upgrading your subscription during your currently active billing cycle will simply result in a prorated charge.
9. Automatic renewal
Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Dashboard” and click on “Stop subscription”. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
10. Credit card charge back policy
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our service or other users or Members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
11. Refunds
Please note that you may not use goods that you have received before deciding to withdraw from the purchase. The normal right to withdraw exists to allow you to examine the product in the same way as you would in a shop, not to give any free use. Our website doesn’t sell physical goods but online services that can be used instantly. You hereby agree that once you have logged in as a subscriber you will be considered to have used our services and therefore can’t claim a refund of any kind.
12. Privacy
Court Side BV’s privacy statement can be seen by clicking here. This privacy statement forms part of these terms and conditions and sets out our policy in relation to holding and using and processing information which Court Side BV may obtain from you in the course of you using this Website.
13. Jurisdiction and general
13.1 The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute which may arise out of or in connection with (i) any legal relationship between Court Side BV and you which is related directly or indirectly to this Website, (ii) these terms and conditions, (iii) use of the Website or (iv) Use of Your Materials shall be governed by Dutch law and the competent court in Amsterdam shall have exclusive jurisdiction to settle any such disputes.
13.2 These terms and conditions (including the privacy statement referred to in clause 8) contain all the terms which you and Court Side BV have agreed in relation to the use of the Website.
13.3 If a provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect (a) the legality, validity or enforceability in any other jurisdiction of that or any other provisions; or (b) the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions.
13.4 A waiver (whether express or implied) by Court Side BV of any of the provisions of these terms and conditions or of any breach or default by the other of Court Side BV in performing any of these provisions will not constitute a continuing waiver and that waiver will not prevent Court Side BV from subsequently enforcing any of the provisions of these terms and conditions not waived or from acting on any subsequent breach or default by the other party under any of the provisions of these terms and conditions.