THIS WEB SITE ("WEB SITE") IS OWNED, MANAGED AND PUBLISHED BY VAPORMEDIA VIRTUAL SPORTS ("NBL DREAM TEAM", "WEB SITE"), A BUSINESS UNIT OF VAPORMEDIA PTY LIMITED.
The NBL Dream Team may, at its sole discretion, modify, restrict, change, or otherwise alter the Agreements or the Web Site, in whole or in part, impose limits on certain features or services on the Web Site or restrict your access to part or all of the Web Site. By continuing to access and use the Web Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. The NBL Dream Team may not notify you of changes, alterations or modifications to the Agreements that are necessary or desirable, as we determine in our sole discretion.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE SITE:
1. ONLINE CONDUCT
The NBL Dream Team Web Site is intended for the users' personal enjoyment. You agree and acknowledge that the Web Site and any bulletin board or chat room on the Web Site, if any, is public and not private communications. Users shall use the Web Site for lawful purposes only. On occasion, a bulletin board or chat room may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent the NBL Dream Team's views or opinions. You agree that the NBL Dream Team shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such chat rooms or bulletin boards. The NBL Dream Team reserves the right to delete, move or edit content, chat rooms and bulletin boards or have such links removed if they are inaccurate, abusive, defamatory, obscene, copyright violative or otherwise unacceptable in their nature or placement.
2. REGISTRATION FOR GAMES
To have access to the various games and competitions at the NBL Dream Team, you must register on the Web Site. When and if you register to become a member, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, the NBL Dream Team reserves the right to terminate this Agreement and your use of the Web Site.
As part of the registration process, you will be asked to select a user name and password. The NBL Dream Team may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by the NBL Dream Team at its sole discretion.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. USER PRIVACY
The NBL Dream Team is committed to responsible management of your information and abides by all rules, both ethical and legal, with respect to the use of consumer information. For further details,
click here to view the NBL Dream Team
Privacy Policy.
4. USER INPUT
You hereby agree that any idea that you may convey shall become the sole and exclusive property of the NBL Dream Team and that the NBL Dream Team will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
5. CONTENT
The Web Site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by the NBL Dream Team or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by the NBL Dream Team. The NBL Dream Team cannot be held responsible for the Content's accuracy and reliability.
6. LINKS AND ADVERTISING
From time to time, the Web Site will contain hyperlinks ("Links") to third party web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Such Links and Advertising are for your reference only, and the NBL Dream Team neither controls such linked web sites or Advertising nor is it liable or responsible for their content. Display of such Links or Advertising on the Web Site does not imply or express any endorsement by the NBL Dream Team or any individuals or entities referred to in the Content on such linked web sites, or of such Links or Advertising, or any association with their operators. The user is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such web site operators or Advertisers. Other web sites may also have a link to the NBL Dream Team Web Site posted on their web site; you hereby acknowledge and agree that the NBL Dream Team is not responsible for the content of any such web site or the actions of any operator of any such web site.
7. PRIZES, GIVEAWAYS, CONTESTS & SWEEPSTAKES
Any rules, regulations and permits relating to prizes and giveaways in association with the games and competitions provided by the NBL Dream Team will be published on pages detailing and according to prizes given away on a case by case basis.
8. COPYRIGHTS AND TRADEMARKS
The NBL Dream Team and all materials on this Web Site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under Australian and worldwide copyrights which are owned or licensed, in whole or in part, by the NBL Dream Team or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, servicemarks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Web Site or any other web site owned or operated by the NBL Dream Team without our prior written consent, which may be withheld at the NBL Dream Team's sole discretion. Any manipulation of the Web Site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of the NBL Dream Team copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Web Site on any other web site or other networked computer environment is prohibited without the prior written consent of the NBL Dream Team, which may be withheld at its sole discretion. The NBL Dream Team may revoke the license to display a Link to its Web Site at any time upon three days notice.
You represent you are the sole author and proprietor of any information or ideas that you submit to the NBL Dream Team, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
9. USER INDEMNITY
You agree to defend, indemnify and hold harmless, the NBL Dream Team, affiliates, agents, employees, directors, interest holders, officers, managers and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Web Site on any web site or in any e-mail, or (iii) your use of the Web Site or participation in any activities arising from this Web Site, including but not limited to, its online games and competitions. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF THE NBL DREAM TEAM OR ANY OF NBL DREAM TEAM OFFICERS, MANAGERS, AGENTS, DIRECTOR, AFFILIATES, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE NBL DREAM TEAM NOR ANY OF ITS OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT USE OF THE WEB SITE IS ENTIRELY AT YOUR OWN RISK. THE NBL DREAM TEAM WEB SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH ANY OTHER WEB SITE. THE NBL DREAM TEAM SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.
NEITHER THE NBL DREAM TEAM NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON OR SUBMITTED TO THE NBL DREAM TEAM.
IN THE EVENT THAT THIS SECTION 10 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST THE NBL DREAM TEAM OR ANY OF ITS AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS, INTEREST HOLDERS, OFFICERS, MANAGERS OR CONTENT PROVIDERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR THE NBL DREAM TEAM.
11. VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. MISCELLANEOUS
Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by the NBL Dream Team, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision.
The Agreements constitute the entire agreement between you and the NBL Dream Team and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the NBL Dream Team with respect to the Web Site. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect.
Any rights not expressly granted herein are reserved.
Further enquiries, questions and comments about the NBL Dream Team and its Terms & Conditions of Use, can be forwarded to the NBL Dream Team by contacting us here.
