IF YOU DO NOT AGREE TO BE FULLY BOUND BY THESE TERMS, PLEASE DO NOT ACCEPT THEM AND DON’T USE THE SERVICES.
- Modifications to the Terms
We may revise these Terms from time to time and the most current version will always be posted on our Website, so please check those pages regularly. By continuing to access or use the Services, after the Terms are updated, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
- Applicable Law:Applicable laws, regulations, case law, compulsory legal requests or generally accepted practices or guidelines in any relevant jurisdiction.
- Connected Services:Personal accounts on third party services authorized by the user for access by NBA Fan Tab.
- Content:Any content, including without limitation, text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features and user generated content.
- Device:Any computer used to access the Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.
- Distribution Partners:Third party software and/or hardware and/or service through which our Software and/or Service is distributed, by way of linking, bundle or otherwise, such as app stores, Devices, applications or other.
- Intellectual Property Rights:Any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
- NBA Fan Tab (or we, our or us):the NBAFanTab.com Service (as defined below), owned and operated by Skyter Technologies Ltd., a private company incorporated in Israel, which is the legal entity referred to when using the term NBA Fan Tab, we, our or us.
- Marks:Trademarks, service marks and logos contained therein, registered or unregistered.
- Service (or Services):Websites, Software, Content and services owned, licensed to, and/or operated by us, under the NBA Fan Tab brand.
- Software:Client software for computer or mobile systems provided by NBA Fan Tab as part of the Service.
- Terms:These Terms of Service.
- Third Party Content:Content which is licensed and/or provided by third parties via API or other means and presented through the Services. This may include any type of content, including RSS feeds, Connected Services content, advertisements, contextual advertisements and any other third party content.
- Third Party Software:Open source and/or other third party software which is integrated into and/or linked from and/or bundled with the Service.
- Website: https://nbafantab.com, or any other URL owned and operated by us under the NBA Fan Tab brand.
- Use of Services
- Eligibility:You may use the Service only in compliance with these Terms and Applicable Law (including any laws regarding the export of data or software). You may use the Service only if you have the power to form a contract with us and you are not barred from doing so under any Applicable Law. The Service is not intended for use by you if you are under the age of 18 or the age which you can enter in a legally binding contract under the Applicable Laws of your jurisdiction (“Legal Age”). By agreeing to these Terms, you are representing to us that you are of the Legal Age.
- Accuracy of Information:In order to access the Service, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to us will always be accurate, correct and up to date.
- Misuse:You will not, and will not attempt to, misuse the Services. You agree not to : (i); copy, distribute or modify any part of the Service without our express prior written authorization; (ii) use the Service to send advertisements, spam, chain letters, or any other type of duplicative or unsolicited message; (iii) use the Service to transmit any content which contains software viruses, malware or other harmful computer code, files or programs; (iv) attempt to interfere with, gain unauthorized access to or disrupt servers or networks connected to the Service; (v) upload inappropriate or copyrighted material; (vi) defame, stalk, threaten or harass any other user of the Service; or (vii) distribute information that is false or misleading, or that is intended to cause harm to others.
- Automated Systems:You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, and “offline readers”, that accesses the Service in a manner that sends request messages to the Service’s servers in a given period of time more 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 e-mail addresses, from the Service, or from the communication systems provided by and through the Service. You also agree not to copy any of the content from the Service for use outside of the Service, such as on another domain or hosted site. We grant the operators of public search engines permission to use spiders to access the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
- BETA Program Warning
From time to time we may offer a BETA version of the Service for purpose of testing new features. This shall be communicated via the Service user interface (for example, by adding the word “Beta”, “Early Access” or “Unreleased” next to our logo or using such terms in our home page or other relevant access pages). In such case, by using the beta version, you confirm your understanding and agreement to participate in the Service BETA testing and that the Service may contain significant software bugs, suffer major disruptions and not operate as intended or designed. Your use of the Service at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
- Account Security
- Software and Updates
The use of our Service may require you to download Software. We hereby grant you a limited, non-exclusive, non-transferable, non-commercial, revocable license to use the Software, solely to access and use the Services. Your license to use the Software will be automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may communicate with the Software from time to time to check for available updates and update the Software on your Device automatically when a new version, a patch, plug-in or a fix is available.
- Our Intellectual Property
The Content and Marks on the Service are owned by MLB News Tab or the applicable third parties that license Content and Marks to MLB News Tab. Any Content on the Service, whether owned by MLB News Tab or third parties, is provided to you “AS IS” for your information and personal use in connection with the Service only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of any Content (including Third Party’s Content) for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service. We reserve all rights not expressly granted herein. The Intellectual Property Rights in any Content developed or otherwise produced by NBA Fan Tab belongs to NBA Fan Tab. “NBA Fan Tab” and the NBA Fan Tab logo are Marks of NBA Fan Tab. All other trademarks, service marks, and logos used on our Service are the trademarks, service marks, or logos of their respective owners. We may use any feedback, comments or suggestions you send us or post in our forums and Website without any obligation to you.
- Third Party Intellectual Property
We respect others’ Intellectual Property rights and ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported to our Copyright Agent, at email@example.com. We reserve the right to delete or disable Content alleged to be infringing and to terminate the use of the Service by infringers.
- Third Parties
- Business Partners:You understand and agree that the Service may utilize the services of third-party providers, including Third Party Software, to provide certain functionalities and/or services through the Service, such as registration, authentication, billing, hosting, provision of Third Party Content or other services. Such services are provided by the third parties in accordance with their own terms of service and privacy policies, and we make no representations or warranties regarding same. You acknowledge that we may replace any of such partners at any time, and from time to time, at our sole discretion, without a notice to you.
- Third Party Content:The Service may also present Third Party Content, including based on search keywords or the context of the Web pages you will be browsing. We have no control over this Third Party Content and assume no responsibility for the content, privacy policies, or practices of any such Third Party Content. You expressly release NBA Fan Tab from any and all liability arising from your use of any Third Party Content. Please note that our Service is not necessarily affiliated with and/or endorsed by such third parties and that these Terms do not create any legal relationship between you and such third party.
- Distribution Partners:We are not responsible for Distribution Partners or any of the software, hardware or services offered by such Distribution Partners and if you encounter any problem with any software / hardware / services from Distribution Partners you should contact the relevant Distribution Partner.
- Changes to your preferences and system
When installing the Software, some changes may take place in your browser and/or operating system preferences, to enable the installation and performance of the Service.
- Free, Premium and Ads
The Service is free of charge and sponsored by advertisements and commercial offers that may be displayed to you by us or by third parties. We may also send you such advertisements and commercial offers via email (and in such case provide unsubscribe option within the email). We may also offer you premium features and/or premium version of the Service, against fees, and in such case we will require your explicit consent and approved payment method. We may stop the Service at any time, without notice. In such case, we shall not have any repayment obligations to premium users for which the term of subscription has not yet expired, as long as we stop the service completely, for all users.
- Service Disruptions
We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result.
We may stop (permanently or temporarily) providing the Service (or any part of the Service) to you or to users generally at our sole discretion, without prior notice to you. In case we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other information or data.
- Uninstall Software / Delete Account
At any given time, you may stop using our Service and/or delete your account and/or uninstall the Software. For assistance and more information about deleting your account and/or uninstalling the Software please refer to the settings menu in the service user interface or to our website at www.nbafantab.com, or contact us at firstname.lastname@example.org.
- NO WARRANTIES
NBA FAN TAB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”. NBA FAN TAB DOESN’T GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF INFORMATION AND OTHER CONTENT AVAILABLE FROM THE SERVICES. BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS UNHELPFUL, INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON’T GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR. NBA FAN TAB WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEMS, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. NOTHING IN THESE TERMS IS INTENDED TO AFFECT ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW.
- LIMITIATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NBA FAN TAB, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NBA FAN TAB HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) ANY AMOUNT FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEEDING THE AMOUNTS PAID BY YOU TO NBA FAN TAB DURING THE THREE MONTHS FOLLOWING THE DATE ON WHICH THE APPLIABLE CLAIM ARISES.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless NBA Fan Tab and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of your use of the Services which is, unauthorized and/or inappropriate and/or in breach of these Terms and/or the applicable law.
Customer support may be provided as described in our Website. We do not however commit to provide customer support and if we do offer it in our Website, we may stop providing it or change its scope at any time.
- Claims Period:You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action occurs, otherwise, such cause of action is permanently barred.
- Informal Negotiations:In the event of a dispute, you or NBA Fan Tab must give the other party a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute to email@example.com. NBA Fan Tab will send any Notice of Dispute to you to your email address or in other means. You and NBA Fan Tab will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or NBA Fan Tab may commence legal proceedings.
These Terms shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and NBA Fan Tab that arises in whole or in part from the Services shall be submitted exclusively to a court of competent jurisdiction located in Tel Aviv – Jaffa, Israel.
- Notifications to You:You consent to NBA Fan Tab providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you signed up for the Services. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the services.
- Notifications to NBA Fan Tab:You may notify NBA Fan Tab via mail to firstname.lastname@example.org.
These Terms constitute the entire and exclusive agreement between you and NBA Fan Tab with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. NBA Fan Tab’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms will remain in full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible. NBA Fan Tab may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the services. NBA Fan Tab and you are not legal partners or agents; instead, our relationship is that of an independent contractor and a customer.
- Contact Us
If you have any questions or need clarifications with respect to these Terms, please contact us at: email@example.com. You may also contact us via phone at +972-544-464647, or via snail mail to 1 Shenkar St., Herzlia, Israel.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.