These Terms of Use (the “Terms”) govern your access to and use of the website at atlantaballers.com and related online services (collectively, the “Services”). The Services are currently operated by Network Marketing Group LLC (“NMG,” “we,” “us,” or “our”) on behalf of the Atlanta Ballers team. We expect operation of the Services to transfer to the team’s designated operator in the future, at which time these Terms will be updated to identify that operator.
Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
Arbitration / class-action waiver notice. These Terms contain a binding arbitration provision and a class-action waiver in Section 13 that affect your legal rights. Please review them carefully.
The Services are intended for a general audience and are not directed to children under 13. By using the Services, you represent that you are at least 13 years old. If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement and consent of a parent or legal guardian.
If we offer account registration or subscriptions, you agree to provide accurate information and to keep it current. You are responsible for activity that occurs under your account. By subscribing, you consent to receive communications from us, which may include newsletters, updates, and promotional content and offers from our sponsors. You may opt out of marketing communications at any time as described in our Privacy Policy.
You agree not to use the Services to:
The Services may allow you to submit, post, or share content, such as comments, messages, photographs, videos, and contest entries (“User Content”). You retain ownership of any intellectual property rights you hold in your User Content.
By submitting User Content, you grant us and our affiliates, related entities, and the Atlanta Ballers team a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, edit, translate, create derivative works from, publish, publicly perform, publicly display, and distribute your User Content in any media now known or later developed, in connection with operating, promoting, and marketing the Services, the Atlanta Ballers team, and the league. This license continues even if you stop using the Services, to the extent your User Content has been used in or incorporated into marketing or other materials before you removed it.
You represent and warrant that you own or have the necessary rights to your User Content and to grant the license above, that your User Content does not infringe or violate the rights of any third party, and that it complies with these Terms. If your User Content includes other people, you represent that you have obtained any necessary permissions for the uses described above.
We are not obligated to monitor User Content, but we may review, remove, edit, or refuse to display any User Content at our discretion, including content we believe violates these Terms. We are not responsible for User Content submitted by users.
Any sweepstakes, contests, giveaways, or similar promotions offered through the Services may be governed by additional rules provided at the time of the promotion. To the extent those rules conflict with these Terms, the promotion-specific rules control for that promotion. Promotions may be void where prohibited and may be subject to eligibility requirements.
The Services and their content — including text, graphics, logos, team names and marks, images, audio, video, and software — are owned by us, the Atlanta Ballers team, our affiliates and related entities, or our licensors, and are protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, modify, or create derivative works from the Services or their content without our prior written permission. The “Atlanta Ballers” name and related marks may not be used without permission.
The Services may contain links to, or integrations with, third-party websites, platforms, and services that we do not control, including social media and video platforms and payment processors. We are not responsible for the content, policies, or practices of third parties. Your use of third-party services is governed by their terms and policies.
If the Services allow you to purchase merchandise, tickets, or other items, additional terms regarding pricing, payment, shipping, returns, and refunds may apply and will be presented at the point of sale. Payments are processed by third-party payment processors, and you agree to their terms. All sales are subject to acceptance and availability.
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NMG, THE ATLANTA BALLERS TEAM, AND OUR AFFILIATES, RELATED ENTITIES, OWNERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.
You agree to indemnify and hold harmless NMG, the Atlanta Ballers team, and our affiliates, related entities, owners, officers, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Services, your User Content, or your violation of these Terms.
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Provisions that by their nature should survive termination — including User Content licenses already exercised, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules.
Arbitration and class-action waiver. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration rather than in court, except that either party may bring a claim in small-claims court. You and we waive any right to a jury trial and to participate in a class action. [CONFIRM ARBITRATION TERMS, ADMINISTRATOR, VENUE, AND OPT-OUT MECHANISM].
We may update these Terms from time to time. If we make changes, we will revise the date above and, where the changes are material, provide additional notice as appropriate. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of them.
These Terms, together with our Privacy Policy and any promotion-specific rules, constitute the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including to a successor operator of the Services, without restriction.
Questions about these Terms may be sent to:
Network Marketing Group LLC
99 Jackson Street, Suite 62
Davidson, NC 28036
Email: info@atlantaballers.com