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Fresno City College coach Ed Madec, who has won over 85% of his games, shares his philosophy, his practice drills, and his teaching points that will help you create a championship culture, a positive environment, and teams and players that will thrive in the toughest games and situations.
This Privacy Policy tells you the policies and procedures for the collection, use, and disclosure of information through Instant Basketball. It includes websites, features, applications, widgets, or online services owned or controlled by InstantBasketball and that post a link to this Privacy Policy (together with the Site, the “Service”). It also includes any information the website collects offline in connection with the Service.
This Privacy Policy describes the choices available to you for the use of, your access to, and how to update and correct your personal information.
Certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service, which governs your use of the Service, and which is accessible at User-Agreement.
We’ve provided summaries in this Privacy Policy to help you understand what information we collect, how we use it, and what choices or rights you may have. These summaries help explain some of these concepts in a simple and clear way.
1. Information Collection
2. Cookies:
Like many websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the our Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how our Users interact with the website, web traffic routing on the website, etc). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service. For further information on cookies and how they are used for the Service, please visit our Cookie Policy at …………
How we respond to DO NOT TRACK signals
Instant Basketball does not respond to Do-Not-Track signals.
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites, InstantBasketball does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com
3. Use Of Information
We use information collected through the website to provide and improve the Service, process your requests, prevent fraud, provide you with information and advertising that may interest you, comply with the law, and as otherwise permitted with your consent.
We Use Information We Collect:
4. Data Retention
Your information may persist in copies made for backup and business continuity purposes for additional time. We retain personal data for as long as the user is registered on our website.
5. Information Sharing and Disclosure
We may share information about you to provide the Services, for legal and investigative purposes, in connection with sweepstakes and promotions, or if we are part of a merger or acquisition.
6. Your Choices and Rights
According to applicable law, you may have certain choices and rights associated with your personal information.
Communication Preferences:
Data Subject Rights:
In accordance with applicable law, you may have the right to:
7. Security
We take a number of steps to protect your data, but no security is guaranteed. Thus, while we strive to protect your Personal Information, we cannot ensure and does not warrant the security of any information you transmit to us.
8. Changes to this Policy
We may change this Privacy Policy. If we make substantial changes, we will provide notice.
We may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are substantial changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.
9. Contacting Us
If you have any questions about this Privacy Policy, please click here to contact us or by mail addressed to [email protected].
10. Supplemental Privacy Notice for California Residents:
This Supplemental Privacy Notice for California Residents supplements the information in our Privacy Policy above, and except as provided herein, applies solely to California residents. It applies to personal information we collect on or through the Service and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees in their capacity. It also does not apply to information we collect about businesses that use our Service -- including any employees, owners, directors, officers, or contractors of those businesses -- in the course of our provision or receipt of business-related services.
Summary of Information We Collect
California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers (as that term is defined in the California Consumer Privacy Act ("CCPA")), the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information.
We or our service providers may collect the below categories of information for the following business or commercial purposes (as those terms are defined in applicable law):
11. Rights
If you are a California resident, you may have certain rights. California law may permit you to request that we:
You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.
If you would like to exercise any of these rights, please submit a request through email at ________. You will be required to verify your identity before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Service to you. If you ask us to delete it, you may no longer be able to access or use the Service.
The CCPA sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months.
Accessibility
This Privacy Policy uses industry-standard technologies and was developed in connection with the World Wide Web Consortium's Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.
1. "Licensee" shall mean a physical person or legal entity that has registered/created an account on the Website.
2. "EULA" shall mean this standard End User License Agreement.
3. "Instantbasketball" shall mean the licensor.
4. "Website" shall mean the online platform providing online service tool, utility, documentation, or similar delivered by instantbasketball including the license file, and any revision, update, or upgrade here to which are made available by instantbasketball to the End User under the terms and conditions set out in this EULA.
5. "Working day" shall mean Monday to Friday, except for national holidays in California, USA.
Scope Of The End User License:
Instantbasketball hereby grants to the Licensee a non-assignable and non-exclusive right to use the Website in accordance with the terms and conditions set out in this EULA solely for the Licensee’s own services. The license is effective upon the registration/creation of an account on Instantbasketball by the Licensee and remains in force until termination by either party.
The license cab be as (i) a perpetual license or (ii) a subscription license that needs to be renewed monthly or annually (every 12 months).
A perpetual license gives the Licensee a right to use the licensed version of the Website perpetually.
A subscription license gives the Licensee a right to use the Website (the current or at any time the latest version) one (1) month or one (1) year from the registration/creation of an account on Instantbasketball. The Instantbasketball Pricelist will determine which options are available. If the subscription license is not renewed, the Licensee no longer has any right to use the Website.
A subscription license is automatically renewed, unless the Licensee has informed Instantbasketball otherwise by giving three (3) months' written notice before the end of an update term (a 12-month period) for a yearly subscription – or two (2) weeks’ notice for a monthly subscription.
The Website is a standard online platform. It shall be the sole responsibility of the Licensee to ensure that the functions of the Website fulfill the requirements and expectations of the Licensee.
The Licensee’s right to use the Website requires that the Licensee has accepted the terms and conditions in this EULA. One license (perpetual or subscription) gives the Licensee the right to use the Website for one physical person or one legal entity, for the number of users and user types acquired, and for one database along with a restriction to operate the Instantbasketball account on maximum of (3) three devices.
The Licensee agrees that Instantbasketball may audit the Licensee's use of the Website for compliance with this EULA at any time, upon reasonable notice. In the event that such an audit reveals any use of the Website by the Licensee other than in full compliance with the terms of this EULA, the Licensee shall reimburse Instantbasketball for all reasonable expenses related to such an audit in addition to any other liabilities the Licensee may incur as a result of such non-compliance.
The Licensee shall not share the username/password to others, or use the content of the Website for commercial purposes. The Licensee shall not monetize on the contents of the Website.
INTELLECTUAL PROPERTY RIGHTS
The Licensee shall obtain no rights to the Website, including no rights over the content present on the Website. Instantbasketball retains all intellectual property rights of the Website, updates, documentation, and all data enclosed in it, including, but not limited to, copyright, trademarks and other rights, titles and interests in the Website.
The Licensee shall not download/duplicate/replicate/change in any manner/distribute Instantbasketball’s Intellectual Property (like our videos/logos etc.) or authorize others to do the same.
The Licensee is not permitted to publish the contents of the Website without the explicit, written consent of Instantbasketball. This also applies to any documentation delivered by Instantbasketball.
The Licensee may not reverse engineer, decompile, or disassemble the Website, inclusive of the contents of the Website. The Licensee shall always notify Instantbasketball in writing in advance of such acts.
Upon an infringement of Instantbasketball intellectual property rights, Instantbasketball shall be entitled to terminate this Agreement for cause with immediate effect, as per clause 9.
USE OF THE SOFTWARE
By subscribing, registering, creating an account, or otherwise using the Website, the Licensee agrees to be bound by the terms of this EULA.
The Licensee acknowledges that the use of some parts of the Website and licensing may require connection to the Internet.
Should the Licensee use the Website, including any documentation, for another physical person or legal entity than the Licensee, Instantbasketball is entitled to a penalty amounting to two times Instantbasketball list price for the unpaid End User license. The penalty shall be calculated in accordance with the list price of the End User license valid at the time Instantbasketball becomes aware of the unauthorized use of the Website.
UPDATES
Instantbasketball will use its best endeavors to ensure on-going development of the Website, including correction of errors and inexpediency and, at the discretion of Instantbasketball, to change the Website with the aim of making the Website compatible.
Perpetual and Subscription license:
When purchasing a perpetual or subscription license to the Website, an update fee is included in the perpetual or subscription license, thus the Licensee will have access to relevant updates.
The Licensee acknowledges that updates to the Website may not work with the Licensee’s hardware, add-ons, third-party software, or custom fit adjustments or modifications.
The use of updates is the sole responsibility of the Licensee, and the Licensee should install, test, and validate any update in a similar test environment, before using the Website.
SUPPORT
Instantbasketball is the Licensee’s first point of contact and reference in respect to all matters concerning the Website, including but not limited to support.
ASSIGNMENT
The Licensee is not entitled to lend, lease, sublicense, transfer, or otherwise assign its rights and obligations given under this Agreement without Instantbasketball prior written consent. Any assignment shall not be legal without Instantbasketball prior written consent. Assignment also includes transfer or adoption in connection with a merger, demerger, outsourcing, and similar events or activities within and outside the group of companies to which the Licensee belongs.
If the Licensee assigns the rights in conflict with the provisions above, Instantbasketball may terminate this Agreement with immediate effect, as described in clause 9.
INFRINGEMENTS OF THIRD-PARTY RIGHTS
Instantbasketball represents and warrants that it has the right to license the Website, including any documentation, to the Licensee, and that Instantbasketball holds the necessary rights, titles, and licenses to allow the Licensee to perform all rights contemplated by this Agreement, and that the Website does not infringe any third-party's right that is valid within and enforceable in California, United States of America.
If a third party towards the Licensee claims that the Website infringes third-party rights, the Licensee shall immediately inform Instantbasketball in writing and Instantbasketball shall take over the defense of the claim. Instantbasketball shall at its cost have full control of any proceedings arising out of any infringement of third-party rights.
If the Licensee becomes aware of any infringement or potential infringement of the Website it shall promptly notify Instantbasketball in writing.
TERMINATION
The Licensee may terminate this EULA for the future at any time by ceasing the use of the Website and promptly and deleting the accounts, including any documentation on Instantbasketball. The Licensee shall not be entitled to any refund of the license fee.
In the event that the Licensee fails to comply with any of the terms or conditions of this Agreement, on Instantbasketball may terminate for cause the Licensee's right to use the Website, including any documentation, at any time upon a written notice of 30 days. The Licensee shall not be entitled to any refund of the license fee upon such termination.
LIMITATION OF LIABILITY
Instantbasketball shall not in any way be liable for circumstances related to the non-fulfilment of the Licensee’s duties in respect of this Agreement. In no event shall Instantbasketball be held liable for any damage resulting from loss of data, loss of profits or goodwill or other consequential damages. Instantbasketball liability can under no circumstances exceed the license fee paid by the Licensee under the Agreement excluding any update fee paid in accordance with clause above.
VALIDITY
If any provision in this Agreement is held to be illegal, invalid, or unenforceable, such provision(s) shall nonetheless be enforced to the fullest extent permitted by applicable law, so as to reflect the original intent of the parties. Such provision(s) shall not affect the legality and validity of the other provisions in this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed and construed by the laws of California, United States of America, and supersedes all prior and contemporaneous oral and written proposals and communications respecting the subject matter hereof.
The Parties will use all reasonable efforts to solve any controversy that may arise from this EULA amicably. Disputes that cannot be settled amicably shall be settled at the [….].
INTERPRETATION
If any provision of this EULA is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.