Welcome to BeachBallers—the website for hardcore juniors volleyball players and parents. We have created this website as a tool to expand player opportunities in juniors volleyball but the legal stuff is always required. These Terms of Service (“Terms”) apply to each user (“User”) visiting or using our website, www.beachballers.us (the “Website”).
BeachBallers (the “Service”) is a platform owned and operated by BeachBallers LLC, having its primary place of business in the U.S. The owner of this Service is a limited liability company, established and operated under the laws of the State of Florida.
You may visit or use this Service only if you are 13 years of age or older. If you are under 13 years of age and are visiting this Website, please stop using the Service. By visiting and using this Service, you hereby represent and warrant that you are of relevant legal age to form a binding contract and meet all foregoing eligibility requirements. If you are between the ages of 13-18, you are required to have a legal guardian supervising and/or allowing you to further use the Service. If you do not meet these requirements in any way, you may not access the Service, or access may be denied by the Service within its discretionary rights.
You may contact us directly in case of any issue whatsoever, via e-mail or contact information stated on this Website.
A general overview of the Service’s platform:
Eligibility to Use the Service
Express Licensing Grant
If you are a qualified User, BeachBallers hereby grants you a non-exclusive and non-transferrable license to use of this Service’s content and functionality. Please note that this license is freely revocable by us. This license limited to personal use, and is further limited according to any Terms or contract BeachBallers stipulates with you.
You hereby represent and warrant that information you share is truthful, accurate, non-misleading, and not libelous or defamatory towards another individual or group. Usage of your User Account is your sole responsibility. We strongly encourage utilizing complex passwords (created using Uppercase and Lowercase letters, special keyboard symbols and numbers). We further advise you not to share your Account information (namely Login Credentials and Password) with anyone, and in event of such breach, to notify BeachBallers without any unnecessary delays. BeachBallers takes no responsibility in case of damage or loss due to security breaches caused by negligence or intent of another party.
By providing BeachBallers your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, analogically with communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Some of these set preferences may be changed.
Behavior of Users on the Service
You agree not to engage in any of the following prohibited activities:
– Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
– Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
– Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
– Uploading invalid data, viruses, worms, or other software agents through the Service;
– Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the BeachBallers servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that BeachBallers grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
– Transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
– Collecting or harvesting any personally identifiable information, including account names, from the Service;
– Using the Service for any commercial solicitation purposes;
– Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
– Interfering with the proper working of the Service;
– Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You agree to be fully informed of and abide by all applicable rules and regulations set forth by the USAV, AAU, NCAA, NAIA and any other organizations that govern high school, club, and intercollegiate athletics that are applicable to your activities. You are solely responsible for compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Service. You agree to absolve BeachBallers of any liability that may arise from your violation of these rules and regulations.
BeachBallers reserves the right to terminate a User’s access the Platform, if they turn out to be repeated infringers. BeachBallers may, in its sole discretion, initiate inquiries of abuse of misbehavior of any user, whether by breaching the terms regarding content upload(s) or general behavior terms explained bellow, in the “Users” section.
The reserved rights in case of violation of these terms include:
– Deletion of User submission or Upload
– Temporary or permanent bans on some functionalities of this Service
– Temporary or permanent bans from accessing BeachBallers Website
– Initiating legal proceedings against the individual or entity involved in penal behavior against the functionality of this service under U.S. law.
As a private entity bound by the applicable law of the U.S., BeachBallers is to share any personal information you may have provided to the Service upon formal requests of appropriate state authorities. With high respect of Users’ privacy, BeachBallers will disclose the minimum amount of information as required by applicable law.
Interactions are your own sole responsibility whilst using this Service. If you are experiencing spams, nuisance or otherwise unpleasant behavior from other Users of the Service, please report such occurrences to our Administrative or Support Staff.
You (As a BeachBallers account holder, member and User) may be allowed you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “Submissions”) to or through the Services, fully understanding that the submitted Content is shared and published, and BeachBallers cannot and DOES NOT guarantee any confidentiality regarding Your Submission; You are further solely responsible for Your own Submissions and the consequences of publishing them. You further warrant that Content in Your User Submissions is Your own, and You have all the required licenses, rights, consents, permissions and authorizations to use and You hereby authorize BeachBallers to use all intellectual property and other proprietary rights in and to any and all Submissions to enable inclusion and use of the User Submissions in a way prescribed by the Terms of Service. For clarity, your ownership rights of the User Submissions are reserved and retained. However, by submitting a User Submission to BeachBallers, You hereby grant BeachBallers a universal, worldwide, nonexclusive, royalty-free sub-licensable and transferrable license to use, reproduce, perform, display, distribute, modify and prepare derivative works of the User Submissions in connection with BeachBallers ’s Websites, Software and it’s businesses, including it’s possible successors and/or affiliates, including without limitation for promoting and/or redistributing part or full BeachBallers Website (and derivative works thereof) in any media formats, through any media channels. You hereby grant each User of the BeachBallers Website a non-exclusive license to access Your User Submissions utilizing this Website, and to use, reproduce, distribute, display and perform such User Submissions under the Terms of Service. You understand and agree, however, that BeachBallers may only retain, but not display, distribute, or perform, server copies of User Submissions that have been REMOVED or DELETED. The above licenses granted by you in User Comments are perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. We may refuse or remove a Submission without notice to you. However, we have no obligation to monitor Submissions, and you agree that neither we nor our affiliates will be liable for Submissions or any loss or damage resulting from Submissions. BeachBallers Does not endorse any Submission or opinion, recommendation or advice expressed therein. BeachBallers EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY arising from User Submissions. BeachBallers does NOT PERMIT intellectual property infringement activities on its Website or Software, and will consequentially remove any and all Content and/or User Submissions if properly notified of such breach. BeachBallers RESERVES the right to remove Content and User Submissions with or without prior notice. Please take note and follow these guidelines when submitting a picture. Primary pictures (thereinafter referred to as: Profile pictures) may not be published immediately, due to revisions made on behalf of BeachBallers. Pictures must not be of poor quality, must not infringe copyright or other intellectual property rights, must not contain the face of a celebrity, and must not contain violence or offensive language. Pictures must not contain any nudity, profanity, nothing pornographic, obscene or indecent. Profile pictures must be of the User (Submitter), without containing any additional text or contact information. They further must clearly display the Submitter’s face. BeachBallers may occasionally use Your Profile picture in certain parts of its Website or Software (ex. home page, User Submission or Q&A display picture etc.). If you do not wish for BeachBallers to use Your Profile picture in its Website or Software, please manually disable these Settings.
Reverse License Grant
Upon sharing your User submission, you retain all proprietary rights. You hereby grant BeachBallers a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to BeachBallers in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of BeachBallers, the name or nickname of the user will be included as a form of accreditation
License Grant to User Data.
You agree that the Service may utilize or process your User data in order to customize your User Experience. By submitting your User Data, or providing the Service with access to such data, you hereby grant, warrant and represent that you have all proper authorizations to do so. You further acknowledge that we may collect, analyze or use the User Data submitted by you in anonymized, aggregated or derived form for analytical purposes. Anonymized or derived user data does not tie to a specific User and we believe that this operation cannot disclose your identity to other parties.
In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that:
– You are the sole legal owner or holder of rights to this Data, and you are not breaching statutory provisions or any Third-party rights by sharing your User Submission.
– You are not to provide any Data or Content which is a part of personal payment information (without limitation to: Credit Card Credentials), personal information collected from children under the age of 13, Social Security Numbers, Health or Medical Information or other Sensitive Data.
– It is your sole responsibility to withhold the obligations arising from this Section.
– We may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party; and
– Your User Data complies with the terms of this Agreement.
TERMS AND TERMINATION
Copyright and other Intellectual Proprietary Rights
Copyright (c) 2017 BeachBallers LLC. All rights reserved.
This Website’s content is primarily original, unless stated and/or attributed otherwise. The site’s content is gathered, modified and published with respect to the Authors (Licensors) in accordance with all applicable U.S. and international intellectual property law standards. BeachBallers, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete content on the Service. All the copyright and/or other intellectual property rights regarding this Service’s full content (including, but not limited to sections of this Service which are or are not available to the general public, registered users, persons with authorized access to specific sections of the Service etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, content and/or functionality of this Service can only be transferred via a binding agreement between BeachBallers, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Service’s visitors.
Users are allowed to: – View specific pages of this Service which are allowed for his/her use; – Download pages from this Service for the means “caching” in a web browser, print pages from this Service, stream audio or video files from this Service; – Use the services that this Service offers, using a personal computer or mobile device web browser; – Use this Service’s content, functionality and/or services for personal (business) purposes, in accordance with the Service’s Terms and Conditions.
One is to restrict of, under threat of civil and penal retribution: – Download content from this Service and/or save content to one’s private computer and/or mobile device; – Edit or modify content directly on this Service. With the exception of Licensors/Authors, which have expressly reserved their rights to do otherwise, one is further not allowed to: – Republish content from this Service; Exploit or redistribute this Service’s content for commercial purposes; – Sell, rent or sublet this Service’s content for profit or any other purposes, nor show this Service’s content in public.
Without the proper consent (licensing and/or sublicensing), one is to withhold of: – Selling, renting or subletting content on this Service; – Republishing material from this Service; – Copying, reproducing, duplicating, modifying or recreating content from this Service (unless the content is expressly made available for these purposes); Redistributing this Service’s content (unless the content is expressly made available for this specific purpose). If the content of the site is already subject to an exclusive License, it cannot be passed on to a specific petitioner requesting a License or Sublicense. The Service’s administrators do NOT warrant that Consent (thereinafter: License) will be issued to every person, group and/or other third party, which has filed a formal request for Licensing. Filing a request for licensing this site’s content is possible via e-mail or by post. Individual requests and given Licenses will be issued in written or electronic form. Note that any unilateral transfer of copyright and/or other intellectual property rights is null and void. If the content of this Service, acquired by BeachBallers via a specific License which requires the Author’s consent or attribution, the possible Sublicense would be issued in writing or in electronic form, upon reaching the specific Sublicensing requirements. These requirements will be stipulated between all the parties involved, and all parties involved will express their consent towards further licensing of licensed content. Note that any unilateral transfer of copyright and/or intellectual property rights is null and void. Any breach of content and intellectual property law provisions, sanctioned by applicable law does not exclude the possibility of BeachBallers treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded.
Transfer of Property. Continuity of Title of Property.
The Service Contains elements (without limitation to: data, information and other content) which is not owned by you, without limitation to subscriptions, add-ons, extras, or other virtual achievements which may appear across the service. As such, you understand that these licensable items are not in your exclusive property, and the Service is not to be held liable for discontinuance of any aspect of the service or transfer of the licensed elements in its sole discretion. Please note that once granted, licensable elements (regardless of the terminology used) are not redeemable for any sum of money or monetary value by the Service at any time whatsoever. You hereby understand the aforementioned and expressly consent to withhold from any requests or redeems whatsoever.
The provider of Services is BeachBallers LLC, 907 E Strawbridge Ave., Suite 101, Melbourne, FL 32901. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
No Professional Advice
This Service is to provide you with content for information purposes only. Nothing on the service is construed to be professional advice.
In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Features”), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted.
Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
Consent to Send Email.
If you send an email message through the Service, YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU MESSAGE HAS CONSENTED TO RECEIVE EMAILS FROM YOU. The Service reserves the rights, but not the obligation of inquiries of breaches of this Subsection. If such a breach occurs, Users that have been contacted without permission should report such an occurrence to our Administrative or Support Staff. Full discretional rights (SECTION NUMBER) are reserved towards the User in breach of this Subsection
Consent to Receive Messages.
You agree to all forms of communication from registered Users on the Service, provided that no type of information is to be of Nuisance of Spamming. If you have just cause for wanting to limit the communication towards you, contact us for opt-outs, or call the national do-not-call agency. Additional charges from your wireless provider may be billed, according to the Terms agreed between you and your wireless provider.
Security and Fair information practices.
We use industry-standard end-to-end encryption technology to keep information safe and secure from breaches of any type. However, no method has proven to be 100% efficient against these breaches. The Service a private entity respecting ethics and etiquette agrees to notify you if such breach ever occurs. No further obligation or liability from the Service is to be taken, as you are notified of the potential risks of security breaches.
All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between BeachBallers, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. BeachBallers DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. BeachBallers DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. governing law does not exclude the possibility of BeachBallers treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: – A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; -Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; -A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be sent via e-mail, post or fax. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: – Your physical or electronic signature; – Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; – A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If your counter-notice is received by the Copyright Agent, BeachBallers may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BeachBallers’ sole discretion.
Please note that this procedure is exclusively for notifying BeachBallers and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BeachBallers’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Third-Party Links and Information
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
YOU HEREBY AGREE TO INDEMNIFY AND HOLD BEACHBALLERS AND ITS REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO: ATTORNEYS’ FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE BEACHBALLERS SERVICE, SOFTWARE OR SERVICES AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR RESTRICTION CONTAINED IN THIS AGREEMENT.
BEACHBALLERS WEBSITE, CONTENT, SOFTWARE AND SERVICES ARE ALL PROVIDED “AS IS”. BEACHBALLERS DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. BEACHBALLERS, IT’S EMPLOYEES, OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL, PARTNERSHIP(S) OR REPRESENTATION(S) LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS.THE AFOREMENTIONED LIMITATIONS APPLY EVEN IN THE CASE THAT BEACHBALLERS HAD BEEN ADVISED OF THE POTENTIAL LOSS. BEACHBALLERS DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES. FURTHERMORE, BEACHBALLERS DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. BEACHBALLERS IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF BEACHBALLERS ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY U.S. GOVERNING LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH U.S. APPLICABLE LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH IT.
Limitation of Liability
The Parties have agreed that the maximal amount of filing lawsuits or Class Actions is to be limited to 100.000 (one hundred thousand) United States Dollars.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
The Parties have agreed that they will try and settle all disputes or controversies in front of Arbitrary or Mediation authorities prior to moving forward with litigation or Class Actions.
You hereby exempt the Service from any Class action or Jury Trial, if not explicitly stated otherwise by Applicable Law.
Notification Procedures and Continuity of Agreement
The Service may provide notifications as required by Applicable law, for marketing or other business purposes via e-mail, written or hard-copy notice, either through a post courier or a publicly available notice on our Website, in sole discretion of BeachBallers. BeachBallers further reserves the right to determine which of these notices are to be most convenient for the Users, without prejudice to User which have opted-out and consented to a specific method of notification
This agreement is written and is to be interpreted in accordance with applicable law. Any proceedings, whether court or alternative-dispute resolution methods as recognized by law are to be in the sole jurisdiction of the U.S. authorities. If any part of this Agreement is, or is deemed by an appropriate authority to be unenforceable by the applicable law, this will not affect the enforceability of any other provision of these Terms of Service. These Terms are created in full compliance with the U.S. applicable law and International Standards. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and BeachBallers. All Parties have agreed that, in the case of any issue, dispute or controversy, the Parties will try their best to settle the issue by means of alternative dispute-resolution, primarily through Arbitration and Mediation as recognized by applicable Law. If such proceedings fail, court proceedings before the relevant courts may ensue.
These Terms of Service may be changed from time to time. Please note that we will inform you in a timely manner 30 days prior to issuing a new set of Terms of Service in order for you to get acquainted with them. Your continuous use of this Service indicates your conclusive agreement to the terms set therein.
The Service cannot be reasonably held liable for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page.
If any aspect of this Contract is, or is to be found by an appropriate authority, unenforceable under Applicable law, such aspect of the Contract is to be modified at the court’s discretion or order and withheld to the maximum extent of its validity. If Section or Subsection of this Contract is rendered invalid by application, interpretation or operation of law, such Section or Subsection is not to produce legal effect, but will not affect the enforceability of the remainder of this Agreement
Void Where Prohibited
Although BeachBallers is accessible worldwide, not all products or services discussed or referenced on BeachBallers are available to all persons or in all geographic locations or jurisdictions. BeachBallers reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on BeachBallers is void where prohibited. In addition, BeachBallers makes no representation that materials on BeachBallers are appropriate or available for use in locations outside U.S. jurisdiction; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access the Website from locations outside U.S. Jurisdiction do so on their own initiative and are responsible for compliance with local laws.
Nothing in this agreement is constructed to limit Consumer Rights of Users as granted by statutory provisions by Applicable law.
We are available through our Contact and Support team to resolve any issue or answer any question for Users or interested parties. If you have any such issue or question, please do not hesitate to contact us via e-mail, telephone number or post. Contact information is to be provided on the Service’s Website.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Website.