Terms and Conditions for CaribbeanBasketball.com
CaribbeanBasketball.com is the official website of the Caribbean
Basketball Confederation, P.O. Box 172 BH St. Michael BB14000,
BARBADOS (hereinafter referred to as “CBC”).
CaribbeanBasketball.com, you accept these Terms and Conditions and
expressly agree that they will govern your use of
CaribbeanBasketball.com. If you do not agree to these Terms and
Conditions, please do not access CaribbeanBasketball.com.
If you are using particular services on CaribbeanBasketball.com,
you and the CBC shall be subject to any posted guidelines or rules
applicable to such services that may be posted on
CaribbeanBasketball.com from time to time. All such guidelines or
rules are hereby incorporated by reference into these
Terms and Conditions.
You can access these Terms and Conditions at any time and from
every CaribbeanBasketball.com webpage by clicking on “Legal” in
1. No offer of service
expressly stated otherwise, CaribbeanBasketball.com is intended to
be for informational purposes only. The CBC makes no
representation that material on CaribbeanBasketball.com is
appropriate or available for use at your location. You access
CaribbeanBasketball.com at your own risk and are responsible for
compliance with local laws and regulations.
1.2. The CBC
reserves the right to modify or discontinue any features of
CaribbeanBasketball.com in part or in total at any time without
1.3. The CBC may offer services on
CaribbeanBasketball.com subject to a separate charge. In such
case, you will be expressly informed of the applicable charge in
connection with the respective services, and of the terms and
conditions governing such services.
2. Your obligations
2.1. You undertake not to undermine the proper functioning,
data integrity and safety of CaribbeanBasketball.com.
You undertake not to make use of CaribbeanBasketball.com in any
way which would violate any applicable laws or regulations, or
which would infringe upon rights of the CBC or third parties.
3. Gaming on CaribbeanBasketball.com
3.1. Users of
CaribbeanBasketball.com's online gaming platforms (if any) are
liable to the rules which are clearly stated on the respective the
CBC game website.
3.2. The CBC reserves the right to remove
without any prior notice registered user(s) or player(s). Any
abuses will immediately result in the user(s)/player(s) being
banned from CaribbeanBasketball.com and/or the games.
4.1. Copyright the CBC 2016. All
4.2. Any and all pictures, graphics,
logos, texts, videos, animations, sounds, games and other works
(hereinafter "Content") on CaribbeanBasketball.com are subject to
copyrights and/or other intellectual property rights, unless
stipulated otherwise. Content may not be reproduced or modified in
any way without prior permission from the relevant right holder.
4.3. Unless expressly stipulated otherwise, nothing in these
Terms and Conditions shall be interpreted as granting any
intellectual property rights or licenses to such rights to you. No
act of downloading or otherwise copying or reproducing from
CaribbeanBasketball.com will transfer title to you to any content.
5.1. YOU UNDERSTAND THAT ANY
INFORMATION OR SERVICES PROVIDED BY The CBC ON
CARIBBEANBASKETBALL.COM ARE MADE AVAILABLE "AS IS". THE CBC MAKES
NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES,
INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge that a 100% availability of
CaribbeanBasketball.com is technically unrealistic. While the CBC
endeavours to keep CaribbeanBasketball.com available as constantly
as possible, temporary breakdowns cannot be excluded, in
particular (without limitation) due to maintenance, security or
capacity issues as well as due to events which are not within The
CBC’s control (such as, for example, disruption in public
communication networks, power shortages etc.).
material downloaded or otherwise obtained through the use of
CaribbeanBasketball.com is obtained at your own discretion and
risk and you will be solely responsible for any damage to your
computer system or loss of data that results from the download of
any such material.
5.4. CaribbeanBasketball.com may contain
some services and features that are available to certain mobile
phones. Your carrier’s normal rates and fees apply. If The CBC
charges you for a mobile service, you will first be notified and
asked to accept any charges. Please note that not all mobile
services will work with all carriers or devices. You should check
the rates and services offered by your carrier. By using the CBC’s
mobile services, you acknowledge that the CBC may communicate with
you by electronic means to your mobile device and that certain
information about your use of these services may be shared with
us. If you change or deactivate your mobile phone number, it is
your responsibility to promptly update your account information to
ensure that the CBC does not send your messages to a different
5.5. You acknowledge and agree that the CBC has no
responsibility for the accuracy or availability of information,
material or content provided by third party linked websites, or
the content, performance, terms and conditions of use or the
privacy policies or practices on such websites. Links to such
websites do not constitute an endorsement by The CBC of such
websites or their content, products, or other materials or
services presented on such websites. THE CBC SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR
LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE
OF OR RELIANCE ON ANY SUCH CONTENT, PRODUCTS, OR OTHER MATERIAL
AVAILABLE ON THIRD PARTY LINKED WEBSITES.
5.6. In the event
that you wish to establish a link to CaribbeanBasketball.com, you
i) to ask prior written approval of the
CBC to establish a link to CaribbeanBasketball.com;
to include CaribbeanBasketball.com into the frame of another
website, but to create a direct link to CaribbeanBasketball.com;
iii) not to create any third party association with
iv) to ensure that the link
does not state or imply that the CBC sponsors or endorses any
other website activity, company or entity, or presents the CBC
and/or basketball in a false, misleading, defamatory or derogatory
The link to CaribbeanBasketball.com does not permit
you to use any the CBC and/or third party content, names, logos,
pictures or trademarks, unless separately agreed to in writing by
the relevant rights-holder.
to defend, indemnify and hold harmless the CBC and its affiliates,
officers, employees and agents from/against any and all
liabilities, losses, damages, claims, penalties, fines, costs and
expenses, including (without limitation) reasonable legal fees,
that may arise in connection with your use of and/or access to
CaribbeanBasketball.com, including (without limitation) your
unauthorised copying and/or use of any intellectual property of
7. LIMITATION OF LIABILITY
THE EXTENT THAT LIABILITY IS NOT LIMITED BY THE APPLICABLE LAW
ALREADY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE CBC SHALL
NOT BE LIABLE FOR ANY DAMAGES – WHETHER IN TORT, CONTRACT OR
OTHERWISE – IN CASE OF SIMPLE NEGLIGENCE UNLESS THE CBC VIOLATED A
CARDINAL OBLIGATION. A CARDINAL OBLIGATION IS AN OBLIGATION WHICH
YOU COULD TRUST TO BE COMPLIED WITH AND THE FULFILMENT OF WHICH IS
PRINCIPAL TO THE PROPER EXECUTION OF THIS CONTRACT; IN SUCH CASE,
INDEMNITY CLAIMS ARE LIMITED TO THE AMOUNT OF THE TYPICALLY
7.2. CLAIMS RESULTING FROM PHYSICAL
DAMAGES SHALL REMAIN UNAFFECTED BY CLAUSE 5.1. ALSO, THE
LIMITATIONS OF LIABILITY STIPULATED IN CLAUSE 5.1 ARE NOT VALID IN
THE EVENT OF THE CBC GIVING EXPRESS GUARANTEES AND REGARDING
CLAIMS DUE TO MISSING WARRANTED FEATURES.
EXPRESSLY ACKNOWLEDGE THAT THE CBC SHALL NOT BE LIABLE FOR
PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.
8.1 The CBC is aware that you care about how your personal
information is used and shared, and we appreciate your trust that
we will do so carefully and sensibly. The CBC is complying with
the applicable data protection laws and in particular will not
disclose any personal data to third parties unless authorized to
do so by law or by virtue of your consent.
9.1. These Terms and Conditions shall be
governed by and construed in accordance with Swiss law without
regard to its conflict of law rules.
9.2. Any disputes,
controversies or claims arising out of or in relation to this
contract, including the validity, invalidity, breach or
termination thereof, shall be submitted exclusively to the Court
of Arbitration for Sport (CAS) and resolved definitively in
accordance with the Code of sports-related arbitration. The
arbitration shall be governed by Chapter 12 of the Swiss Act on
Private International Law (irrespective of the parties’ domicile)
and its seat shall be in Lausanne, Switzerland. The language of
the arbitration will be English. You shall not and you hereby
waive your right to institute any claim, arbitration or
litigation, or seek any other form of relief, including
provisional measures, in any other court or tribunal.
10.1. Should any provision of these Terms
and Conditions be found to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or
operation of any other provision. In such case, the parties are
obliged to substitute for the invalid or unenforceable provision a
valid and enforceable provision which most closely approximates
the intent and economic effect of the invalid or unenforceable
10.2. These Terms and Conditions constitute the
entire agreement between you and the CBC in relation to their
subject matter, i.e. with respect to your use of and/or access to
CaribbeanBasketball.com, superseding and extinguishing any prior
agreements, arrangements, undertakings of any nature, between you
and the CBC, whether oral or written in relation to this subject
10.3. The CBC reserves the right to amend these
Terms and Conditions at any time without prior notice.