The VanBack community starts here.
The goal of this website is to build a fanbase and bring
together a community of people interested in voicing
support for a future professional basketball team based in
Vancouver, British Columbia (the “VanBack Project”).
Neither this website, nor the VanBack Project, are
associated in any way with the National Basketball
Association (“NBA”), Women’s National Basketball
Association (“WNBA”), nor any other basketball
organization or league, and no relationship with,
endorsement by, or affiliation with any organization is to
be implied by the operation of this site.
Binding Terms of Use
This website is offered and maintained by Zulu Alpha
Kilo Inc. (“Zulu Alpha Kilo”, “we”, or “us”) for
informational and communication purposes. This page sets
out the terms of use (collectively, the “Terms of Use”)
which apply to the access to and use of the VanBack.com
website and its content (the “Website”). The Terms of
Use form a binding agreement between each person who
access the Website (“you”, “your”, and “yourself”) and
Zulu Alpha Kilo. By using the Website, you agree to be
bound by these Terms of Use. Accordingly, if you do not
agree with these Terms of Use, you may not use the
Website.
Zulu Alpha Kilo may revise the Website or modify these
Terms of Use at any time, and any changes to the Terms
of Use shall be effective immediately. All new versions
of the Website, including any new content or
functionality, will be subject to the then current Terms
of Use. Any use of the Website following the publication
of new Terms of Use will constitute your acceptance of
the new Terms of Use.
In all cases, if the Terms of Use are unacceptable to
you, you must immediately exit and cease use of the
Website.
Eligibility
In order to access and use the Website you must (i) be a
resident of Canada, (ii) have reached the age of
majority in your province or territory of residence, and
(ii) have the right, authority and capacity to bind
yourself to these Terms of Use. By your use of the
Website, you represent and warrant that you are eligible
to do so. If you are under the age of majority, then
your parent or legal guardian must review these Terms of
Use with you and agree to them on your behalf, in order
for you to use the Website. If you are a parent or legal
guardian who has authorized the use of the Website by
your minor child, the Terms of Use apply to you, and you
are responsible for their use of the Website.
Use of the Website is prohibited in any jurisdiction
where the Website or its content may violate law or
regulations. You agree not to access the Website in any
such jurisdiction, and are responsible for ensuring
compliance with all applicable laws and regulations in
your jurisdiction. Use of the Website, and any potential
or realized violation of these provisions, is entirely
at your own risk.
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Intellectual Property
All content on the Website, as well as the organization
and layout of this site, is the property of Zulu Alpha
Kilo, and protected by Canadian and international law.
Our protected intellectual property includes, but is not
limited to, the text, artwork, design, graphics, logos,
code, the Jersey Design, and Customizable Jersey output
(as those terms are defined below) (collectively, the
“Intellectual Property”).
No right, title or interest in any of the materials
contained on this Website or related Intellectual
Property is transferred to you as a result of accessing,
downloading or printing such materials. Other than as
expressly set out below, you may not copy, modify,
distribute, transmit, display, reproduce, publish,
license any part of this Website; create derivative
works from, link to or frame in another website, use on
any other website, transfer or sell any information
obtained from this Website without the prior written
permission of Zulu Alpha Kilo. You may not use a part of
this Website on any other website, without Zulu Alpha
Kilo’s prior written consent.
Zulu Alpha Kilo respects the intellectual property
rights of others and expects our users to do the same.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact
us at
privacy@zulualphakilo.com.
Content Licenses
Zulu Alpha Kilo grants you limited licenses (“Content
Licenses”) to deal with our Intellectual Property, as
set out below.
Subject to the terms and restrictions set out in these
Terms of Use, you may access, download and print
materials published on this Website solely for your
personal and non-commercial use, provided that (i) any
print of a Website page must contain Zulu Alpha Kilo’s
copyright notice, and (ii) no Intellectual Property may
be used to promote, advertise, or endorse any
organization, nor to suggest or imply an association or
affiliation with any organization (including any
professional basketball leagues), other than Zulu Alpha
Kilo.
On this Website, you will find an original jersey design
proposed for the “VanBack” team (the “Jersey Design”)
for discussion purposes. In addition, you will have the
opportunity to digitally customize the Jersey Design, to
create your own digital VanBack team jersey design with
a custom name on the back (each a “Custom Jersey”). Zulu
Alpha Kilo grants you a limited, non-exclusive,
non-transferable license to download, copy, print, and
distribute images of the Jersey Design and each Custom
Jersey as it is found on the Website. Ownership of the
Jersey Design, and of each Custom Jersey, remains with
Zulu Alpha Kilo, but you may use it, subject to the
terms and restrictions in these Terms of Use, solely for
personal, non-commercial purposes, as expressly set out
above.
By creating a Custom Jersey, you agree to allow Zulu
Alpha Kilo to use the design, and hereby grant Zulu
Alpha Kilo a perpetual, irrevocable, non-exclusive,
royalty-free, assignable, and sub-licensable right to
use, reproduce, transfer, distribute, publish, and
create derivative works of each Custom Jersey for the
purposes of promoting the VanBack Project and Zulu Alpha
Kilo, without compensation or attribution to yourself or
any other person. To the extent that you may have any
moral rights in your Custom Jersey design, you waive all
such rights irrevocably.
Restrictions on Use
As a condition of your use of the Website, you warrant
to Zulu Alpha Kilo that you will not use the Website or
Zulu Alpha Kilo Intellectual Property for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Website in
any manner that could damage, disable, overburden, or
impair the operation of the Website or interfere with
any other party's use and enjoyment of the Website. You
may not obtain or attempt to obtain any materials or
information through any means not intentionally made
available or provided for through the Website. Other
than as expressly set out in
the limited Content Licenses, you are expressly
prohibited from copying, uploading, storing, sharing or
distributing the Website Intellectual Property, in whole
or in part.
In creating a Custom Jersey, you may not use or include
content that is hateful, profane, obscene,
discriminatory, defamatory, or threatening, or that
advocates, promotes, or encourages activity that (i)
violates applicable laws, or (ii) could reasonably be
considered to reflect negatively or bring disrepute to
the VanBack Project or Zulu Alpha Kilo.
Zulu Alpha Kilo may seek legal recourse against you
for any violation of these Restrictions on Use, and/
or any other breach of these Terms of Use.
Data Collection and Privacy
Zulu Alpha Kilo does not collect or use personal
information arising from your use of this Website other
than as expressly authorized by you. We may collect
non-personally identifiable information such as
information about the computer accessing the site,
including IP address and general location, operating
system, date and time of access, through cookies and
other analytical and tracking tools for the purposes of
monitoring, operating, and analysing the Website. Your
use of the Website is subject to and governed by the
terms of the Website Privacy Policy, available here:
https://vanback.ca/privacy-policy.
No Warranties by Zulu Alpha Kilo
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN
"AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH ZULU ALPHA KILO EXPRESSLY
DISCLAIMS.
ZULU ALPHA KILO DOES NOT ENDORSE AND MAKES NO WARRANTY
AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF THE CONTENT, AND ZULU ALPHA KILO WILL NOT
BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO
DUTY TO UPDATE THE CONTENT OF THE WEBSITE.
ZULU ALPHA KILO MAKES NO REPRESENTATIONS OR WARRANTIES
THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER
CONSEQUENCES OF ACCESSING THE WEBSITE, AND FOR TAKING
ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU
MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF
VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ZULU ALPHA
KILO SPECIFICALLY DISCLAIMS ANY LIABIITY, WHETHER BASED
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF,
INABILITY TO USE, OR RELIANCE ON THE WEBSITE, THE JERSEY
DESIGN, OR THE CUSTOM JERSEY, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Your indemnity to Zulu Alpha Kilo
You agree to defend, indemnify, and hold Zulu Alpha
Kilo, its officers, directors, employees, agents,
licensors, and suppliers, harmless from and against any
claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result
from (i) your violation of these Terms of Use, and (ii)
any distribution by you of a Customized Jersey or other
Intellectual Property.
Governing Law
These Terms of Use shall be governed by the laws of the
Province of Ontario, and the laws of Canada applicable
therein, without reference to its conflict of law rules.
You agree to the exclusive jurisdiction of the courts of
the Province of Ontario with respect to any disputes
arising from these Terms of Use or your access of or use
of the Website.
Entire Agreement and Modification
These Terms of Use constitute the entire agreement
between you and Zulu Alpha Kilo with respect to the
access and use of the Website and the content therein,
including the Content Licenses, and supersede all other
understandings and agreements, whether written or oral.
Zulu Alpha Kilo may modify these terms at any time,
without notice to you. Please review the Terms of Use
each time you access the Website. Your use of the
Website constitutes your deemed acceptance of these
Terms of Use.
Waiver and Severability
A failure by Zulu Alpha Kilo to enforce any provision of
these Terms of Use shall not be deemed a waiver or such
provision. If any provision of these Terms of Use is
held to be invalid or unenforceable, the invalid
provision shall be severed and the remaining provisions
will remain and continue in force and effect.
Contact
Should you have any questions with respect to these
Terms of Use please contact Zulu Alpha Kilo at
privacy@zulualphakilo.com.
