TERMS AND CONDITIONS

CourtMapping TERMS AND CONDITIONS

Effective Date: October 20th, 2024

1. ELIGIBILITY

To use CourtMapping, you must meet the following requirements:

You must be at least 13 years old to access our Services.
If you are under 18 years old, you must have parental or legal guardian consent before using the platform.
By signing up, you confirm that you meet these eligibility requirements.
Your parent or legal guardian assumes full responsibility for your activities on the platform if you are under 18.

CourtMapping does not independently verify the age of users or parental consent. However, if we receive a report or discover that a user has misrepresented their age, we may take appropriate action, including but not limited to:

Suspending or terminating the account.
Banning the user from future access.
Removing any related content from the platform.

Users are responsible for ensuring their use of CourtMapping complies with all applicable laws in their jurisdiction, including but not limited to COPPA (U.S.) and GDPR-K (EU). If a parent or guardian needs to request removal of a minor’s account or has questions regarding consent, they may contact support@courtmapping.com.

Sports Regulatory Compliance:
Users are fully responsible for compliance with any relevant athletic or sports regulations (e.g., NCAA, high school athletic associations, youth sports federations). CourtMapping and tiveCrea, Inc. disclaim any liability for eligibility disputes or rule violations arising from user activities on the platform.

2. PLANS AND SUBSCRIPTIONS

CourtMapping offers four subscription plans designed to meet different user needs. By subscribing to a paid plan, you agree to these Terms, including automatic billing, renewal policies, and refund terms.

Plans

Rookie (FREE) – Essential platform access at no cost.
Starter (PRO) – Advanced tools and premium networking features. Available with monthly and annual billing. No free trial.
All-Star (Premium) – Multi-user access for basketball academies, agencies, teams, and organizations. Available only with annual billing and requires contacting our sales team for approval.
MVP (Premium Plus) – Maximum exposure, live streaming, and branding tools. Available only with annual billing and requires contacting our sales team for approval.

CourtMapping reserves the right to modify, discontinue, or update any plan, pricing, or features at any time. However, any new or revised pricing will only apply to new subscriptions. Existing subscribers will retain their current subscription rates and terms for the duration of their active subscription.

Subscription & Billing Details

Starter (PRO) – Available with monthly and annual billing.
All-Star (Premium) – Available with annual billing only and requires direct sales team approval.
MVP (Premium Plus) – Available with annual billing only and requires direct sales team approval.

By subscribing, you authorize CourtMapping to charge the payment method provided at the agreed interval unless you cancel before the renewal date. Users are responsible for managing their subscriptions and cancellations. If a payment fails, CourtMapping may suspend or terminate access to paid features until the payment is successfully processed.

Automatic Renewals

Monthly plans renew automatically every month.
Annual plans renew automatically every year.

To avoid automatic renewal, users must cancel their subscription before the renewal date. No refunds or credits will be issued for failure to cancel before renewal.

Refund Policy

Refunds are processed on a case-by-case basis and are not guaranteed.
Refunds will not be issued for partially used billing cycles, user cancellations, or failure to cancel before renewal.
To request a refund, users must contact support@courtmapping.com.
CourtMapping does not provide refunds for digital services already rendered, except where required by law.
CourtMapping reserves the right to approve or deny refund requests at its sole discretion.
All refund decisions are final.

Taxes and Fees:
Subscription fees do not include any taxes or surcharges that may apply based on your jurisdiction. You are responsible for all applicable taxes, duties, or governmental fees, if any, in connection with your subscription.

3. ADVERTISING ON COURTMAPPING

CourtMapping provides exclusive advertising opportunities through static, non-clickable banner placements inside high-traffic spaces. By purchasing an ad placement, advertisers agree to these Terms.

Advertising Benefits

Exclusive Placement – Each ad slot is reserved for a single advertiser at a time, ensuring undivided visibility. Advertisers may be featured in different spaces simultaneously.
High-Impact Exposure – Banners are positioned at the top of key spaces for maximum visibility.
Static, Non-Clickable Format – Designed for brand awareness, with no external redirects or interactive elements.

Advertising Options & Terms

Rental Durations – Ad spaces are available for custom rental periods, determined on a per-inquiry basis and subject to availability.
Seamless Integration – Banners are professionally placed to maintain platform aesthetics and engagement.
Content Restrictions – Advertisements must not contain or promote adult content, gambling, alcohol, tobacco products, drugs, firearms, political campaigns, misleading claims, pyramid schemes, hate speech, or illegal activities.
CourtMapping reserves the right to update ad policies, reject, remove, or modify any ad that does not comply with our advertising guidelines.

Advertiser Responsibilities

Advertisers must provide their own banner design, meeting CourtMapping’s technical requirements and content standards.
Advertisers are solely responsible for the accuracy of their ad content and must comply with all applicable advertising laws.
CourtMapping is not liable for any false claims, misleading information, or disputes arising from advertiser content.

Payment & Refund Policy

All advertising fees must be paid in full before placement.
No refunds or credits will be issued after an ad is placed, except where required by law.
If an ad is removed due to violations of our policies, no refunds will be granted.

Liability Disclaimer

CourtMapping does not guarantee any specific engagement, impressions, or conversions from ad placements. Advertisers assume all risks related to the effectiveness of their campaigns.

Advertising Inquiries

To secure an ad placement, contact our marketing team.

4. USER CONTENT AND OWNERSHIP

User Ownership and License Grant

Users retain full ownership of any content they upload to CourtMapping, including but not limited to videos, coaching materials, images, text, and other media (“User Content”).

By uploading, posting, or submitting User Content to CourtMapping, users automatically grant CourtMapping and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, sublicensable, and transferable license to:

Use, host, store, reproduce, distribute, transmit, modify, adapt, create derivative works of, publicly perform, and publicly display User Content for the purpose of operating, promoting, marketing, and improving CourtMapping’s services.
This includes, but is not limited to, display on CourtMapping’s social media accounts, advertisements, marketing campaigns, and promotional materials.

This license remains in effect even if the user deletes their account or removes content, provided that the content:

Was previously shared publicly.
Was included in any CourtMapping promotional materials before removal.

Users cannot revoke this license for any reason once content is uploaded. By submitting User Content, users waive any moral rights they may have over the modification, adaptation, or reformatting of their content for CourtMapping’s use.

CourtMapping reserves the right to update or modify this policy at any time. Continued use of the platform constitutes acceptance of any updated terms.

Use of User Content and Platform Moderation

CourtMapping reserves the right to modify, remove, restrict, or refuse to display any User Content at its sole discretion, without notice.
Users acknowledge that CourtMapping is not obligated to store, display, or maintain copies of any content.
CourtMapping does not claim ownership of User Content, but users acknowledge that CourtMapping has full rights to use it under the granted license.

No Compensation or Monetization of User Content

Users acknowledge and agree that CourtMapping will not sell, license, or directly monetize their content for third-party advertising or commercial gain without explicit consent.
However, CourtMapping may use User Content for platform-related marketing, promotional purposes, and service improvements.
Users are not entitled to any revenue, compensation, or share of profits from CourtMapping’s use of User Content.

User Representations and Warranties

By uploading User Content, users represent and warrant that:

They own all rights to the content or have secured all necessary rights, licenses, consents, and permissions to grant CourtMapping the rights outlined in this section.
The content does not infringe on any third-party copyrights, trademarks, publicity rights, privacy rights, or other legal protections.
The content complies with all applicable laws and does not include unauthorized or illegal material.
The content does not contain defamatory, obscene, misleading, or unlawful material that could result in legal claims against CourtMapping.

Waiver of Claims and Release of Liability

To the fullest extent permitted by law, users waive any claims against CourtMapping related to the use, display, modification, or distribution of their User Content.
Users acknowledge that once content is uploaded, it may be shared, reposted, or distributed publicly, and CourtMapping is not responsible for how third parties interact with or use such content.
CourtMapping assumes no liability for:

Loss, deletion, modification, or misuse of User Content.
Unauthorized use of content by third parties.
Actions taken by third-party platforms (e.g., YouTube, Twitter/X, Instagram) regarding restriction, removal, or enforcement of their own policies on User Content shared by CourtMapping.

Note on Broader tiveCrea Policies:
Any user content that may also be displayed on other services of tiveCrea, Inc. is subject to the overarching tiveCrea Terms and Conditions and associated policies, which continue to govern intellectual property usage and ownership.

5. PRIVACY AND DATA SECURITY

User Consent & Acknowledgment

By using CourtMapping, you acknowledge and agree that your personal data may be collected, processed, stored, and shared in accordance with our Privacy Policy. Users must review and agree to the Privacy Policy before using the platform. If you do not agree, you must not use CourtMapping.

Clarification on Governing Privacy Policy:
CourtMapping’s data practices are managed under the “CourtMapping Privacy Policy” and/or the “tiveCrea, Inc. Privacy Policy” (collectively, “Privacy Policies”), as applicable. In the event of a conflict, the overarching privacy practices set forth by tiveCrea, Inc. will govern.

Data Protection & Security Measures

tiveCrea, Inc. prioritizes the privacy and security of all CourtMapping users. We implement industry-standard security measures to protect user data against unauthorized access, misuse, alteration, and loss, including but not limited to:

Encryption for sensitive information where applicable.
Access control measures to prevent unauthorized data exposure.
Regular security monitoring to detect and mitigate risks.

No Absolute Security Guarantee

While we take reasonable measures to protect user data, CourtMapping does not warrant or guarantee that user data will be fully secure from cyber threats, unauthorized access, or breaches. Users assume full responsibility for risks associated with data transmission and storage.

Third-Party Data Sharing & Compliance

CourtMapping may share user data with trusted third-party service providers (such as payment processors, hosting services, analytics providers) only when necessary for operational, legal, or security purposes.

CourtMapping does not sell user data to third parties for commercial gain.
Third-party providers process user data under their own privacy policies, and CourtMapping is not responsible for:

Third-party breaches, hacking incidents, or unauthorized access.
Third-party misuse, storage, or improper handling of data.
Third-party failures to comply with privacy regulations.

Legal Compliance

All data processing follows applicable data protection laws, including:

General Data Protection Regulation (GDPR) for EU users.
California Consumer Privacy Act (CCPA) for California residents.
Other applicable data protection laws based on the user’s jurisdiction.

Users are responsible for ensuring their use of CourtMapping complies with all applicable privacy laws in their jurisdiction.

User Rights & Data Retention

Users may request data deletion by contacting support@courtmapping.com.
Data deletion requests must be made in writing and will be processed in accordance with our Privacy Policy.
CourtMapping may retain certain user data even after deletion requests, as required for:

Legal compliance (e.g., tax, regulatory, or law enforcement obligations).
Fraud prevention and security investigations.
Platform integrity and enforcement of our Terms of Service.

Liability Limitation & User Responsibilities

CourtMapping is not liable for any unauthorized access, data breaches, or security incidents caused by:

Third-party service providers.
Cyberattacks, hacking, or data theft.
User negligence (e.g., weak passwords, phishing scams).

Users must take appropriate security measures, such as using strong passwords and enabling two-factor authentication (if available) to protect their accounts.
If users suspect unauthorized access to their data, they must immediately notify CourtMapping at support@courtmapping.com.

Data Breach Response

In the event of a data breach or suspected unauthorized access affecting user information, CourtMapping will follow the notification procedures outlined in the applicable Privacy Policies and abide by relevant data-protection laws (e.g., GDPR, CCPA).

Right to Update Privacy & Security Policies

CourtMapping reserves the right to update, modify, or revise its privacy and security policies at any time. Users will be notified of significant changes via email or platform notice. Continued use of the platform after policy updates constitutes acceptance of the revised terms.

Governing Law & Dispute Resolution

This Privacy and Data Security policy shall be governed by the laws of Delaware, United States, without regard to conflict of law principles.
Any disputes arising from this policy shall be resolved through binding arbitration in Delaware, in accordance with the American Arbitration Association (AAA) rules.
Users waive the right to participate in class-action lawsuits regarding privacy or data security claims.

6. INTELLECTUAL PROPERTY

CourtMapping’s trademarks, logos, slogan (“One Platform. Every Opportunity.”), and proprietary content are protected under applicable intellectual property laws. Unauthorized use, reproduction, modification, distribution, or exploitation of these materials without prior written consent from tiveCrea, Inc. is strictly prohibited and may result in:

Account suspension or termination.
Legal action, including financial damages.
Permanent restriction from accessing CourtMapping’s services.

Intellectual Property Ownership

Users acknowledge that all rights, title, and interest in and to CourtMapping’s brand identity, platform assets, and proprietary content remain the sole property of tiveCrea, Inc., including but not limited to:

Trademarks, service marks, slogans, and logos.
Platform designs, UI/UX elements, and trade dress.
Copyrighted materials, including software, databases, and code.
Domain names, platform features, and proprietary algorithms.

Restrictions on Use

Users may not:

Use, copy, distribute, or modify CourtMapping’s branding, trademarks, or proprietary content without express written permission.
Claim association or endorsement by CourtMapping without authorization.
Use CourtMapping’s intellectual property for commercial purposes without a licensing agreement.

CourtMapping actively enforces its intellectual property rights and reserves the right to pursue legal action against any unauthorized use.

7. PARENTAL CONSENT AND AGE VERIFICATION

CourtMapping prioritizes user safety and legal compliance. To ensure adherence to applicable laws, the following provisions apply:

Age Requirement & Parental Consent

Users confirm they are at least 13 years old before using the platform.
Users under 18 must have verifiable parental or legal guardian consent.
Misrepresentation of age or consent is a serious violation and may result in:

Immediate account suspension or termination.
Permanent restriction from CourtMapping.

Verification & Enforcement

CourtMapping reserves the right to:

Request verification of parental or legal guardian consent if there is reason to suspect misrepresentation.
Suspend or terminate accounts where age verification or consent is in doubt.
Deny access to any user who fails to meet legal age requirements.

Legal Responsibility of Parents & Guardians

By allowing a minor to use CourtMapping, parents or legal guardians assume full legal responsibility for:

The minor’s actions, content, and activity on the platform.
Ensuring compliance with all applicable age restrictions and privacy laws.
Any liability resulting from unauthorized or misrepresented access.

Waiver of Liability

CourtMapping is not responsible for verifying user age or parental consent.
Users (or their parents/guardians) bear full responsibility for ensuring compliance.
CourtMapping is not liable for misrepresentation of age or parental consent, unauthorized access by minors, or any disputes arising from parental supervision of minors.

By accessing and using CourtMapping, users and their guardians accept these terms and assume full legal responsibility for providing accurate information and ensuring compliance.

8. USER CONDUCT

By accessing or using CourtMapping, you agree to abide by the following standards of conduct and to use the Platform in a lawful, ethical, and respectful manner.

Prohibited Activities

You agree that you will not, under any circumstances:

Unlawful and Harmful Use

Use the Platform for any unlawful, fraudulent, deceptive, or harmful purpose.
Violate any local, state, national, or international laws or regulations while using the Platform.
Promote, facilitate, or engage in illegal activities, including but not limited to human trafficking, drug distribution, child exploitation, or weapons sales.

Prohibited Content

Post, upload, distribute, or share defamatory, obscene, sexually explicit, harassing, threatening, violent, hateful, or discriminatory content.
Share false, misleading, or deceptive information that could cause harm to individuals, businesses, or the CourtMapping community.
Distribute extremist content, terrorist propaganda, or incite violence.
Promote illegal goods, services, gambling, or fraudulent schemes.

Harassment and Discrimination

Engage in stalking, bullying, harassment, intimidation, or exploitation of any person or group.
Promote, encourage, or participate in hate speech, discrimination, or threats based on race, ethnicity, nationality, gender, sexual orientation, disability, religion, or other protected status.
Engage in doxxing (publishing private or personal information about others without consent).

Intellectual Property and Privacy Violations

Infringe upon copyrights, trademarks, patents, or privacy rights of any individual or entity.
Share personal data, confidential information, or non-consensual images or recordings without explicit authorization.

Impersonation and Misrepresentation

Impersonate any individual, entity, or organization, including CourtMapping representatives.
Falsely claim credentials, qualifications, affiliations, or endorsements.
Create fake accounts, duplicate accounts, or misrepresent identity for deceptive purposes.

Unauthorized Access and Security Violations

Attempt to hack, disrupt, or gain unauthorized access to any part of the Platform, including other user accounts.
Bypass security controls, authentication systems, or access restrictions.
Engage in phishing, fraud, or attempts to steal login credentials or sensitive data.

Malicious Activity

Introduce or distribute malware, ransomware, spyware, Trojan horses, worms, or viruses.
Engage in denial-of-service (DDoS) attacks or attempts to overload CourtMapping’s servers.

Automated Tools and Scraping

Use bots, web crawlers, scraping tools, or automated scripts to extract, collect, or manipulate data without explicit authorization.

Disruptive Behavior

Engage in spamming, mass messaging, or flooding spaces with irrelevant content.
Abuse the reporting system by making false or baseless claims against other users.
Attempt to overload, manipulate, or interfere with CourtMapping’s normal operations.

Enforcement and Consequences

tiveCrea, Inc. reserves the right, at its sole discretion, to enforce these Terms by taking any of the following actions:

Remove or restrict content that violates these Terms.
Suspend or terminate user accounts involved in prohibited conduct.
Restrict access to specific features or the entire Platform.
Take legal action against users engaged in unlawful or harmful activities.
Report violations to law enforcement or regulatory authorities when applicable.

No Tolerance Policy

CourtMapping has zero tolerance for the following violations, which will result in immediate and permanent account termination:

Child exploitation, grooming behavior, or any form of abuse involving minors.
Doxxing, hacking, or cybersecurity threats.
Terrorist content, incitement to violence, or real-world threats against individuals or institutions.
Exploitation of vulnerable individuals, including human trafficking or financial scams targeting minors or elderly users.

Users found engaging in these activities will be banned permanently and may be reported to law enforcement.

Finality of Enforcement Actions

CourtMapping reserves the right to permanently suspend or delete accounts at its discretion. Users cannot appeal enforcement decisions unless otherwise specified by CourtMapping.

Liability Disclaimer

CourtMapping is not responsible for user-generated content or third-party interactions.
Users are solely responsible for their actions on the Platform and any consequences thereof.
CourtMapping is not liable for damages, financial losses, or legal claims arising from user conduct.
CourtMapping is not responsible for security breaches due to user negligence (e.g., weak passwords, phishing scams).

In-Person Activities Disclaimer:
If CourtMapping interactions lead to in-person meetings, events, or sports activities, you acknowledge that you do so at your own risk. CourtMapping and tiveCrea, Inc. are not responsible or liable for any injury, accident, dispute, or harm arising from such in-person engagements.

9. ACCOUNT SUSPENSION AND TERMINATION

tiveCrea, Inc. reserves the right, at its sole discretion, to suspend, restrict, or terminate any user’s access to CourtMapping at any time, with or without prior notice, for any reason, including but not limited to:

Grounds for Suspension or Termination

Violation of these Terms – Any breach of the Terms and Conditions, Privacy Policy, or other platform policies.
Engagement in illegal or prohibited activities – Use of the Platform for unlawful, fraudulent, deceptive, or unethical purposes.
Posting harmful or inappropriate content – Sharing content that is defamatory, obscene, violent, harassing, misleading, illegal, or otherwise in violation of content guidelines.
Repeated misconduct or policy violations – Engaging in continuous or repeated violations after previous warnings or suspensions.
Threats to platform security – Any attempt to disrupt, hack, manipulate, or gain unauthorized access to CourtMapping, its users, or its infrastructure.
Abuse, harassment, or harm to other users – Engaging in behavior that endangers, harasses, stalks, exploits, or targets other members of the community.
Circumventing a prior suspension or ban – Creating a new account, using another user’s account, or assisting banned users in returning to the Platform.
Violation of legal requirements – Engaging in any activity that places CourtMapping at legal risk or violates regulatory obligations.

Termination Without Cause

CourtMapping reserves the right to suspend or terminate any account for any reason or no reason at all, at its sole discretion.

Consequences of Suspension or Termination

Immediate loss of access – Suspended or terminated users will lose access to their account, features, content, and privileges on the Platform.
Content removal – CourtMapping reserves the right to remove, restrict, or delete any content associated with a terminated or suspended account.
No refunds or credits for paid plans

If an account is suspended or terminated due to a violation of these Terms, no refunds or credits will be issued for any remaining subscription period.
Users explicitly waive their right to request or dispute refunds following termination.

Permanent restriction – CourtMapping may permanently ban users from creating new accounts or accessing the Platform.
Legal action if necessary – If a user engages in illegal activities, security threats, defamation, fraud, or reputational harm, CourtMapping reserves the right to pursue legal action.

Finality of Enforcement Actions

All suspension and termination decisions are final and non-negotiable.
Users have no right to appeal, request reinstatement, or dispute an account termination.
CourtMapping is not required to notify users before suspending or terminating an account.

No Liability for Account Termination or Content Loss

CourtMapping is not liable for any loss of content, data, business revenue, reputation, or access resulting from account suspension or termination.
Users are responsible for backing up their own content before using the Platform. CourtMapping has no obligation to retrieve or restore lost data.
CourtMapping is not responsible for any business, sponsorship, partnership, or employment loss caused by a user’s suspension or termination.
Users acknowledge that they assume full risk when using the Platform, including potential loss of access without prior notice.

10. LIMITATION OF LIABILITY

The CourtMapping Platform and all associated services are provided on an “as-is” and “as-available” basis, without warranties of any kind, express or implied.

To the fullest extent permitted by law, tiveCrea, Inc. expressly disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
Warranties arising from course of dealing, usage, or trade practice.
Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses, malware, or harmful components.
Any warranty that the Platform will function as intended on all devices, browsers, or operating systems.
Any warranty that data, results, insights, or analytics provided through the Platform will be accurate, complete, or reliable.
Any warranty that user interactions, agreements, or opportunities made on the Platform will be successful, legitimate, or risk-free.

No Guarantee of Service Availability, Features, or Support

tiveCrea, Inc. reserves the right to modify, suspend, restrict, or discontinue any part of the Platform at any time, with or without notice, for any reason.
Users acknowledge that access to CourtMapping may be restricted, limited, or unavailable at any time for any reason, including maintenance, technical issues, or business decisions.
tiveCrea, Inc. has no obligation to provide technical support, troubleshooting, or account recovery assistance.
No oral or written communication from CourtMapping, its staff, or representatives creates any warranty or guarantee.

Disclaimer of Personal Injury Risk

The Platform may facilitate or feature activities and discussions related to sports, including basketball. Participation in physical activities involves inherent risks, including potential injuries.
CourtMapping and tiveCrea, Inc. do not assume liability for any injuries, health issues, or damages that may result from your participation in any sporting events, training programs, or advice shared on the Platform.
Always consult with qualified professionals (e.g., coaches, physicians) before engaging in new training regimens or activities.

No Guaranteed Results

CourtMapping does not guarantee any specific outcomes, such as athletic improvement, recruitment, scholarships, sponsorships, or business deals.
Users assume all risks related to relying on any opportunities, advice, coaching tips, or user-generated content found on the Platform.

Liability Limitations To the maximum extent permitted by applicable law, tiveCrea, Inc., its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any:

Indirect, incidental, special, consequential, punitive, or exemplary damages.
Loss of profits, revenue, data, goodwill, business opportunities, contracts, sponsorships, or any intangible losses.
Damages resulting from:

Your access to or use of (or inability to access or use) the Platform.
Any conduct, content, or claims made by third parties on the Platform.
Unauthorized access, use, alteration, or deletion of your content or data.
Security breaches, hacking, data leaks, cyberattacks, or system failures.
Loss of functionality due to updates, maintenance, or platform changes.
User reliance on any information, recommendations, or advice provided through the Platform.

No Endorsement of User Content or Third-Party Services

CourtMapping does not endorse, verify, or take responsibility for any claims, promotions, or statements made by users.
tiveCrea, Inc. is not liable for disputes, fraud, or damages arising from interactions between users, whether online or offline.
CourtMapping integrates with third-party services (e.g., payment processors, hosting platforms, social media tools), but tiveCrea, Inc. is not responsible for issues, errors, security breaches, or losses caused by third-party services.
Users assume all risks when using third-party integrations linked through the Platform.

Security & Account Responsibility

Users are solely responsible for maintaining the security of their account, including protecting login credentials and enabling security measures.
tiveCrea, Inc. is not responsible for unauthorized access, lost passwords, or compromised accounts resulting from user negligence.
Users acknowledge that any loss of access to their account due to hacking, unauthorized access, or data breach is their sole responsibility.

No Financial or Business Liability

tiveCrea, Inc. is not responsible for any financial losses resulting from platform use, including but not limited to:

Loss of sponsorships, business deals, partnerships, investments, or revenue.
Removal of user content, accounts, or data.
User transactions, service fees, or payments made through third-party processors.

Financial Liability Cap In all cases, tiveCrea, Inc.’s total liability shall not exceed the greater of:

The amount paid by you to tiveCrea, Inc. in the twelve (12) months prior to the claim.
One hundred U.S. dollars (USD $100).

If applicable law does not allow the exclusion or limitation of certain damages or warranties, parts of this section may not apply to you. However, the total liability of tiveCrea, Inc. shall always be limited to the lowest amount legally permissible.

Binding Arbitration & No Class Action By using CourtMapping, you agree that:

Any dispute or claim related to the Platform must be resolved through binding individual arbitration.
You waive the right to participate in any class-action lawsuit, collective action, or representative proceeding against tiveCrea, Inc.
All disputes must be resolved individually, in accordance with the Governing Law section of these Terms.
Arbitration shall take place in the jurisdiction specified in these Terms, and users agree to waive any right to trial by jury.

Synergy with TiveCrea Disclaimers: You acknowledge that CourtMapping is a service of tiveCrea, Inc. and that the disclaimers, limitations of liability, and indemnities stated in the overarching tiveCrea Terms of Service also apply to your use of CourtMapping.

11. INDEMNITY

You agree to indemnify, defend, and hold harmless CourtMapping (tiveCrea, Inc.), its affiliates, officers, employees, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your use of the Platform (including any actions taken based on information obtained through CourtMapping).
Your violation of these Terms or any applicable laws or regulations.
Your User Content and any allegations that such content infringes or violates the rights of a third party.
Any breach of your representations and warranties set forth in these Terms.

Your obligation to indemnify includes any claims arising from the acts or omissions of any person or entity using your account or login credentials, whether or not such use was authorized by you.

12. DMCA NOTICE AND TAKEDOWN PROCEDURE

If you believe that any content on CourtMapping infringes upon your copyright or other intellectual property rights, you may submit a notice under the Digital Millennium Copyright Act (DMCA) or other relevant IP laws by providing the following information in writing:

A physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed right(s).
Identification of the work claimed to have been infringed, or if multiple works, a representative list.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit CourtMapping to locate the material.
A statement that you have a good faith belief that use of the material is not authorized by the intellectual property right owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are the intellectual property right owner or authorized to act on the owner’s behalf.

Send the above to:

Email: support@courtmapping.com
Mailing Address: tiveCrea, Inc., 1111b South Governors Ave, Suite 23902, Dover, DE 19904, USA

CourtMapping will respond to valid notices by removing the infringing content and taking reasonable steps to notify the user who posted it. In appropriate circumstances, repeat infringers’ accounts will be terminated.

13. ARBITRATION AND GOVERNING LAW

Binding Arbitration

By using any services provided by tiveCrea, Inc., including CourtMapping, users agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the use of the platform, or any relationship with tiveCrea, Inc. shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.

Arbitration shall take place in Dover, Delaware, U.S.A., and shall be conducted in English before a single arbitrator.
The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
Users waive any right to a jury trial or to bring claims in any other forum.

Class Action Waiver

Users agree that arbitration shall be conducted solely on an individual basis and not as a class, collective, consolidated, or representative action.
Users expressly waive any right to participate in class actions, class arbitrations, or collective lawsuits against tiveCrea, Inc.
The arbitrator shall not have the authority to conduct class-wide arbitration or to consolidate claims.

Exceptions to Arbitration

Notwithstanding the foregoing, tiveCrea, Inc. reserves the right to seek:

Injunctive relief or equitable remedies in a court of competent jurisdiction for any actual or threatened violations of its intellectual property rights.
Legal action against users engaged in fraudulent activities, security threats, or unauthorized access to its services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
In the event any dispute is found not to be arbitrable, or if arbitration is not enforceable in a particular jurisdiction, then such disputes shall be resolved exclusively in the state or federal courts located in Dover, Delaware.
Users waive any objections to jurisdiction or venue in Dover, Delaware.

14. MARKETPLACE SPACE DISCLAIMER

CourtMapping provides the Marketplace Space as a community-driven area where members may buy, sell, and trade basketball-related merchandise. This space is offered solely as a forum for users to interact, and CourtMapping has no involvement, oversight, or responsibility in any transactions, communications, or disputes that occur within this space.

By using the Marketplace Space, members acknowledge and agree that:

Independent Transactions

All interactions, listings, negotiations, and transactions in the Marketplace Space are strictly between members.
CourtMapping is not a party to any transaction, nor does it facilitate, verify, or guarantee any agreements made between members.

No Liability

CourtMapping assumes no responsibility or liability for any aspect of Marketplace transactions, including but not limited to:

The accuracy, authenticity, legality, or condition of listed items.
The fulfillment, payment, or delivery of any products.
Any disputes, fraud, misrepresentation, or damages resulting from user interactions.

No Endorsement or Involvement

CourtMapping does not review, monitor, or validate listings, products, services, or communications within the Marketplace Space.
The presence of an item, listing, or offer does not constitute endorsement, approval, or verification by CourtMapping.

Use at Your Own Risk

Members participate in the Marketplace entirely at their own risk.
CourtMapping does not provide refunds, assist in dispute resolution, or intervene in any transaction-related issues.

No Payment Processing or Guarantees

CourtMapping does not process payments, hold funds, or guarantee any transaction security.
All financial transactions are conducted directly between members at their own discretion and risk.
CourtMapping is not responsible for chargebacks, fraud, scams, or non-delivery of goods or services.

Release of Liability

By accessing or using the Marketplace Space, members waive and release CourtMapping, tiveCrea, Inc., and its affiliates, employees, and representatives from any and all claims, liabilities, disputes, losses, or damages arising from their activities within this space.
Users agree to indemnify and hold CourtMapping harmless from any claims related to Marketplace transactions, including fraud, disputes, product defects, non-delivery, and financial losses.

Taxes, Shipping, and Fees in the Marketplace:
All taxes, shipping costs, insurance, and any other transaction-related fees are the sole responsibility of the parties to the transaction. CourtMapping does not collect, remit, or facilitate any such payments.

15. COOKIES AND TRACKING

CourtMapping uses cookies and other tracking technologies to enhance user experience, analyze platform usage, and improve our services. By using the Platform, you acknowledge and consent to the use of these technologies in accordance with our Cookie Policy.

Types of Tracking Technologies We Use

CourtMapping may use the following types of tracking technologies:

Essential Cookies – Required for the core functionality, security, and proper operation of the Platform.
Analytical Cookies – Help us analyze usage patterns, optimize performance, and improve user experience.
Functional Cookies – Store user preferences for a personalized experience.
Marketing and Advertising Cookies – Used to deliver relevant ads, track conversions, and measure ad effectiveness.
Third-Party Cookies – Some third-party services integrated into CourtMapping (e.g., analytics providers, social media platforms, advertisers) may also set cookies.

User Consent and Control

Users can manage or disable cookies through their browser settings or via the Cookie Preferences tool (where applicable).
Disabling certain cookies may affect the functionality and user experience on the Platform. Some features may not work properly if specific cookies are blocked.
By continuing to use the Platform with cookies enabled, users consent to their use as outlined in our Cookie Policy.

For full details on how we use cookies, including how you can manage your preferences, please refer to our Cookie Policy.

16. CHANGES TO TERMS

tiveCrea, Inc. reserves the right to modify, update, or amend these Terms at any time at its sole discretion. Any changes will become effective immediately upon posting unless stated otherwise.

User Notification and Acceptance

Material Changes: If we make significant modifications that affect user rights, obligations, or platform policies, we will provide notice via:

Email notifications.
In-app alerts.
Public announcements on the Platform.

Continued Use: By continuing to access or use CourtMapping after any modifications take effect, you agree to be bound by the revised Terms.
Opt-Out Option: If you do not agree to the updated Terms, you must stop using the Platform immediately.

No Retroactive Changes

Changes to these Terms will not apply retroactively and will only take effect from the specified update date.
We encourage users to regularly review these Terms to stay informed about any updates.

17. NO PROFESSIONAL ADVICE DISCLAIMER

CourtMapping may include user-generated coaching tips, sports-related discussions, or general advice. Such content is provided for informational purposes only and does not constitute professional, legal, medical, or financial advice.

CourtMapping does not guarantee the accuracy, reliability, or effectiveness of any information shared by users or third parties.
You are solely responsible for any decisions you make based on content or advice found on CourtMapping.
CourtMapping and tiveCrea, Inc. disclaim all liability for actions taken (or not taken) based on information provided in any user-generated or platform-provided content.
Always consult a qualified medical, legal, financial, or sports professional before relying on any platform content. CourtMapping does not assume responsibility for any physical training regimen, medical issues, or legal ramifications discussed on the platform.

18. MISCELLANEOUS (BOILERPLATE)

18.1. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.

18.2. Entire Agreement

These Terms, along with any policies referenced or linked herein (e.g., Privacy Policy, Cookie Policy), constitute the entire agreement between you and tiveCrea, Inc. concerning the use of CourtMapping. They supersede any prior agreements, communications, or understandings.

Hierarchy of Terms:
These CourtMapping Terms supplement the overarching tiveCrea, Inc. terms and conditions . In the event of a direct conflict between these Terms and the TiveCrea Terms, the provisions of the CourtMapping Terms shall control for use of the CourtMapping platform.

18.3. No Waiver

The failure of tiveCrea, Inc. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will only be effective if in writing and signed by an authorized representative of tiveCrea, Inc.

18.4. Force Majeure

tiveCrea, Inc. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, governmental regulations, power failures, or internet disturbances.

18.5. No Agency or Partnership

Nothing in these Terms shall be construed to create a joint venture, partnership, or agency relationship between you and tiveCrea, Inc. You acknowledge that you act on your own behalf and not on behalf of tiveCrea, Inc.

18.6. Survival

The provisions of these Terms that by their nature should survive termination or expiration (including, but not limited to, provisions regarding Limitation of Liability, Indemnity, Arbitration, Governing Law, and Intellectual Property) shall survive any expiration or termination of these Terms.

19. CONTACT INFORMATION

If you have any questions, concerns, or inquiries regarding these Terms, you may contact us at:

Email: support@courtmapping.com
Mailing Address:
tiveCrea, Inc.
1111b South Governors Ave, Suite 23902
Dover, DE 19904, USA

Legal & Compliance Inquiries

For legal or compliance-related inquiries, please specify your request in the subject line of your email to ensure proper handling.

END OF CourtMapping TERMS AND CONDITIONS