TERMS AND CONDITIONS
LAST UPDATED NOVEMBER 2024
Welcome to our basketball community!
In these Terms and Conditions, you will find the rules governing access to and use of our Website https://wwwhoopers.club/ and APP (Hoopers App) (hereinafter jointly referred to as the “Platform”), and it is therefore very important that you read them carefully so that you can enjoy all that Hoopers has to offer.
The Website and the App are the property of Plantel Protagonista, S.A. (“Hoopers”, “we” or “us”), a public limited company incorporated under the laws of Portugal with its registered office at Rua da Prata, n.º 80, 1.º, 1100-420 Lisboa, and registered under no. 515665282.
If you wish to contact us, please send a message to our e-mail address info@hoopers.club.
Object and scope of the Terms and Conditions
At Hoopers our main goal is to get everyone playing basketball.
We want to create an active community around basketball in every neighborhood. We do this by encouraging people to get to know and play the sport, but also by supporting and promoting the preservation of local basketball courts and playing spaces.
To do this, we have developed a platform that will allow you to challenge other players and schedule games between friends, colleagues or any other Hoopers who are part of our Hooper Community.
However, we know that for our community to grow, we need more than a love of the sport and people who want to play basketball. It is essential that we provide information about all existing courts and create a culture of awareness about the importance of preserving local basketball courts.
We can only achieve this goal with your participation and help. That’s why we invite people and our registered Hoopers to map their local basketball courts on our platform, provide us with information on their state of repair and maintenance and help us join forces to reinvigorate these areas and return them to the local community as a renewed space that can be enjoyed by all.
On our Platform you can see and follow our projects in the fields and better understand how they have positively transformed and changed local communities, bringing them closer together.
You can also use our platform to follow basketball news from around the world, watch our basketball-related podcasts and other interesting content.
These Terms and Conditions will explain how our Platform works and should be read and interpreted in conjunction with our Privacy Policy.
Acknowledgement and Use
By accessing, visiting or using the Platform, you declare that you are fully and clearly aware of the rules and information included in these Terms and Conditions, and agree to be bound by them.
If you do not agree to the Terms and Conditions, you should not access or use the Platform or any of its content.
Liability
By using our Platform, you will be responsible for all activities that occur as a result of your use of the Platform. We will not be held responsible for any content, opinions, statements, photographs and any other information or content posted by you or any other user of the Platform.
How to use our Platform
Basketball Court Directory
Our Platform provides a directory of street basketball courts, which is mainly fed by information provided by users of our Platform, through their interaction with the Platform’s “Map” feature.
If you want to use our directory, you can do so as follows:
- Click on “Map”;
- Check and discover the locations of existing pitches.
Your obligations as a User
Once registered on the Platform, the user will be responsible for any and all activities that occur through the use of the Platform and the use of their account access data. Furthermore, by accepting these Terms and Conditions, you declare that you acknowledge and agree to be committed to:
- guaranteeing the security and confidentiality of your username and password allowing access to your account;
- not using the Platform in any way that causes, or is likely to cause, damage to the Platform or impair its availability or accessibility, or in any way that is unlawful, fraudulent or harmful, or in connection with any unlawful act, for fraudulent or harmful purposes or activities or which involves (i) a violation of the rights of third parties, (ii) acts offensive to public order, including threats, malicious acts, harassing or abusive, defamatory, obscene or indecent acts, or (iii) the promotion of hatred, violence or racial, political or religious intolerance;
- not make available or disseminate information or any unsolicited or unauthorized content, such as SPAM or content that belongs to third parties and that you do not have the right to use, such as content protected by copyright or content containing third party data;
- not to use the Platform to make available or disseminate any material that contains or may contain viruses, worms, defects, Trojan horses or any other element or computer code, files or programs that may interrupt, destroy or limit the functionality of any system, computer equipment or communication equipment, or that may adversely affect the image of Hoopers;
- not use or launch (or attempt) any automated system (including, without limitation, any bots, robots, spiders or any other unauthorized automated process) that may cause any limitations to the Platform, or with the intent to manipulate or take control of the Platform;
- not interfere with (or attempt to) circumvent, disable, or otherwise interfere with any security-related features of the Platform, including, but not limited to, using reverse engineering, decompiling, disassembling, modifying, or creating derivative work;
- not perform any systematic or automated data collection activities (including, without limitation, scraping, data mining and data harvesting) on or in connection with the Platform;
- use the Platform at all times in accordance with these Terms and Conditions and the laws and regulations in force.
Removal of content
We reserve the right to remove any content posted by you on our Platform that we consider, in our absolute discretion, to be offensive, illegal, explicit, graphic or in breach of any of these Terms and Conditions.
Security
Hoopers will make every effort to ensure that the Platform is free of any viruses or other related elements that may be dangerous to your computer or mobile device. However, as Hoopers cannot fully control the flow of information on the Internet, it cannot guarantee that it does not contain any viruses or other elements that could damage your computer or mobile device.
To ensure the security of the Platform, Hoopers may, at any time and without prior notice, take the necessary measures to ensure the integrity, security, continuity or quality of the Platform, including restrictions or limitations on access.
Operation of the Platform
Hoopers may suspend, block, interrupt or terminate access to the Platform, for all or just one or more users, in the following cases:
- When necessary due to technical, strategic, legal or business constraints;
- When necessary to guarantee the security of, in particular, communication channels, equipment or information;
- When it has strong suspicions of fraudulent or abusive use by itself or by third parties, of robots, spiders, crawlers, scrapers or other automated or interface means to access the Platform or extract information from other users;
- When required for its management, maintenance, repair, modification or updating of equipment operations, systems or any of the Platform’s functionalities;
- In other duly justified circumstances, including, in particular, in the event of breach by you of your obligations under these Terms and Conditions.
Hoopers also has the exclusive right to, at any time, permanently or temporarily, in whole or in part, and at its sole discretion, terminate the Platform or any of its functionalities without prior notice.
Links to Third Parties
The Platform may contain links to third-party platforms, such as basketball-related news sites. These platforms are not owned, operated or controlled by Hoopers and, therefore, Hoopers is not responsible or liable for them and does not control or approve the content of such platforms or platforms related to them. The inclusion of links in no way implies the existence of a relationship between Hoopers and the owner or manager of the linked website.
Therefore, the use of these links is the sole responsibility of the users of the Platform and will be subject to their respective terms of use.
Compensation
To the extent permitted by law, you agree to indemnify, defend and hold Hoopers and its affiliates, directors, officers, licensors, employees, shareholders, agents, partners, suppliers or content providers harmless from and against any claims, charges, demands, damages, losses, costs, liabilities and expenses (including attorneys’ fees) arising out of (i) your access to or use of the Platform; (ii) your content; and (iii) your violation of these Terms and Conditions.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL HOOPERS, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS OR CONTENT PROVIDERS BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER AND CONTENT OF THESE TERMS AND CONDITIONS, FOR ANY LOST PROFITS, LOST REVENUES, LOSS OF REPUTATION OR GOODWILL, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND. THE FOREGOING EXCLUSIONS DO NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Therefore, by accepting these Terms and Conditions, you declare that you understand and agree that Hoopers is not responsible for the content made available on the Platform by any users, except when it does not prevent access to such content as soon as it becomes aware of its illegality, as provided by law.
Hoopers is also not responsible for:
- any loss or damage, direct or indirect, caused by or resulting from the permanent or temporary unavailability of the Platform;
- any consequences arising from your use of the Platform or your account;
- any other facts caused by third parties.
Intellectual Property Rights
The user acknowledges that the Platform may contain certain content (texts, images, graphics, sound and animation, as well as all other available information) that is protected by copyright, patents, trademarks, trade secrets or other rights and laws, and that the Platform, its structure and presentation, the selection, organization and presentation of its content, including its functionalities and the software used, as well as the trademarks, logos and symbols that appear on the Platform are owned or held by Hoopers, or have been duly licensed to Hoopers.
It is Hoopers’ responsibility to manage the design, presentation and structure of all information, content and materials on the Platform, and as such Hoopers may, at any time, update, modify or delete any content, services, options or functionalities, as well as modify their presentation and configuration and modify their URL address. As a user, you are not authorized to download, transmit, publish, make available to the public, modify, transform, copy, sell, use or distribute, in any way, the texts, images or other information contained in the Platform, or part of it, without the prior written consent of Hoopers. The Hoopers name and logos are registered trademarks and service marks of Plantel Protagonista, Lda (collectively the “Hoopers Trademarks”). The use of Hoopers Trademarks on the Platform does not grant, nor may it be construed as granting, permission for the user to use, directly or indirectly, such Hoopers Trademarks.
Except as expressly authorized by Hoopers, you agree not to modify, copy, use, extract, rent, loan, sell, distribute or create derivative works based on the Platform or reverse engineer, reverse engineer or attempt to discover any source code, sell, assign, sublicense or transfer any right contained in the Platform.
You may not use the Platform to develop or market any solution or to compete with Hoopers, or use it in any other way that infringes Hoopers’ intellectual property rights. Any rights not expressly granted herein are reserved by Hoopers.
Personal Data
To see how your data is handled by Hoopers, please consult our Privacy Policy.
Complaints
For complaints regarding the use and operation of our Platform, you can contact us via the e-mail address info@hoopers.club or additionally via our Electronic Complaint Book.
If you live in a Member State other than Portugal, you can also submit your complaint on the website of the European Consumer Center.
You can also find more information on the website of the Directorate-General for Consumers: https://www.consumidor.gov.pt/ .
Applicable law and dispute resolution
The law applicable to these Terms and Conditions is Portuguese law and any dispute relating to their interpretation and execution is subject to the jurisdiction of the Portuguese courts.
In the event of a dispute relating to the use and operation of our Platform whose value does not exceed €5,000.00, such dispute may be subject to arbitration or mediation when you decide to submit it to an arbitral tribunal linked to the legally authorized centers for the arbitration of consumer disputes.
To this end, you can use the following legally authorized centers:
Lisbon Consumer Conflict Arbitration Center (CACCL)
Address: Rua dos Douradores, n.º 116 – 2.º, 1100 – 207 Lisboa
Telephone: +351 218807030
Fax: +351 218807038
E-mail: juridico@centroarbitragemlisboa.pt
Website: http://www.centroarbitragemlisboa.pt/
Consumer Information and Arbitration Center Porto (CICAP)
Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Telephone: +351 225508349/+351225029791
Fax:+351 225026109
E-mail: cicap@cicap.pt
Website: http://www.cicap.pt/
CIMAAL – Algarve Consumer Conflict Information, Mediation and Arbitration Center
Address: Edifício Ninho de Empresas, Estrada da Penha – 3º andar, sala 26 – 8005-131 Faro
Telephone: 289 823 135
E-mail: info@consumoalgarve.pt
Consumer Conflict Arbitration Center of Ave, Tâmega and Sousa (TRIAVE)
Address: Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães
Telephone: +351 253422410
Fax:+351253422411
E-mail: triave@gmail.com
Website: http://www.triave.pt/
Madeira Consumer Conflict Arbitration Center
Address: Rua Direita nº. 27 – 1º Andar – 9050-405 Funchal
Telephone: +351 291 750 330
E-mail: centroarbitragem.sre@madeira.gov.pt Legal Office: ca.gabjuridico.sre@madeira.gov.pt
Website: https://www.madeira.gov.pt/cacc
National Center for Consumer Conflict Information and Arbitration (CNIACC)
Address: Rua D. Afonso Henriques, 1, 4700-030 Braga
Telephone: +351 253619107
E-mail: geral@cniacc.pt
Website: https://www.cniacc.pt/pt/
Customer support
We are always available to answer any questions you may have about the Platform. Please contact us whenever you need to:
Email: info@hoopers.club
Changes to these Terms and Conditions
We may need to change these Terms and Conditions for organizational, legal or technical reasons. If this happens, you will be informed on the Platform.
Changes will come into force 15 days after notification, unless otherwise provided by law.