Thank you for your interest in using the online services (the “Service”) operated by Triple Threat Baller (“TT”) and offered through the www.triplethreat.tv (the “Site”). These Terms of Use (“Terms”) govern your use of the Service and the Site (collectively, the “TT Network”). Please read these Terms carefully. By using the TT Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the TT Network.
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1. Your Responsibilities:
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You are responsible for obtaining and maintaining all equipment and services needed for access
to and use of the TT Network and for paying all charges related thereto. When you register to
become a member of the TT Network, TT collects certain personal information about you. You
agree that TT may use any information TT obtains about you in accordance with the provisions
of the TT Network Privacy Policy and in a manner consistent with any and all applicable laws
and regulations. You agree to: (a) provide true, accurate, current, and complete information as
prompted by the registration form; and (b) maintain and update such information to keep it true,
accurate, current, and complete at all times.
Prohibited User Content (as defined below) includes, but is not limited to, User Content that, in
the sole discretion of TT:
1. is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, excessive violence, or offensive subject matter, or contains a link to an
adult web site;
5. solicits personal information from anyone under 18;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing,
instant messaging, "spimming," or spamming";
9. contains restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities, including, but not limited to, making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful
purposes from other users;
12. involves commercial activities and/or sales without our prior written consent from
TT such as contests, sweepstakes, solicitation of donations, barter, advertising, or
pyramid schemes; or
13. violates the privacy rights, publicity rights, copyrights, trademark rights, or any other
rights of any person.
The following are examples of the kind of activity and communication that is illegal or
prohibited on the Site and through the use of the Services. TT reserves the right to investigate
and take appropriate legal action against anyone who, in its sole discretion, violates this
provision, including without limitation, reporting you to law enforcement authorities. Prohibited
activity includes, but is not limited to:
14. criminal or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
15. advertising to, or solicitation of, any user to buy or sell any products or services
through the Services;
16. circumventing or modifying, attempting to circumvent or modify, or encouraging or
assisting any other person in circumventing or modifying any security technology or
software that is part of the Services;
17. activity that involves the use of viruses, bots, worms, or any other computer code files
or programs, that interrupt, destroy, or limit the functionality of any computer software or
hardware, or otherwise permit the unauthorized use of or access to a computer or a
computer network;
18. covering or obscuring the banner advertisements on Forums, or any TT page via
HTML/CSS or any other means;
19. any automated use of the system, such as, but not limited to, using scripts to send
comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Services or the
networks or services connected to the Services;
21. impersonating or attempting to impersonate another user, person, or entity;
22. using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to access your
account;
23. using any information obtained from the Services in order to harass, abuse, or harm
another person or entity, or attempting to do the same; or
24. using the Services in a manner inconsistent with any and all applicable laws and
regulations.
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2. User Content:
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TT does not claim ownership of any information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, blog posts or other materials you submit for
display or distribution to others through the TT Network (collectively, “User Content”). As
between TT and you, you own all rights to your User Content. However, you grant to TT and
TT’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid,
world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform, and publicly display your User Content (in whole or
in part) in any format or medium now known or later developed; provided, however, that the
exercise by TT of its rights under the foregoing license shall at all times be subject to the
limitations upon disclosure of your User Content imposed upon TT under the TT Network
Privacy Policy. TT reserves the right to display advertisements in connection with User
Content and to use User Content for advertising and promotional purposes. TT does not prescreen
User Content and you agree that you are solely responsible for all of your User Content.
TT is not required to host, display, or distribute any User Content, and may remove at any time
or refuse any User Content. TT is not responsible for any loss, theft or damage of any kind to
any User Content. You represent and warrant that: (i) you own the User Content posted by you
on the Site or otherwise have the right to grant the license set forth in this section, (ii) your User
Content does not violate the privacy rights, publicity rights, copyright, contract, intellectual
property rights, or any other rights of any person, and (iii) the posting of your User Content on
the Site does not result in a breach of any contract between you and a third party. You agree to
pay for all royalties, fees and any other monies owing any person by reason of any User Content
you post on the Site. You are solely responsible for such User Content. TT accepts no
responsibility whatsoever in connection with or arising from such User Content.
TT does not endorse and has no control over User Content submitted by others to the Site. User
Content submitted to the Site is not necessarily reviewed by TT prior to posting and does not
necessarily reflect the opinions or policies of TT. TT makes no warranties, express or implied,
as to such User Content or its accuracy and reliability. Nonetheless, TT reserves the right to
prevent you from submitting User Content to the Site and to edit, restrict, delete or remove such
User Content for any reason at any time.
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3. Copyright Infringement:
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TT respects the intellectual property rights of others. Accordingly, TT has a policy of removing
User Content that violate copyright law, suspending access to the TT Network (or any portion
thereof) to any user who uses the TT Network in violation of copyright law, and/or terminating
in appropriate circumstances the account of any user who uses the TT Network in violation of
copyright law. Pursuant to Title 17 of the United States Code, Section 512, TT has implemented
procedures for receiving written notification of claimed copyright infringement and for
processing such claims in accordance with such law. If you believe your copyright is being
infringed by a user of the TT Network, please provide written notice to the following TT agent
for notice of claims of copyright infringement.
Triple Threat Baller
PO Box 655
Murrieta, California, 92564
Email: triplethreatballer2024@gmail.com
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Your written notice must: (a) contain your physical or electronic signature; (b) identify the
copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in
a sufficiently precise manner to allow TT to locate that material; (d) contain adequate
information by which TT can contact you (including postal address, telephone number, and email
address); (e) contain a statement that you have a good faith belief that use of the
copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or
the law; (f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the
copyright owner. Please do not send notices or inquiries unrelated to alleged copyright
infringement to TT’s designated agent.
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4. Termination:
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TT may terminate your TT Network membership or suspend your access to all or part of the TT
Network, without notice, if you violate these Terms or you engage in any conduct that TT, in its
sole and absolute discretion, believes is in violation of any applicable law or regulation or is
otherwise harmful to the interests of TT, any other TT Network user, or any third party. YOU
AGREE THAT TT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
REMOVING YOUR USER CONTENT OR SUSPENDING OR TERMINATING YOUR
ACCESS TO THE TT NETWORK (OR ANY PORTION THEREOF). You may discontinue
your participation in and access to the TT Network at any time. TT reserves the right to
investigate your use of the TT Network in the event TT, in its sole and absolute discretion,
believes you have violated these Terms.
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5. Modifications to Terms:
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TT may, in its sole and absolute discretion, change these Terms from time to time. TT will post
notice of such changes on the Site. If you object to any such changes, your sole recourse shall be
to cease using the TT Network. Continued use of the TT Network following notice of any such
changes shall indicate your acknowledgement of such changes and agreement to be bound by the
terms and conditions of such changes.
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6. Modifications to TT Network:
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TT reserves the right to modify or discontinue the TT Network with or without notice to you.
YOU AGREE THAT TT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
SHOULD TT EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE TT
NETWORK.
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7. Fees:
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TT reserves the right at any time to charge fees for access to new TT Network content or
services or to portions of the existing TT Network content or services or to the TT Network as a
whole. In no event will you be charged for access to any TT Network content or service, or to
the TT Network as a whole, unless we obtain your prior agreement to pay such fees. If you do
not consent to the payment of such fees, however, you may not have access to paid content or
services. Details regarding the content or services you will receive in exchange for fees, as well
as the payment terms and conditions that apply, will be disclosed to you prior to your agreement
to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby
incorporated by reference into) these Terms.
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8. Password and Security:
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You are responsible for maintaining the confidentiality of your TT Network password, and you
are solely responsible for all activities that occur under your password. You agree to immediately
notify TT of any unauthorized use of your password or any other breach of security related to
the TT Network. TT reserves the right to require you to alter your password if TT believes that
your password is no longer secure. YOU AGREE THAT TT WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY
SAFEGUARD YOUR PASSWORD.
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9. Links:
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TT’s provision of a link to any other Website or Internet resource is for your convenience only
and does not signify TT’s endorsement of such other Web site or resource or its contents. YOU
AGREE THAT TT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY
INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR
INTERNET RESOURCE.
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10. No Commercial Use; Other Use Restrictions:
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You may not resell, distribute, make any commercial use of (other than to keep and share
information for your own business purposes), use on a timeshare or service bureau basis, or use
to operate a Web site or otherwise generate income from the TT Network or any information
obtained therefrom. The Services are for your personal use only and may not be used in
connection with any commercial endeavors except those that are specifically endorsed or
approved by TT. Illegal and/or unauthorized use of the Services, including collecting usernames
and/or email addresses of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed from Member
profiles without notice or explanation and may result in termination of Membership privileges.
TT reserves the right to take appropriate legal action for any illegal or unauthorized use of the
Services.
Except for User Content, the reproduction, duplication, distribution (including by way of email,
facsimile or other electronic means), publication, modification, copying, translation, publication,
display, sale or transmission of material from this Site is STRICTLY PROHIBITED unless you
have obtained the prior written consent of TT or unless it is expressly permitted by this Site. The
material covered by this prohibition includes, without limitation, any text, graphics, logos,
photographs, audio or video material or stills from audiovisual material available on this Site.
The use of materials from this Site on any other web site or networked computer environment is
similarly prohibited.
Also, except for User Content, you are strictly prohibited from creating works or materials that
derive from or are based on the materials contained in this Site including, without limitation,
fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and
unlicensed merchandise. This prohibition applies regardless of whether the derivative materials
are sold, bartered or given away.
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11. Disclaimer of Warranties:
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YOU EXPRESSLY AGREE THAT USE OF THE TT NETWORK IS AT YOUR SOLE RISK.
THE TT NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TT
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, WITH RESPECT TO THE TT NETWORK (INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). TT MAKES NO
WARRANTY THAT THE TT NETWORK WILL MEET YOUR REQUIREMENTS, OR
THAT THE TT NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT
LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY
YOU OR OTHERS ON THE TT NETWORK IS NOT GUARANTEED AND THAT TT
SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE
TT NETWORK OR ITS UNAVAILABILITY. TT MAKES NO WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TT NETWORK, OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE TT NETWORK, OR THAT DEFECTS IN THE TT NETWORK WILL BE
CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE TT NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM TT OR THROUGH THE TT NETWORK SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
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12. Limitation of Liability:
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YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW,
IN NO EVENT WILL TT OR ITS OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS
BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT,
STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED
OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE
OF THE TT NETWORK.
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13. Exclusions and Limitations:
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Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages. Accordingly, some of the above limitations
and disclaimers may not apply to you. To the extent that TT may not, as a matter of applicable
law, disclaim any implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of TT’s liability shall be the minimum permitted under such applicable
law.
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14. Indemnification:
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You agree to indemnify, defend, and hold harmless TT, its parents, subsidiaries, affiliates,
officers, directors, employees, consultants and agents from and against any and all claims,
liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such
parties may incur as a result of or arising from your (or anyone using your account’s) violation of
these Terms. TT reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such case, you agree to
cooperate with TT’s defense of such claim.
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15. Trademarks:
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“TT” and the www.triplethreat.tv design, as well as certain other of the names, logos, and
materials displayed in the TT Network constitute trademarks, trade names, service marks or
logos (“Marks”) of TT or other entities. You are not authorized to use any such Marks without
the express written consent of TT. Ownership of all such Marks and the goodwill associated
therewith remains with TT or those other entities.
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16. Copyrights; Restrictions on Use:
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The content on the Site (the “Content”), including without limitation, video, text, photos, and
graphics, is protected under United States and international copyright laws, is subject to other
intellectual property and proprietary rights and laws, and is owned by TT or its licensors. Other
than with respect to your own User Content: (a) the Content may not be copied, modified,
reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way
without the prior written permission of TT and its applicable licensors; and (b) you must abide
by all copyright notices, information, or restrictions contained in or attached to any Content.
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17. U.S. Export Controls:
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Software available in connection with the Services (the "Software") is further subject to United
States export controls. No Software may be downloaded from the Services or otherwise exported
or re-exported in violation of U.S. export laws. Downloading or using the Software is at your
sole risk.
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18. Miscellaneous:
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These Terms, together with the terms of any end user license agreement to which you agree
when downloading any software that TT makes available through the TT Network and any
additional terms to which you agree when using particular elements of the TT Network,
constitute the entire and exclusive and final statement of the agreement between you and TT
with respect to the subject matter hereof, and govern your use of the TT Network, superseding
any prior agreements or negotiations between you and TT with respect to the subject matter
hereof. These Terms and the relationship between you and TT shall be governed by the laws of
the State of California as applied to agreements made, entered into, and performed entirely in
California by California residents, notwithstanding your actual place of residence. All lawsuits
arising from or relating to these Terms or your use of the TT Network shall be brought in the
Federal or State courts located in Riverside County, California, and you hereby irrevocably
submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of TT
to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such
right or provision. If any provision of these Terms is found by a court of competent jurisdiction
to be invalid, you nevertheless agree that the court should endeavor to give effect to the
intentions of TT and you as reflected in the provision, and that the other provisions of these
Terms remain in full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the TT Networks or
these Terms must be filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in these Terms are for convenience only and have no legal or
contractual effect. The terms of Sections 2 and 11 through 18 of these Terms, as well as any
other limitations on liability explicitly set forth herein, shall remain in full force and effect
notwithstanding any termination of your use of the TT Network.