tiveCrea, Inc. – TERMS AND CONDITIONS

Effective Date: October 20th, 2024

tiveCrea, Inc. (“we,” “our,” or “us”) operates the website tivecrea.com and provides various digital services under the tiveCrea brand, including the CourtMapping platform. These Terms and Conditions (“Terms”) outline the rules and regulations for accessing and using our Services, including any associated websites or platforms (“Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must discontinue use immediately.

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement

By accessing or using the Services, including CourtMapping, you agree to comply with these Terms, our Privacy Policy, and any other posted guidelines or policies.

1.2 Eligibility

  • You must be at least 13 years old to access the Services.

  • If you are under 18, you must have verifiable parental or legal guardian consent.

  • Misrepresentation of age or consent may result in account termination or other enforcement actions.

1.3 Jurisdictional Compliance

Users are responsible for ensuring compliance with all applicable local, state, federal, and international laws in their respective jurisdictions.

Hierarchy with CourtMapping Terms:
If you use the CourtMapping platform, you may be subject to additional Terms & Conditions specific to CourtMapping. In the event of a direct conflict between these tiveCrea Terms and the CourtMapping-specific Terms, the CourtMapping Terms will control for CourtMapping usage.

2. CHANGES TO TERMS

We reserve the right to modify or update these Terms at any time. When we do, we will:

  • Post the revised Terms with a new Effective Date.

  • Provide notice if changes are material (e.g., via email, platform notifications).

Continued use of the Services after any modifications constitutes acceptance of the revised Terms. If you do not agree with any updated Terms, discontinue use immediately.

3. SERVICES AND USE

3.1 Service Overview

tiveCrea, Inc. provides digital solutions, including but not limited to:

  • The CourtMapping platform (which offers various subscription tiers, user networking, marketplace features, etc.).

  • tivecrea.com and any related sites or online tools owned by tiveCrea, Inc.

3.2 Modifications

We may modify, suspend, or discontinue certain features or Services at any time, with or without notice, and shall not be liable to users or third parties for any modification or discontinuation.

3.3 Compliance with Laws

Users agree that their use of the Services will comply with all applicable laws and regulations. Any illegal or unauthorized use may result in account suspension or termination.

4. ACCOUNT REGISTRATION

4.1 Account Creation

Certain features require creating an account. You agree to:

  • Provide accurate, current, and complete information.

  • Maintain and promptly update your account details.

4.2 Account Security

You are responsible for:

  • Keeping your username, password, and other credentials confidential.

  • Notifying us immediately of any unauthorized access or suspicious activity.

4.3 Account Responsibility

All activities under your credentials are your responsibility. tiveCrea, Inc. is not liable for any loss or damage arising from unauthorized account use if caused by your failure to maintain account security.

5. PAYMENT, BILLING, AND ADVERTISEMENTS

5.1 Paid Services

tiveCrea, Inc. may offer paid services (e.g., subscription plans on CourtMapping):

  • Rookie (FREE) – Essential platform access at no cost.

  • Starter (PRO) – Advanced tools and premium networking features. Available with monthly and annual billing.

  • All-Star (Premium) – Multi-user access for basketball academies, agencies, teams, and organizations. Annual billing only, requires sales team approval.

  • MVP (Premium Plus) – Maximum exposure, live streaming, and branding tools. Annual billing only, requires sales team approval.

5.2 Subscription & Billing Details

  • Monthly and annual plans may auto-renew unless canceled prior to the renewal date.

  • Payment failures may result in suspension or termination of access to paid features.

  • Refund Policy: Refunds are processed on a case-by-case basis. Contact office@tivecrea.com for inquiries. No refunds for partially used billing cycles or failure to cancel before renewal unless required by law.

Pricing Modifications:
We reserve the right to introduce new fees or modify existing subscription fees for new or existing Services. Any pricing changes will be communicated, and continued use after notice constitutes acceptance.

5.3 Advertising on CourtMapping

CourtMapping provides exclusive advertising opportunities via static, non-clickable banners:

  • Exclusive Placement – One advertiser per slot.

  • High-Impact Exposure – Banners at prime locations for visibility.

  • Static Format – No redirects or interactive elements.

Payment & Refunds:
All advertising fees must be paid in full before placement. No refunds after an ad is placed, except where legally required or at our sole discretion.

For advertising inquiries, contact office@tivecrea.com.

No Endorsement:
We do not endorse or verify advertiser claims. Users assume all risks when engaging with any advertised product or service.

6. USER CONTENT AND OWNERSHIP

6.1 User Ownership and License Grant

Users retain full ownership of any content they upload to tiveCrea, Inc. services, including CourtMapping. By uploading content:

  • You grant tiveCrea, Inc. and its subsidiaries (including CourtMapping) a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, distribute, modify, publicly perform, display, and create derivative works in connection with operating, promoting, and improving our services.

  • This license remains in effect indefinitely, even if content is removed or the account is terminated, provided the content was shared publicly or used in promotional materials.

6.2 Use of User Content & Moderation

  • tiveCrea, Inc. reserves the right to remove or refuse to display content at its sole discretion.

  • We are not obligated to store or maintain copies of any content.

  • We do not claim ownership of user content itself, but you acknowledge our full rights to use it under this license.

6.3 No Compensation

We will not sell or directly monetize your content for third-party advertising without explicit consent, but we may use it for promotional or marketing purposes. You are not entitled to compensation from such use.

6.4 Representations & Warranties

You represent and warrant that:

  • You own or have all necessary rights to the content.

  • Your content does not infringe the rights of any third party.

  • Your content does not violate any laws or contain defamatory or obscene material.

6.5 Indemnification

You agree to indemnify, defend, and hold harmless tiveCrea, Inc., its subsidiaries, employees, officers, agents, and partners from any claims, liabilities, or damages related to your content (including copyright infringement, privacy violations, or misuse by third parties).

6.6 Waiver of Claims

You waive any claims against tiveCrea, Inc. for use, display, or modification of your content. Once uploaded, your content may be shared publicly, and we are not responsible for third-party use or reposts.

7. PRIVACY AND DATA SECURITY

7.1 Privacy Policy

Your use of the Services is subject to the tiveCrea, Inc. Privacy Policy, which explains how we collect, use, and protect personal information. By using the Services, you consent to these practices. If you use the CourtMapping platform, the CourtMapping Privacy Policy may also apply. In the event of a direct conflict between the tiveCrea Privacy Policy and the CourtMapping Privacy Policy regarding your use of CourtMapping, the CourtMapping Privacy Policy shall control.

7.2 International Data Transfers

By using our Services, you consent to the transfer of your data to jurisdictions with different data protection laws than your home jurisdiction.

7.3 Security Measures

We use industry-standard security protocols to protect user data. However, no method of transmission over the internet is 100% secure. Users acknowledge the inherent risks of data transmission.

7.4 No Absolute Security Guarantee

tiveCrea, Inc. does not warrant or guarantee that your data will be fully secure from cyber threats, unauthorized access, or breaches. Users assume all risks associated with data transmission.

8. INTELLECTUAL PROPERTY

8.1 tiveCrea, Inc. IP

All trademarks, logos, slogans (e.g., “One Platform. Every Opportunity.”), designs, website content, and proprietary materials associated with tiveCrea, Inc. (including CourtMapping) are protected under applicable intellectual property laws.

8.2 Prohibited Use

Any 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 termination, legal action, or both.

8.3 Ownership

All rights, title, and interest in tiveCrea, Inc.’s brand identity (including CourtMapping’s marks, domain names, software, etc.) remain exclusively with tiveCrea, Inc. Nothing in these Terms grants you any rights or licenses beyond what is expressly stated.

9. PARENTAL CONSENT AND AGE VERIFICATION

9.1 Age Requirement

  • You affirm you are at least 13 years old.

  • If you are under 18, you affirm you have verifiable parental or guardian consent.

9.2 Accuracy of Information

Misrepresentation of age or consent violates these Terms. We may suspend or terminate accounts found to be misrepresenting age.

9.3 Disclaimer of Liability

  • tiveCrea, Inc. is not liable for false age verification or misrepresented parental consent.

  • Parents or guardians are solely responsible for ensuring compliance and monitoring minors’ activities.

10. ARBITRATION AND GOVERNING LAW

10.1 Binding Arbitration

By accessing or using any Services of tiveCrea, Inc., you agree that any and all disputes or claims shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

  • Arbitration shall take place in Dover, Delaware, in English, before a single arbitrator.

  • The arbitrator’s decision shall be final and binding.

  • You waive any right to a jury trial or to bring claims in any other forum.

10.2 Class Action Waiver

You agree that any arbitration will be conducted solely on an individual basis and not as a class or collective action. You waive the right to participate in class actions against tiveCrea, Inc.

10.3 Exceptions

tiveCrea, Inc. reserves the right to:

  • Seek injunctive relief in a court of competent jurisdiction to protect intellectual property.

  • Pursue legal action for fraudulent activity, security threats, or unauthorized access.

10.4 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. If arbitration is not enforceable in a particular jurisdiction, disputes shall be resolved exclusively in the state or federal courts in Dover, Delaware.

11. TERMINATION

tiveCrea, Inc. may suspend or terminate your account and access to the Services at its sole discretion, with or without notice, for any reason, including but not limited to:

  • Violations of these Terms or related policies.

  • Illegal activities, fraud, or harmful conduct.

Upon termination:

  • Your right to use the Services ceases immediately.

  • We may retain or delete data as required by law or our internal policies.

12. LIMITATION OF LIABILITY

12.1 As-Is Basis

The Services are provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied.

12.2 Exclusion of Certain Damages

To the fullest extent permitted by law, tiveCrea, Inc. shall not be liable for any:

  • Indirect, incidental, special, or consequential damages.

  • Loss of profits, revenue, data, or goodwill.

12.3 Liability Cap

In any event, tiveCrea, Inc.’s total liability shall not exceed the amount you paid to tiveCrea, Inc. in the 12 months preceding the claim, or one hundred U.S. dollars (USD $100), whichever is greater.

12.4 Personal Injury & No Guarantees

  • We do not assume liability for personal injury or damages from sports-related or in-person activities that users may engage in based on our Services.

  • No guarantee is provided regarding specific outcomes (e.g., scholarships, recruiting, or success).

13. INDEMNITY

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

  • Your use of the Services.

  • Your violation of these Terms.

  • Your User Content, including any claim that it infringes or violates the rights of a third party.

14. MARKETPLACE SPACE DISCLAIMER

CourtMapping provides a Marketplace Space where members may buy, sell, or trade basketball-related merchandise. This is a user-to-user forum.

14.1 Independent Transactions

  • All interactions and transactions are strictly between the members involved.

  • tiveCrea, Inc. is not a party to these transactions and does not facilitate or guarantee agreements.

14.2 No Liability

We assume no responsibility for:

  • The accuracy or condition of listed items.

  • Payment, fulfillment, or delivery of products.

  • Fraud, disputes, or misrepresentations between users.

14.3 Use at Your Own Risk

  • Users participate at their own risk.

  • We do not process payments or intervene in disputes.

  • tiveCrea, Inc. has no responsibility to collect or remit any taxes or fees on user-to-user transactions.

By using the Marketplace, you waive and release tiveCrea, Inc. from any claims or damages arising from these activities.

15. NO PROFESSIONAL ADVICE DISCLAIMER

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

  • We do not guarantee accuracy or reliability of any advice or tips.

  • You are solely responsible for your decisions or actions based on this content.

16. MISCELLANEOUS

16.1 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in effect, and the invalid or unenforceable part will be construed to reflect the original intent.

16.2 Entire Agreement

These Terms, along with any additional policies referenced (e.g., Privacy Policy, Cookie Policy), constitute the entire agreement between you and tiveCrea, Inc. They supersede any prior agreements or understandings.

16.3 No Waiver

Failure by tiveCrea, Inc. to enforce any provision is not a waiver of our right to do so later.

16.4 Force Majeure

tiveCrea, Inc. shall not be liable for any delays or failures to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, wars, cyberattacks, or governmental actions.

16.5 No Agency or Partnership

Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and tiveCrea, Inc. You act on your own behalf and not on behalf of tiveCrea, Inc.

16.6 Survival

Any provisions that by their nature should survive termination (e.g., Indemnification, Limitation of Liability, Arbitration) will remain in effect.

17. CONTACT INFORMATION

For questions, inquiries, or support regarding these Terms or any of our Services, you may contact us at:

  • Email: office@tivecrea.com

  • Mailing Address:
    tiveCrea, Inc.
    1111b South Governors Ave, Suite 23902
    Dover, DE 19904, USA

Legal & Compliance Inquiries: Please specify your request in the subject line to expedite handling.

END OF tiveCrea, Inc. TERMS AND CONDITIONS