We are JKF Media LLC ("Company," "we," "us," "our"). We operate the website https://theblackpeoplesguide.com (the "Site"), the mobile application The Black People's Guide (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and JKF Media LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by admin@theblackpeoplesguide.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: admin@theblackpeoplesguide.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Legal Terms;(4) you are not under the age of 13;(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:http://theblackpeoplesguide.com/privacy-policies. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be entirely performed within the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Philadelphia, Pennsylvania. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
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“Every single year I’ll get better,” Flemings told Andscape on May 11 during the NBA Pre-Draft Camp. “They can’t say that one year I played better. Maybe one year I’ll shoot better or something like that. But they can’t say I’m the same player. If you look back to any year in my career, the next year I played I got better, no matter what it was. If I would have stayed in college this next year, I would have got better.
“So, I anywhere I go, who they draft me as is not who I’m gonna be my fifth year. Some people, they draft them at their peak. That’s who they are. But not me. This is the lowest I’m going to be as long as I’m in the NBA. As the year goes on, as the days go on, I’ll just constantly get better, just compete all the time.”
Flemings averaged 16.1 points, 5.2 assists, 4.1 rebounds and 1.8 assists while shooting 38.7% from 3-point range as a freshman for Houston last season. The 2026 All-Big 12 Conference first-team selection set a Houston freshman scoring record by dropping 42 points on Texas Tech. ESPN’s Jeremy Woo listed Flemings as the ninth-best prospect in his latest NBA draft top 100 list on June 19. The San Antonio native is also one of five children and his sister, Bella, committed to play for Duke next season.
Andscape is celebrating Father’s Day and the lead-up to the 2026 NBA draft with a Q&A series including some of the draft’s top prospects and their fathers. The first day of the draft is Tuesday night at the Barclays Center in Brooklyn. The fathers and sons who participated include Flemings and his father, Demetric “Dee” Flemings; former Arkansas guard Darius Acuff Jr., and his father, Darius Acuff Sr.; former Tennessee forward Nate Ament and his father, Albert Ament; former Duke center Cameron Boozer and his father, former NBA All-Star Carlos Boozer; former Louisville star guard Mikel Brown Jr., and his father Christopher Brown Sr., and former BYU forward AJ Dybantsa and his father, Anicet “Ace” Dybantsa Sr.
The following is a Q&A with Kingston and Dee Flemings:
Houston Cougars guard Kingston Flemings set a Houston freshman scoring record with 42 points against Texas Tech on Jan. 24.
Michael C. Johnson-Imagn Images
As you talk to all these NBA teams, what do you tell them when they ask you ‘who are they getting as a player, and who are they getting as a person?’
Kingston Flemings: If you ask anyone I’ve played with, or on any team, any level, no one can say I was a bad teammate going all the way back to when I started in first grade or kindergarten. Any people I play with, I constantly get everyone I play with better. I can fit into any team with anything they need for me — facilitator, scorer, defender. I can do anything for that team. So, if you put me on any team with any players, I can get along with them and make them better as a team.
What gives you the most excitement about the NBA draft and what gives you a little anxiety about it?
I guess anxiety. I just want to get on the court, really. The interviews and testing, all that is nice. But at the end of the day, you just got to play basketball. So, I like getting on the court and the excitement. All of it is exciting. I dreamed of this as a kid just watching it when I was younger. And just being here is definitely surreal. So, I’m just ready to hear my name called and walk across the stage.
Father’s Day is two days before the 2026 NBA draft. What do you think about the timing of that and what does your father mean to you?
It’s great. He means everything to me. I think about how hard him and my mom worked. Just [her] being a nurse. [Him] being a firefighter. And then putting all that time into us. I know he picked up a shift working with Delta [Airlines], so he could get us free flights so we could fly places.
He worked out with me and my sister at the YMCA at 5 a.m. before he had to go to work. Everything he sacrificed to get me and my sister and my siblings to the place we are right now, people don’t see it. But we definitely see it behind the scenes. And without him, we definitely wouldn’t be here right now.
You father flew to Chicago just to be a part of this father-son interview with you. Can you give me some more detail about everything he does?
I know it’s not easy. He grew up a single child, so he kind of had to teach himself a lot. There is there is so much that he’s taught us. He wasn’t the most amazing basketball player. He had to learn a lot, and he learned a lot of things in different ways just picking people’s minds any way he could just to cater to our dreams.
It was never his dream for me to go to the NBA, or my sister to play basketball. But we told him what we wanted to do, and he [guided us] to the best of his ability. And that’s just the man he is, definitely. Whatever he puts his mind to, he ended up doing it. And he’s gotten me and all my siblings to a pretty high space so far.
He also gives you a push to commit and give your all. Can you expound on that?
I can’t be one foot in, one foot out. No matter what it is, basketball, soccer, lacrosse, tennis, whatever it would have been we’re going to be completely headstrong into that. So, once I said it was basketball, especially for me, we worked at it every single day. At 5 a.m., late nights, everything like that. So, the same with my sisters.
Once we said what our dream was, he constantly reminded us that it wasn’t his dream, it’s our dream. So, he shouldn’t be working harder for our dream than we are. He would always say that a lot.
Did you ever fight his push?
Definitely. When it’s coming from your dad, sometimes you just don’t want to hear it, because you’re hearing it all day, every day. But as I got older, you really know what he’s saying is true. Even sometimes you don’t when you don’t want to hear it. So, he prepared me for a lot of things.
Going to Houston, playing for Coach Samp [Kelvin Sampson], playing for high school and just life. Life is not easy at all. But the way he raised me, and how hard he pushed me from that, just prepared me for life.
Your parents didn’t let you know what NIL money they agreed to for you with Houston until you signed your contract. What did you think about that approach?
I’ve never been a huge accessories guy or money guy or anything like that. I didn’t really care what schools were paying me more or less. They definitely didn’t really tell me about it. So, at that point you’re picking the school off who you like the most — coaching staff, everything like that. And money’s not involved in it. Some schools could offer the most money, but their coaching staff and everything like that is horrible.
So, definitely when it came down to my final schools, Texas Tech and Houston, either school I would have picked would have been great. But I’m glad I went to Houston. Coach Samp, playing with them, all my teammates, they taught me a lot just being there for the one year I was.
As a firefighter, what does it say about your father as a person that he’s putting his life on the line for people he doesn’t know?
I’ll try not to think about [the risk] too much. I hope he is safe whenever he’s at work. But just knowing him, my mom, they are in two professions where you’re helping people all day. So, there’s not a lot of professions like that. So, sacrificing himself for other people is just the way he kind of lives life. If you meet him, he won’t like say that he’s like a sentimental guy or anything like that. But you definitely can see it.
He cares about what people say, and he cares about helping other people even though he was a single child. He likes people liking him, really. So, him being a firefighter, just how much he sacrifices for other people.
Whatever team you go to, what teachings of his are you gonna bring with you there?
There’s definitely a lot. When you’re at a new place with new people, some people are there to help you. But it’s kind of for you. Keep your circle tight. And you got to work on your own. Take it one step at a time. So, when you go to a new place like that, some people are there to help you, but you really got to focus on yourself because you’re the reason you’re going to become somebody.
So, really focusing on yourself, working every single day by yourself, not having someone else make you go to the gym or make you work out or lift. Wanting to do it by yourself, and just wanting to become the best you can, just every single day, that’s me. So, anything I’m playing, if it’s any sport or anything, I just hate to lose. So, I’m constantly getting better, so I never have that feeling of losing or feeling that someone’s better than me, especially when I’m on the court.
Part of Kingston Flemings’ success is his competitive streak, which helps him with confidence on and off the court.
Melissa Tamez/NBAE via Getty Images
There is a perception that the top four players in the 2026 NBA draft are Cameron Boozer, AJ Dybantsa, Darryn Peterson and Caleb Wilson. When you don’t hear your name in that mix, how do you feel?
People on the outside can say a lot of things. But once you get on the court, it’s one thing. You’re hooping out there. So, what people think of you, who likes you, who doesn’t, all you really need is one person, one team to believe in you. All I really needed in college was one team to believe in me: Houston. If any, if all the other teams across didn’t believe in me, it didn’t matter, because Houston did. So, any team that believes in me in the NBA — whether it’s the first pick, whether it’s the last pick in the draft — it doesn’t matter. As long as I get there and I get a chance, I get opportunity, I’m going to show who I am.
It doesn’t matter on the first pick, second pick, third, so on. I’m just proud of all the all the kids and all the players that have gotten here. It’s not easy at all. I know I’ve worked for it. But obviously I know the player I am, and I know how I see myself. I don’t overly care what other people think because they’re not me, and they’re not playing on the court like I am. They don’t get a 94-foot slab like I do, guard people like I do, play like I do, compete like I do. They don’t know that. They just see outside. They see the measurables. But end of the day, you just got to get on that court. It’s just us and other teams.
Would you agree that you’re a silent assassin when you play?
In high school or middle school I talked a little more. But college I didn’t really talk at all. Some people try to talk, but once they realize that you’re not talking back, you’re not engaging them, it makes them feel dumb […] So, if you’re really focusing on yourself, focusing on your team, and not what other people say, that’s just solid banter. They’re trying to get under your skin, but if that works on you, it works on you.
When I watch you play it looks like you could score on your sleep. When you’re hot, what does that feel like?
Yeah, definitely. Any spot I get to, I feel confident in the shot. A lot of times, especially when you get it going, you just feel confident all across the court, especially when you get in the flow. So, getting to those spots, getting in the mid-range, and then using my body, once you start scoring a lot, the defense starts second guessing. And then they don’t trust that they can guard you. Once doubt creeps in that’s how you kill people. So definitely, as the game goes on, I start feeling it and feeling it. My confidence grows, and that’s how I had those big games.
What is your village of supporters like?
For me, since I started playing basketball, I stayed with the same people. The same people that I grew up with playing against, I play with them every single day. The same people that I grew up with training with, I train with them every single day. I’m just blessed to be around a certain amount of people that are trustworthy and have this mindset that can really help me. So, there’s no reason for me to leave for the outside, because I know these people were with me from the beginning.
A lot of people come in like at the end, and they see who you are. But they didn’t see who you were. They didn’t see all the work you played in before that. And that’s who the people were in my village, that’s who they saw. [It’s about] just staying with those [people], continuing to work. And they know the player I am and the mindset I have.
How much pride do you have in your last name?
Definitely a lot. I see online sometimes ‘Flemings,’ and they put two ‘m’s’ and that kind of irks me a little bit. Your name is all you got at some point. So, any team, or any person I go to, I just want them to really like me as a person and like my name, because that’s all you got. If you go to a team and no one on that team likes you, even if you did good, once you leave, they got some people asking you about them, they’re gonna tell them the truth, and that’s your name at the end of the day.
So, anywhere I leave, I don’t want to give a reason for someone to talk down on me or anything like that. So, I definitely carry that heavy when I’m playing anywhere I go. I’m just trying to be a sound kid, a nice kid. And then on the court just do whatever I can to kill and get the win.
What does the city of San Antonio, your hometown, mean to you?
People just when they hear San Antonio, they have a bad connotation with it a little bit, you know. In Texas, it’s Houston, Dallas. So, it’s a little like San Antonio doesn’t have too much respect. But I think just how much work we put in, like especially on our team. I know how much work we put in — my family, all my friends. So, I think just trying to bring a good rep to the 210 [area code] any way I can. And just support them, and just show people in San Antonio are one of one, too.
Demetric “Dee” Flemings on his son Kingston: “He’s hard working, he’s loyal, he’s a family-oriented person. The day you draft him, you become family.”
Carmen Mandato for ESPN
What is your first recollection of putting a basketball on your son’s hands?
Demetric “Dee” Flemings: Kingston is about six years younger than his older brother, and his whole life he’s just been following him around. In a sense, that motivates him. But it’s if you know Kingston, he’s motivated by Shaydon, because he always wanted to be better than him. So, when Shayden was, I’ll say, eight, so that put Kingston at about two, he’s at Shaydon’s practices, he’s trying to play, he’s at football practice, he’s at basketball practice, and he’s just picking up the ball. He’s out there trying to challenge the teammates and get in there.
How did you name him Kingston?
I wanted to call him King, but I felt like it’d be a little too egotistical. And I knew his nickname would be ‘King,’ so we just went with Kingston.
At what point did you say Kingston could be special in this game of basketball?
I knew something was different about him when he was four playing on his older brother’s team. So, he was four playing on the 10-year-old team. He couldn’t get the ball to the rim. So, it was literally just defense and passing. And ultimately that’s really who he is. And he just always wanted to find everybody and pass.
And one day, around the same age, we’re at the park and just on the court working, and he does a Euro step. I said, ‘Where’d that come from?’ He said, ‘I saw it when Shaydon was playing the video game.’ So that told me there’s something different about his mind that he saw his brother playing a video game, saw a Euro step, and then he just came out to the court and did it on his own. It was like, ‘Okay, he’s got a little something different to him.’
As a Black man, what kind of lessons, and just as a man in general, was it important for you to teach them just in life?
Leave every room better than you found it. Take care of family. And the family is extended. I grew up an only child, so my family was my team, it was my neighbors, it was my community. I try to instill that in them. I’m a firefighter. My wife is a nurse. So, community is really important to us. So, be pillars of their community, and just take care of people.
It’s great that Kingston is a potential top-10, top-5 pick. But when people stop me and say, ‘I met your son and he’s one of the humblest kids I know.’ Or someone told my wife at the [NCAA] tourney that Kingston is the one person that always made sure that the women reporters or the younger reporters got their questions in because they’re getting bullied, and the older reporters won’t let them get their questions in. And he’ll always make sure they do. I raised a good human.
What do you think is the perception and reality of Black fatherhood?
There’s the age-old stereotype that we’re not present. I’m always going to be here. Being a firefighter affords me that. I have a hectic schedule, but it gives me a lot of days off. I try to be at everything that I can. We started a [AAU basketball] team. Kingston grew up in a neighborhood team. We have a 12-passenger van, and it was literally so we could take everybody around.
I have five kids, and it’s a lot. But we’ve driven that van to [Las] Vegas twice. To Atlanta three times. But it’s just [transporting] the community. I’m a present Black father and I want them to see that.
What came to mind when you learned that Father’s Day was two days before the draft?
I would love for the draft to be on Father’s Day. That would be a great culmination to everything we’ve done. We’ve been doing this since [age] three or four. Kingston was in kindergarten shooting 500 shots a day. And we’ve been to the gym with his sister and the older brother, and now I’m getting the younger two girls there. But it’s just to see all his hard work and he finally reached his goal. This was always his goal. And for my kids, my job is to help them accomplish their goal.
It’s never about what I want. I make them write their goals down, and then I’m going to hold them to it. Short-term. Long-term. And we’re going keep going. And we’ll reevaluate those goals. But this is one goal that never changed for him from when he was a little boy. ‘I want to be in the NBA…’ He never changed, and so to see him like achieve that and know that I was able to actually help him achieve that, I did my job.
How do you envision NBA draft day?
You made it to this goal. So, a lot of laughs, a lot of love, a lot of hugs. We’ll enjoy it as a family because everybody sacrificed for this. His brother is his manager and he drives me crazy. And mom is there always to balance me out. And sister [Bella] is always there. Those two, they’re watching each other’s games, they’re evaluating, they’re giving pointers to each other. Everybody went into this. So, it’ll be great. And then the next day, we’ll sit down and we’ll write down some new goals.
Your last name is gonna be running up and down the court in the NBA. What will it be like to see your last name on your son’s back in the game? How much pride do you have in it?
Immense pride. I’m a goal-oriented guy. And this was your goal, and I felt like I did my job as a dad. You achieved your dream. And my daughter ]Bella), she wants to be on ESPN someday and maybe one day she’s interviewing him on the sidelines. They’re taking my name into rooms and arenas that are so beyond me or anything I could have ever done. So just proud. I feel accomplished that I did my job, whatever it was.
If an NBA team were to ask you why should we draft your son, what would you tell them?
He’s hard-working, he’s loyal, he’s a family oriented person. The day you draft him, you become family. And he’s his father’s son. He’s going to do anything for family. I lay down my life for people I don’t know. And Kingston extends himself for anything, for the team. And he’s going to do whatever the team needs him to do to win. That’s family. And that’s who he is.
If Kelvin Sampson asked him to drive the ball, he doesn’t shoot a lot of threes. If Kelvin says, ‘D, I need you to guard this guy. I need you to rebound more.’ Whatever you need him to do to win, he wants to win, he wants to be wherever he’s drafted for the remainder of his career. And he wants to leave that room better than he found it.
In terms of the NIL, the new, still-evolving college basketball landscape, to social media, as a father how did you navigate that?
Social media was a harder navigation. Just trying to teach them not to be like their friends. You got to be different and keep reinforcing it, reinforcing it, reinforcing it to hopefully they see the bigger picture. As far as NIL, honestly, not that big a deal. Neither he nor his sister knew how much money they were going to get. So, we purposely didn’t allow him into any of those meetings.
He made his decision based on what he felt was the best for him. He eventually had to sign his contract. I was hoping that Sampson and [the coaching staff] could not show it to him. But obviously, he had to sign it. He signed the contract maybe a week before he went to school. But we don’t let money factor into their decision-making skills.
What does Father’s Day mean to you?
It’s a day where I’m supposed to be celebrated, and that’s not really my style. I’m really low key behind the scenes. Honestly, all I ever want to do in that day is just get everybody together and we sit and eat. But it swells my chest up with pride that I created this family.
I was the only child. Single mother. My mom was in the military but grew up in [New] Jersey for the most part, just kind of was home by myself a lot. And so, my friends and neighborhood was the family that I hung with. My best friend, Kingston’s godfather, grew up across the street from me. But to see that I created these amazing humans, that’s my proudest accomplishment.
What specific lessons did you instill in him?
First, be a good human to everybody you meet. You need to walk in and you need to not just shake the GM’s hand and the governor’s hand, but you need to know those attendants. You need to know the people who clean up. You need to know the person who washes your uniform and you need to treat them with the same level of respect. As far as accomplishments in the NBA, there is nothing you can’t do as long as you’re willing to sacrifice for it.
So, regardless of what anybody may say, ‘This person’s better. You can’t do this or that?’ How hard are you willing to work for it? Whatever spot you want, whatever minutes you want, whatever role you want, you just got to set your mind, write your goals, reverse engineer from there, and that’s your blueprint — your map, rather — to get to that destination.
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