TennisCourtOnline.com
Terms of Use
1. Your
Acceptance
IMGA Social Networks, LLC and its subsidiaries and
affiliates (collectively "IMGASN") provides service
to you subject to the following Terms of Use, which may be updated by us from
time to time without notice to you. These Terms of Use constitute a binding
agreement between IMGASN and you governing your use of the Website. By using
and/or visiting the www.TennisCourtOnline.com Website or any
other Websites owned by IMGASN (collectively the "Website"), you signify your
assent to both these Terms of Use and the IMGASN Privacy Policy, which is
specifically incorporated into the IMGASN Terms of Use. You are only authorized
to use the Website if you agree to abide by all applicable laws and to these
Terms of Use. Please read these Terms of Use carefully. If you do not agree to
these Terms of Use, please do not use the Website.
2. Website
Access
IMGASN hereby grants you permission to use the Website as
set forth in these Terms of Use, provided that: (i) your use of the Website as
permitted is solely for your personal, noncommercial use; (ii) you will not
copy or distribute any part of the Website in any medium without IMGASN's prior
written authorization; (iii) you will not alter or modify any part of the Website
other than as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and conditions of
these Terms of Use.
In order to access some features of the Website, you will
have to create an account. You are not allowed to use another user's account
without permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that occurs
on your account, and you must keep your account password secure. You may change
your password at any time by updating your Account Profile page. In addition,
you agree to immediately notify IMGASN of any unauthorized use of your password
or account or any other breach of security. IMGASN cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 2.
By registering with IMGASN, you represent that you are of
legal age to form a binding contract and are not a person barred by any laws
from using the IMGASN Website. You agree to provide true, accurate, current and
complete information about yourself in all required fields of the registration
form. If any of your information changes, you agree to update your registration
information as soon as possible. If IMGASN suspects that your registration
information is not complete, current, or accurate, or that you have otherwise
violated these Terms of Use, your account may be subject to suspension or
termination, and you may be barred from using the IMGASN Website.
You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," or similar technological
devices or programs, that access the Website in a manner that sends more
request messages to the IMGASN servers in a given period of time than a human
can reasonably produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, IMGASN grants the operators of public
search engines permission to use spiders to copy materials from the Website for
the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. IMGASN reserves the
right to revoke these exceptions either generally or in specific cases, in its
sole discretion.
You agree not to collect or use any personally
identifiable information ("Personal Information") including without limitation
account names, email addresses, or other User Submissions (as defined below),
from the Website, nor use the communication systems provided by the Website for
any commercial solicitation purposes, including without limitation to solicit,
for commercial purposes, any users of the Website.
3. The
TennisCourtOnline.com Website
These Terms of Use apply to all users of the Website,
including users who contribute information, ideas, and other materials or
services on the Website. The Website may contain links to third party websites
that are not owned or controlled by IMGASN. IMGASN has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. By using the Website, you specifically release IMGASN
from any and all liability arising from your use of any third-party website.
4. Intellectual
Property Rights
The content on the Website, except all User Submissions
(as defined below), including without limitation, the text, graphics, and
photos created by and for IMGASN, interactive features ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are owned by or
licensed to IMGASN, subject to copyright and other intellectual property rights
under United States and foreign laws and international conventions. Content on
the Website is provided to you AS IS for your information and personal use only
and may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any purpose whatsoever
without the prior written consent of IMGASN or as expressly provided herein.
IMGASN reserves all rights not expressly granted in and to the Website and the
Content contained therein.
You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions (as defined
below) of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained thereon. You
agree not to circumvent, disable or otherwise interfere with security related
features of the Website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Website or the Content
therein.
5. User
Submissions
The interactive nature of postings on IMGASN makes it
impossible for us to assume responsibility for any of the materials posted by
users. The ideas, suggestions, opinions, comments, and observations made by
IMGASN users, and any text, data, photographs, video, music, sound, chat,
messages, files or other material provided to us by users (all of which are
referred to as "User Submissions") are not endorsed by IMGASN, and we make no
guarantee regarding the reliability, accuracy, or quality of any User
Submission that is posted on the Website. You acknowledge that you will
evaluate and bear any risks related to your use of any User Submission,
including any reliance on the accuracy, completeness, or usefulness of such
User Submission. All User Submissions posted to the Website are the sole
responsibility of the person who originally posted the User Submission, and
your sole recourse for any damage you may suffer as a result of User
Submissions shall be to such individual.
You shall be solely responsible for your own User Submission
and the consequences of posting or publishing them. You retain all of your
ownership rights in your User Submissions. However, by submitting the User
Submissions to IMGASN, you hereby grant IMGASN a worldwide, non-exclusive,
royalty-free, sublicenseable, and transferable right and license to use,
reproduce, distribute, prepare derivative works of, display, and perform the
User Submissions in connection with the Website and IMGASN's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the Website (and derivative works thereof) in any
media now known or hereafter developed. The foregoing license granted by you
terminates once you remove or delete a User Submission from the Website.
If you choose to post User Submissions on IMGASN Web
pages, we require that you adhere to generally accepted rules of etiquette and
standards of behavior, and that your use of IMGASN reflects your respect for
the legal rights of users connected with IMGASN. You understand that IMGASN
does not guarantee any confidentiality with respect to any User Submission.
IMGASN expressly disclaims any and all liability in
connection with User Submissions. IMGASN reserves the right to remove Content
and User Submissions in its sole discretion and without prior notice. IMGASN
also reserves the right to terminate a user's access to the Website at any time
in its sole discretion and without prior notice.
6. Rules of
Conduct
The following rules of conduct apply to your use of the
Website and to any and all materials you post on IMGASN, including text, data,
graphics, audio or video content, music, sound, chat, messages, files or other
material (collectively User Submissions) whether the User Submission is
included in blogs, discussion groups, emails, profiles, comments, or any other
portion or feature of IMGASN.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any
User Submission that is libelous or defamatory, pornographic, sexually
explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright,
trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you
are bound due to a contractual or fiduciary relationship (such as inside
information, or proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing,
abusive, threatening, harmful, vulgar, profane, obscene, excessively violent,
racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person's privacy or
publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any
applicable law, statute, ordinance or regulation;
- promotes software or services that deliver
unsolicited e-mail; or
- contains viruses,
Trojan horses, worms, time bombs, cancelbots or other similar harmful
programming routines.
You may not, except with IMGASN's express advance
authorization or in a specially designated area, use the Website to:
- Upload, post, email or otherwise transmit any
User Submission that provides any telephone numbers, street addresses, last
names, URLs or email address; or
- engage in commercial activities within IMGASN;
- harm minors in any way;
- solicit personal information from anyone under
18;
- provide false or deceptive information;
- use IMGASN content to engage in commercial
activities;
- delete, add or otherwise change other people's
entries or other Content when you have not been granted the privileges to do
so; or
- allow usage by others
in such a way as to violate IMGASN's Terms of Use.
7. Copyright
Infringement
IMGASN respects the intellectual property of others, and
we ask our users to do the same. Thus, in your use of and interactions with
IMGASN and the Website, you may not post, modify, distribute, or reproduce in
any way any User Submission that is copyrighted material belonging to others,
without obtaining their prior written consent. This specifically includes the
submission of photos, images, and/or video content. IMGASN reserves the right,
in its discretion, to remove any User Submission if we believe it may infringe
the copyright rights of others, and/or to terminate the accounts of users who
we believe to be infringers.
If you believe that your work has been copied or posted on
the Website in a way that constitutes copyright infringement, you will need to
send a written communication that includes substantially the following (please
consult your legal counsel or see Section 512©(3) of the Copyright Act "Section
512" to confirm these requirements):
1. A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
2. Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that site.
3. Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service provider
to locate the material. Providing URLs in the body of an email is the best way
to help us locate content quickly.
4. Information
reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
5. A
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
6. A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent
as follows:
Complaints:
Tennis Court Online C/O IMGA Social Networks, LLC
5500 34th Street West
Bradenton, FL 34210
Phone: 941-755-1000
Email: support@tenniscourtonline.com
Please also note that under Section 512(f) of the
Copyright Act any person who knowingly materially misrepresents that material
or activity is infringing may be subject to liability.
8. Modifications
to the Website
IMGASN reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Website (or any
part thereof) with or without notice. IMGASN shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Website.
9. Termination
IMGASN may, under certain circumstances and without prior
notice, immediately terminate your IMGASN account and access to the Website and
any other IMGASN services. Cause for such termination shall include, but not be
limited to: (a) breaches or violations of the Terms of Use other incorporated
agreements or guidelines; (b) requests by law enforcement or other government
agencies; (c) a request by you (self-initiated account deletions); (d)
discontinuance or material modification to the Website (or any part thereof);
(e) unexpected technical or security issues or problems; (f) extended periods
of inactivity; (g) engagement by you in fraudulent or illegal activities;
and/or (h) nonpayment of any fees owed by you in connection with the Website or
any other IMGASN product. Termination of your IMGASN account includes: (a)
removal of access to all pages within the Website; (b) deletion of your
password and all related information, files and materials, including User
Submissions associated with or inside your account (or any part thereof); and
(c) barring of further use of the Website. Further, you agree that all
terminations for cause shall be made in IMGASN' sole discretion and that IMGASN
shall not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Website.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMGASN, AND ANY PARENT,
SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, MEMBER, LICENSOR,
DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF IMGASN, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. IMGASN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. IMGASN DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR
OTHER PROMOTION, AND IMGASN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM IMGASN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of
Liability
IN NO EVENT SHALL IMGASN, OR ANY PARENT, SUBSIDIARY,
AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, MEMBER, LICENSOR, DISTRIBUTOR,
SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF IMGASN, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IMGASN SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by IMGASN from its
facilities in the United States of America. IMGASN makes no representations
that the Website is appropriate or available for use in other locations. Those
who access or use the Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
12. Indemnity
You agree to defend, indemnify and hold harmless IMGASN,
and any parent, subsidiary, affiliate, director, officer, employee, licensor,
distributor, supplier, agent, reseller, owner, or operator of IMGASN, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Website; (ii) your violation of any term of
these Terms of Use; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Use and your use of
the Website.
13. Ability to Accept
Terms of Use
You affirm that you are either more than 18 years of age,
or an emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Use,
and to abide by and comply with these Terms of Use. IMGASN is not intended for
children under 13. If you are under 13 years of age, then please do not use the
TennisCourtOnline.com Website.
14. Assignment
These Terms of Use, and any rights and licenses granted
hereunder, may not be assigned, transferred, delegated, and sublicensed by you,
but may be assigned, transferred, delegated, and sublicensed by IMGASN without
restriction.
15. Copyright Notice
The TennisCourtOnline.com Website is © 2008, IMGA Social
Networks, LLC Ð All Rights Reserved and no portion of the Website may be
copied, reproduced, transmitted, derived, or otherwise used for any purpose
without the prior written permission of IMGASN.
16. Trademarks
All of the IMGA Social Networks, LLC
trademarks are owned by IMGA Social Networks, LLC and may not be used for any
purpose without the prior written permission of IMGA Social Networks, LLC.
17. General
If any provision of these Terms of Use is deemed invalid
by a court of competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms of Use,
which shall remain in full force and effect. No waiver of any term of this
these Terms of Use shall be deemed a further or continuing waiver of such term
or any other term, and IMGASN's failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
IMGASN reserves the right to amend these Terms of Use at any time in its sole
discretion and without prior notice, which shall take effect upon posting to
the Website. It is your responsibility to review these Terms of Use for any
changes. Your use of the Website following any amendment of these Terms of Use
will signify your assent to and acceptance of its revised terms. You agree that
any cause of action arising out of or related to the Website must commence
within one (1) year after the cause of action accrues. Otherwise, such cause of
action is permanently barred.
18. Violations of These
Terms of Use
Please report any violations of the Terms of Use,
including objectionable User Submissions or behavior, to support@tenniscourtonline.com. Please state
the reasons for your concern and provide a link to the User Content or, if appropriate,
the behavior in question. Upon receiving such a report of a possible violation,
IMGASN in its sole discretion may investigate the matter and take such action
as IMGASN determines to be appropriate.
19. Updates to Terms of
Use
Terms of Use updated April, 2008.