General Terms

Welcome to our website (“Website”).

 

1. Introduction

1.1       Tennis Anywhere  (“TA” or “we” or “our” or “us”) is the owner and operator of this Website. TA, via our Website, provides functionality for tennis and other sports aficionados to coordinate pick-up games and other events with players at similar skill levels.

 

1.2       Your use of TA’s products, software, services, servers and Website (referred to collectively as our “Service” in this document) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and TA, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.

 

1.3      PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCURRS.

 

2. General Terms

2.1       The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including the public at large (“Users”). If you register on our Service then additional terms and conditions will apply (“Registered User”).

 

2.2       The General Terms contained herein are included by reference in the subsequent agreements entered into between TA and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to the General Terms and to any agreement entered into between a Registered User and TA that includes the General Terms by reference.

 

2.3       Our Service includes all pages on our Website's domain (www.tennisanywhere.net) and all pages on any related sub-domains, all of which are controlled by this Agreement.

 

3. Acceptance and Modifications

3.1       TA reserves the right to change or revise this Agreement at any time by posting a notification on our Website. TA, at its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.  

3.2       You are required to affirmatively accept this Agreement when becoming a Registered User by reading this Agreement and clicking “I Agree.” As a Registered User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. TA maintains a record of acceptance for each Registered User, including the version of this Agreement accepted by you whenever you click “I Agree.”

3.3       TA will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.

 

4. Eligibility

4.1       TA requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 13. It is intended solely for the use of our Registered Users interested in tennis and/or other sports. Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.

 

4.2       By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service as intended, consistent with the terms and conditions herein. Registration for any other purpose violates this Agreement and is strictly prohibited. By registering on our Service you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement, either on your own behalf or on behalf of an entity you represent. If you are under the legal age and 13 years old or over, then you parent or guardian must register on your behalf.

 

5. Account Registration

5.1       As a Registered User you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service and you agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.

 

5.2       As a Registered User you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact that TA may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper verification.

 

5.3       Registration on our Service requires you to establish security credentials that allow you access to your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should TA deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials.

 

6. User Content

6.1       You retain all ownership rights to content which you are the lawful owner or licensee of (“User Content”) and which you make available to our Service via whatever mechanism our Service provides, excluding such items defined as Transmissions herein and subject to any other rights granted to TA under this Agreement.

 

6.2       User Content means content provided by a Registered User to our Service. For example, User Content may include, but is not limited to, files containing photos and media of various kinds that a Registered User chooses to make available to our Service.

 

6.3       By submitting User Content to our Service, you grant TA a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, display, excerpt (in whole or in part) and distribute your User Content within our Service to the extent required to accomplish Service objectives.

 

6.4       In addition, the license you grant includes rights that allow TA to create derivative works, or incorporate your User Content into other works, as TA sees fit, in its fulfillment of Service objectives. The license expires upon termination of this Agreement unless there remain pending Service objectives, in which case the license does not expire until completion, or final resolution, of same. You acknowledge and agree that TA may retain archived copies of User Content for purposes related to our internal operations, including but not limited to, our compliance with applicable law.

 

6.5       You represent, warrant, and guarantee that you have the full right, ability, and authority to make User Content available on our Service. You further represent, warrant, and guarantee that by making available User Content on our Service you are not violating any obligation owed by you to a third party, including without limitation obligations of confidentiality, privacy, attribution or intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.

 

7. Limited License

7.1       All content on our Service, except for User Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Information”), are the property of TA or its licensors with all rights reserved.

 

 7.2      If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.

 

7.3       As pertaining to all the Information, except for User Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.

 

7.4       Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.

7.5       Absent prior written consent from TA, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from TA, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.

7.6       Unless expressly stated in this Agreement, or in a subsequent agreement entered into by TA and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.

7.7       The TA limited license is revocable at any time without notice and with or without cause.

 

8. Transmissions

8.1       As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to TA, other than User Content. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.

8.2       TA has the right, but not the obligation, at its sole discretion, to review any Transmissions using our Service and to edit or delete any Transmissions that violate any part of this Agreement.  You hereby consent to TA’s collection and use of such Transmissions in accordance with TA's then current Privacy Policy and acknowledge that submitting Transmissions to our Service creates no financial or fiduciary relationship between you and TA.

8.3       By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to TA. Accordingly, TA shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you.  By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.

 

9. Indemnification

9.1       You agree to defend, indemnify, and hold TA, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

9.2       TA acknowledges and agrees that the indemnification sought in 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.

 

10. Limitations of Liability

10.1    IN NO EVENT SHALL TA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF TA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2     APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, TA'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO TA IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.

 

11. DISCLAIMER

11.1     YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND THAT TA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. TA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2     BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:

(1)       THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;

(2)       TA DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND

(3)       TA DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

11.3     TA MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES OR FUNCTIONS. TA RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.

11.4     UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY TA’S ENDORSEMENT OR SPONSORSHIP THEREOF.

 

12. Links

12.1     Our Service may include hypertext links to other websites over which TA has no control. TA makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.

12.2     You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against TA regarding such websites and must adhere to the usage and privacy policies governing such sites. TA’s usage of links does not imply our endorsement, or sponsorship, of any such websites.

 

13. Intellectual Property Rights of Third Parties

13.1     TA respects the intellectual property rights of others and requires a Registered User of our Service to do likewise. TA prohibits a Registered User from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party’s intellectual property rights.

 

13.2     TA has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein.

 

13.3     TA will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on our Service then you may send a written notification of such infringement to our Designated Agent as set forth below.

 

13.4     TA has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Service. You must submit all such notifications, in a manner consistent with the DMCA, to TA’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Service then you must send a counter notification to TA’s Designated Agent in a similar DMCA compliant manner.

 

Send all DMCA compliant notifications to:

 

Content Provider: Tennis Anywhere

Designated Agent: C/O, Privacy Officer

Phone: 800-516-7903

Fax: 800-257-9128

Email:  info@digitalbusinesslawgroup.com

 

14. Trademark

14.1     All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.

14.2     Whether or not specifically designated as such, tennisanywhere.net and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of TA or its affiliates.

14.3     Absent prior written consent from TA, you may not copy, imitate, or use any portion of these marks.

 

15. User Conduct Restrictions: Impermissible Use and Activities

15.1     You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another Registered User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) is pornographic, sexually explicit, or indecent; (7) contains a virus or surreptitious code; (8) contains any type of commercial component or advertising other than as allowed by TA’s service; or (9) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.

 

15.2     Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) engage in any behavior likely to cause harm to TA, our Service, its Registered Users, or to the public at large.

 

16. Data Collection

16.1     Your Transmissions are subject to TA’s Privacy Policy. By using our Service you agree to review TA’s Privacy Policy and to be bound by its terms and conditions.  From time to time TA may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Service, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes.

 

16.2     TA does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that TA has inadvertently collected such information, please contact TA at Tennis Anywhere. TA will take immediate steps to remove such information from our Service and from any databases under TA’s control.

 

17. Governing Law

17.1     The laws of the State of Georgia, United States of America shall govern this Agreement, as well as TA’s Privacy Policy, notwithstanding any principles of conflicts of law.

17.2     You agree that any action at law or in equity arising out of or relating to this Agreement or TA’s Privacy Policy, other than those disputes or claims subject to Arbitration as enumerated below, shall be filed only in state or federal court located in the State of Georgia, in a venue most proximate to Marietta, Georgia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

 

18. Arbitration

18.1     Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Georgia. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.

18.2     Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and TA jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.

18.3     In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.

18.4     The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.

 

19. Termination

19.1     Either you or TA may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and by providing a termination notice to TA at Tennis Anywhere. TA may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.

19.2     Should you or TA decide to terminate this Agreement then TA will prevent access to your Account on our Service. TA agrees to make a good faith effort to resolve an outstanding dispute between TA and a Registered User, if any exist, prior to termination. TA, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.

19.3     You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.

 

20. Severability

If any portion of this Agreement or of TA’s Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

 

21. Entire Agreement

This Agreement contains all of the terms and condition agreed to by you and TA with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.

 

22. Definitions and Constructions

Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and other similar terms are deemed to include the term "without limitation" immediately thereafter.