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Terms
& Conditions of TennisMates.com
Please
review the following terms of service carefully. The terms of
service posted on the day of use govern all use of
TennisMates' services. Our site is only for individuals 13
years of age and older.
1. Registration Process: You can begin using our site
by filling out our online registration
form. By registering
with us, you agree to provide accurate and current information
about yourself and to update that information if it changes.
2. Email Products Selection: Soon to come.
3. Levels of Membership: TennisMates currently offers
one free membership level: Memberships (which is free to all
registered visitors) are available to everyone.
All members may:
- Post
their name in all relevant areas;
- Search
for friends;
- View
the various member directories including browsing other
areas;
- Read
message board postings (Coming Soon!);
- Play
games (selection will vary);
- View
our exclusive areas (Coming Soon!);
- Receive
emails from other players
- Receive
class-specific information on tennis;
- Participate
in Private Groups (Coming Soon!);
4. Payment Information:
Offers Vary: All service is currently free, we do not
ask for any credit card information or anything.
5. Privacy: In general, TennisMates does not rent or
sell your personal information. We may provide your personal
information to the police or other investigating agencies to
assist them in the investigation of any suspected violations
of law. We also have the right to share your name and contact
information with our attorneys in the event of serious
violations of conduct. These terms apply to California Law.
6. Member Conduct: Although we have no obligation to
screen or edit information that is posted or shared by
members, we reserve the right to remove any objectionable
information, at our discretion, without notice.
You agree to:
- Follow
all local, state, national and international laws and
regulations.
- Take
responsibility for all acts that occur under your account
or password, including any content transmitted or
broadcast from your account.
- Maintain
the confidentiality of your password and login identity.
- Comply
with all intellectual property and other proprietary
rights laws, including but not limited to federal
copyright and trademark laws, in the use of the site and
in making your personal profile and submissions of
stories.
- Provide
only accurate and appropriate personal information about
yourself. Please do not post sexually explicit language.
You agree to keep your personal information posted on the
site within the convention of good taste. We do not review
the directory or individuals' profiles looking for
inappropriate material, but if it is brought to our
attention, we will require that you revise or delete the
inappropriate information. We have the right to request
edits or make edits to your personal information at our
discretion.
- Avoid
postings to our workplace section that would be a
violation of your employer's policies.
You
agree NOT to:
- Use
incognito names when registering or communicating on our
site.
- Use
your access to TennisMates for any commercial purpose with
the exception of professional planning of a class reunion
(for this purpose, you must obtain written permission from
our Reunion department - http://www.TennisMates.com/reunion/proplanners/).
- Send
junk mail to our members or solicit our members for
commercial purposes.
- Post
your email address anywhere on the site including your
member profile or on any message posts. TennisMates'
primary source of revenue comes from our belief that if we
create a great thing, the sponsors will assist us in
making this site a success for all.
- Post
your phone number or addresses. You can be contacted by
your friends via TennisMates' "IM" service
(Coming Soon!). Once two members are connected, you can
share your personal information (email address, phone
number, etc.) directly with the person contacting you if
you so choose.
- Republish
information found in the site without first obtaining
written permission from TennisMates.
- Post
any false, misleading, slanderous, libelous, or inaccurate
information about others on our site. In the event you do,
we have the right to release your identifying information
to the police, our attorneys or the individual you
mentioned in your posting so that they may take action
against you. A few individuals have abused their
membership privileges in the past and they are hereby
notified that we will not tolerate slanderous postings.
- Post
or forward any confidential correspondence from
TennisMates.
- Post
any material that is not entirely your own or for which
you do not have full rights to use.
- Delete
or otherwise revise any material posted by any other
person.
- Use
any device, software, or routine to interfere (or attempt
to interfere) with the proper working of TennisMates' Site
or any activity being conducted on this Site.
- Post
insider information or corporate trade secrets.
- Post
inaccurate or deceptive information about yourself, others
or your employer.
- Post
threats of bodily harm or any other illegal activities.
- Take
any action that imposes an unreasonable or
disproportionately large load on this Site's
infrastructure (including without limitation,
"flooding," "spamming," "mailbombing,"
or "crashing" the Site).
Other
important rules:
- TennisMates
reserves the right to modify, suspend or terminate access
to the site at any time without notice or refund if you
are suspected of violating any of these Terms of Service.
We also reserve the right, on occasion, to require you to
change your login name and password.
- Swearing,
obscenities, and inappropriate behavior (as solely
determined by TennisMates) on bulletin or message boards,
chat rooms, or otherwise on the site will not be
tolerated, and your membership will be immediately
terminated if we determine that you have participated in
such behavior on the site.
7.
Abuse of Conduct:
Reporting abusive conduct: Please contact us at TMabuse@intrawork.com
in the event you need to report abusive conduct. Although we
have no obligation to police the site, we do try to remove
content that is clearly inappropriate when it is brought to
our attention.
Consequences for abusive conduct: In the event you
violate these Terms of Service, TennisMates has the right to
terminate your account without refund. In the event of a
serious violation (as solely determined by TennisMates)
TennisMates may also file suit against you for business
interference or other appropriate legal theories and we will
seek compensation from you for potential damage to our
reputation caused by your actions. TennisMates has the right
to eliminate any Private Group suspected of violations of the
law or our Terms of Service. TennisMates will cooperate with
the authorities on any said suspected violations.
8. Content Rights: Please do not copy content from our
site without our permission. This site (TennisMates.com), and
all of the content of the site, is protected by intellectual
property and other laws throughout the world, and is the
copyrighted property of TennisMates Online, Inc.
("TennisMates") and/or its various third party
licensors. None of the content found on this site may be
copied, reproduced, republished, distributed, sold, licensed,
transferred, distributed or modified without the express
written permission of TennisMates. Unauthorized use of the
site would be a violation of TennisMates' and its licensors'
rights. In addition, the trademarks, logos and service marks
displayed on this site (collectively, the
"Trademarks") are the property of TennisMates, its
affiliates, and various third parties. The site and the
software incorporated in the site may not be reverse
engineered, decompiled or disassembled.
9. Personal Information and Submissions: By submitting
your personal, reunion and related information to us, you are
thereby granting to TennisMates a royalty-free, worldwide,
nonterminable, exclusive license to use this information and
your exact words and photos (and excerpts and edited versions
of your submissions) in all media now known or hereinafter
developed, and in promotions, and to sublicense and transfer
this right to third parties, and you waive all claims against
TennisMates for any violations of copyright, rights of
privacy, publicity, and defamation or other personal torts
arising from TennisMates' use of the information in such
media. No payments shall be due to you for such grant of
rights, and you may or may not receive credit as the author of
such works in any use of them.
10. Disclaimer of Warranties: EXCEPT AS SPECIFICALLY
PROVIDED IN THIS PROVISION, THE SITE AND ITS CONTENT ARE
PROVIDED "AS IS" AND TENNISMATES DISCLAIMS, AND YOU
WAIVE, ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION RELATED TO THE SITE AND ITS
CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USAGE OF TRADE. THE FUNCTIONS,
MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE
UNINTERRUPTED OR WITHOUT ERROR, AND TENNISMATES AND ITS
PROVIDERS DO NOT WARRANT THE ACCURACY, CURRENCY OR RELIABILITY
OF INFORMATION ON THE SITE. YOU ASSUME THE ENTIRE RISK AND
COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE
DUE TO THE USE OF THE SITE. This disclaimer of warranty may
not apply to all users.
11. Limitations of Liability & Remedies: YOUR USE
OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. TENNISMATES, AND
TENNISMATES'S DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS,
AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE
OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING,
BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH
YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE OF
THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS
OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS
EVEN IF TENNISMATES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSS. Your sole and exclusive remedy for any
breach of this agreement by TennisMates shall be a refund of
the fees paid for membership. TennisMates is not responsible
for, and shall have no liability with respect to, the content
of third party Web sites that are linked to or from the site.
TennisMates is not responsible for the user generated content
on the site. Some states do not allow the exclusion or
limitation of liability to the extent set forth herein;
therefore, this provision may not apply to every person as
written.
12. Customer Warranties & Indemnification: You
warrant and represent that
- You
shall abide by all the terms and conditions of this
agreement;
- You
are of sufficient legal age to use this site and to create
binding legal obligations for any liability you may incur
as a result of the use of this site;
- You
will not take any action which would derogate TennisMates'
or its licensors' rights in and to their intellectual
property or content;
- You
will not infringe on the copyrights of any third parties;
- You
will not violate any laws in your use or postings of
information on the site; and
- You
will not interfere in the business of TennisMates by
posting information that violates the rules outlined above
or by attempting to divert traffic from the Site. You
shall indemnify and hold harmless, and at TennisMates'
request defend, TennisMates, its directors, officers,
shareholders, employees, agents, affiliates and owners
(each, an "Indemnified Party") from and against
any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including
reasonable attorneys' fees, an allocation for in-house
counsel, and other legal costs) arising out of any claim
of any third party resulting from any breach of your
representations, warranties or covenants set forth in this
agreement. You shall reimburse each Indemnified Party on
demand for any costs, expenses and liabilities incurred by
such Indemnified Party to which this indemnity relates.
13.
Links to Other Sites: The site may contain links to other sites. TennisMates does not
endorse any other site and is not liable for any loss or
damages related to the content, products or services available
through those sites. If you have any problems or concerns
regarding other sites, please contact their site administrator
or Web master directly.
14. Changes to Site & this Terms of Service:
TennisMates reserves the right to discontinue, delete and
change the content or purposes of the site from time to time.
TennisMates also reserves the right to change the Terms of
Service. The Terms of Service in effect at the time of your
use shall govern your use of the site.
15. Choice of Law & Venue: This Agreement shall for
all purposes be governed by and construed in accordance with
the laws of the State of Washington, United States of America,
applicable to contracts negotiated and fully performed within
that State, and the parties agree to submit to the exclusive
jurisdiction of the courts of the State of Washington in any
action brought to enforce or arising out of this Agreement.
Notwithstanding the foregoing, TennisMates shall have the
right to commence and prosecute any legal or equitable action
or proceeding before any Unites States or non-United States
court of competent jurisdiction to obtain injunctive or other
relief in TennisMates' sole discretion.
16. Miscellaneous Terms:
- No
Partnership/Assignment. Our relationship is not one of
agency or partnership and you will not be deemed to be a
partner, employee, fiduciary, agent or representative of
TennisMates by your use of the site. You may not assign or
transfer your rights to any third party.
- Severability.
These terms are severable. In the event that any provision
is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any
other remaining provisions.
- No
Waiver. Failure to enforce a term of this agreement shall
not be deemed a subsequent waiver of that term or other
terms.
- Termination
of Membership Permitted. The license granted in this
agreement shall terminate automatically without notice
from TennisMates if you fail to comply with any provision
of this agreement. TennisMates may terminate a free
membership at its sole discretion.
- Headings
of No Effect. The headings in this agreement are used for
convenience only and not for interpretation.
- Entire
Agreement. This agreement is the entire understanding
between us regarding your access to, license and use of
the site and its content and supersedes any prior
agreements, statements or representations with respect to
the same.
We
sincerely hope you enjoy your use of the TennisMates.com site.
Please understand that these rules help protect the integrity
of the information for all of our members.
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