TENNISRACKET.ME TERMS OF USE

Thank you for using TennisRacket.me.com (together with any other services the Company may make available, the “Site”). TennisRacket.me3 (“Company”, “us”, “our”, or “we”) owns and operates the Site and provides it to you subject to your acceptance of this Terms of Use (the “Agreement”), which constitutes a legally binding contract between you and the Company.  By accessing, registering for, or using the Site in any way, you agree to be bound by this Agreement in full and without modification. You also agree to be bound by our Privacy Policy, which may be accessed through the Site.

We reserve the right to modify or replace this Agreement at any time and without notice by posting the revised version of the Agreement on the Site. Users will be emailed notification upon modification of this Agreement. Your continued use of the Site after being sent such a notice will constitute your agreement to be bound by the new Agreement in full and without modification.

 

  • User Accounts
  • In order to access all of the features of the Site, you must register an account via Facebook registration or our alternative form on Slide 1 of the survey.
  • By registering for a User Account, you represent and warrant that:
  • you are at least eighteen (18) years of age or older and possess the legal capacity to enter into contracts;
  • all information you submit to the Site is, and will at all times be kept, accurate and complete; and
  • you have the legal authority to submit all information and content that you actually submit to the Site;
  • you will keep your login credential confidential at all times.
  • We may at any time, in our sole discretion, with or without cause, and with or without notice, terminate these Terms, your User Account, or your access to the Site. Upon any such termination we will promptly pay you any amounts we reasonably determine are owed to you by the Company. You may cancel your User Account at any time by using the contact us form and emailing us your request to cancel.  YOU AGREE AND ACKNOWLEDGE THAT, IF YOUR USER ACCOUNT IS TERMINATED FOR ANY REASON, YOU WILL PERMANENTLY LOSE ACCESS TO ALL SWEEPSTAKES AND CONTEST ENTRIES.
  • Conduct Guidelines
  • You agree not to use the site to transmit, or otherwise share with other Users, anything which (a) contains nudity, sexually graphic content, illegal material, or material that is otherwise deemed unacceptable by the Company, (b) contains threatening, abusive, harassing, defamatory, libelous, invasive, or hateful material, or (c) anything which violates the rights, including intellectual property rights, of any other person.
  • You agree not to data-mine, utilize spiders or robots, or use any methodology to catalog or image any portion of the site or disrupt service.
  • Intellectual Property
  • The Company expressly reserves the right to all of its intellectual property, including copyrights, trademarks, trade dress, and patents, whether or not registered. No license, assignment, or sale of any of the Company’s intellectual property has been made to you and you will not use any of the Company’s intellectual other than those expressly permitted in this Agreement.
  • You acknowledge and agree that Site Content may include intellectual property owned by the Users and you agree not to share, copy, transmit, sell, or in any other way distribute any such intellectual property without the express permission of the applicable User.  
  • You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense any material you post to the Site other than Confidential Material.
  • You represent and warrant that, if you have created a User Account, you will not under any circumstance own (in part or in whole), create, design, or assist any business, service, product, company or other enterprise that competes directly with the Site. If you violate this Section 6(d), the Company shall be entitled to injunctive relief in addition to any other relief to which the Company may be entitled by law or contract.
  • Limitation of Damages; No Warranties; Indemnification
  • THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “WHERE IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
  • THE COMPANY DOES NOT ENDORSE, GUARANTY, OR WARANT ANY INFORMATION PROVIDED BY EXPERT USERS, INCLUDING SITE CONTENT. USERS AGREE TO RELY ON SITE CONTENT AT THEIR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE SITE CONTENT OR STATEMENTS OF EXPERT USERS OF THE SITE.
  • YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, YOUR PROVISION OF SERVICES THROUGH THE SITE, OR YOUR INTERACTION WITH ANY OTHER USERS OF THE SITE.
  • IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR YOUR USE OF THE SITE EXCEED $200. THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION 7 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF FORMATION OF THIS AGREEMENT.
  • Disputes
  • Any dispute or claim arising out of or relating to this Agreement or your use of the Site shall be brought exclusively in the state of federal courts of Sonoma County, California. This Agreement shall be interpreted and governed in all respects by California law, without regard for the conflict of laws.
  • YOU EXPRESSLY AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY GROUP OR CLASS ACTION LITIGATION AS IT RELATES TO THIS AGREEMENT OR YOUR USE OF THE SITE.
  • Notwithstanding the terms of this Section 8, each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction to prevent (1) the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights or (2) actual or threatened tortious interference with a business relationship or contract.
  • General Terms
  • The Company may provide you with messages regarding the Company, the Site, or its business partners via email or SMS message. You hereby expressly consent to receive such messages, and further agree that by registering for the Site, you have electronically signed your name agreeing to such.
  • This Agreement, coupled with the Privacy Policy incorporated herein by reference, comprises the complete and entire agreement between you and the Company regarding the use of the Site and any services of the Company. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect to the maximum extent allowed by law.
  • Any delay or failure of the Company to exercise or enforce any portion of this Agreement shall in no way constitute acquiescence or a waiver of rights.
  • Notice may be sent to the Company through the contact form on the Site.  

 

 

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