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Terms of Service

Terms of Service

Welcome to e-tenniscommunity! E-tenniscommunity is a site that provides helpful tools for both club members and tennis professionals. Members can find other members to play with, participate in a ladder, and see what clinics or events are happening in the area. And tennis professionals can create events, ladders, and player performance evaluations as well as download videos. By using the e-tenniscommunity service you accept and agree to be bound by the following conditions (Terms of Service) and where applicable under law, these Terms constitute a 'writing signed by you'.

Changes to E-tenniscommunity and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the website at anytime without notice. Any changes made will be posted to the Terms of Service Page. Registered members may receive email notification explaining the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MAY REMOVE YOURSELF FROM THE e-tenniscommunity service. YOUR CONTINUED USE OF THE e-tenniscommunity service CONSTITUTES YOUR BINDING ACCEPTANCE OF THE CHANGE.

Eligibility and Registration

If you are 16 years of age or older you can register for the e-tenniscommunity service. If you are under 16 years of age you must be registered by a guardian. By registering for the e-tenniscommunity service, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be an e-tenniscommunity member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content

E-tenniscommunity is made available for your personal, non-commercial use only. You may not use the e-tenniscommunity for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the e-tenniscommunity service. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does E-tenniscommunity have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the e-tenniscommunity service.

Conditions For Use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the e-tenniscommunity service. By way of example, and not as a limitation, you agree NOT to:

  • Defame abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
  • Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
  • Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
  • Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by E-tenniscommunity.
  • Create a false or misleading identity of, including, but not limited to, a E-tenniscommunity employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  • Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots,v computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Use the e-tenniscommunity service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
  • Attempt to gain unauthorized access to the e-tenniscommunity service, other accounts, computer systems or networks connected to the e-tenniscommunity service, through password mining or any other means.
  • Modify, adapt, translate, or reverse engineer any portion of the e-tenniscommunity service, or use any robot, spider, sitesearch/retrieval application, or other device to retrieve or index any portion or the e-tenniscommunity service.
  • Reformat or frame any portion of the web pages that are part of the e-tenniscommunity service.
  • Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the e-tenniscommunity service.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Interfere with another Member's use and enjoyment of the e-tenniscommunity service.
  • Harvest or collect email addresses or other contact information of Members, including usernames, from the e-tenniscommunity.com website by electronic or other means.

Proprietary Rights

E-tenniscommunity does not claim any ownership rights in any Materials that you submit, post, or display on or through the e-tenniscommunity.com Web site. After submitting, posting or displaying Materials on or through e-tenniscommunity.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through e-tenniscommunity, you hereby grant to e-tenniscommunity a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through e-tenniscommunity service. e-tenniscommunity, LLC own and retain all rights of the e-tenniscommunity Web site, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the e-tenniscommunity service by e-tenniscommunity.com. Except as expressly authorized by e-tenniscommunity, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of e-tenniscommunity proprietary information. 'e-tenniscommunity' and 'e-tenniscommunity.com' are trademarks of e-tenniscommunity.

Privacy Policy

  • Your privacy remains under your control
  • You can end at any time your membership by accesing your profile under "Account Settings"
  • We do not disclose any information to third parties that would make you personally identifiable. This includes your email address or any contact information.
  • We do not spam

Use and Disclosure of Information

We will display your personal information on your profile according to the preferences you set. We will use your email address to contact you from time to time with new information/features or for security reasons to confirm you are who you say you are. Our advertising and promotions partners have no access to your name, email or personal contact information stored by e-tenniscommunity unless you choose to share it with them. E-tenniscommunity does not provide your name, email address or personal contact information to any advertising partners when you view a targeted advertisement. We will disclose your personal identifiable information only if we believe we are required to do so by law, government authorities or to protect our rights and property including law enforcement agencies in any official investigation.
We reserve the right to transfer your personal information in the event of a transfer of ownership of e-tenniscommunity, such as a merger with another company. If an acquiring company should plan to materially change this privacy policy will notify you beforehand.

     By using e-tenniscommunity you agree to our privacy policy

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. E-tenniscommunity respects the intellectual property rights of others and will terminate any user's access to the gete-tenniscommunity.com website according to these terms of use if E-tenniscommunity is notified that such user's activities infringe the rights of third parties on more than one occasion.

Internet Access

E-tenniscommunity shall not be responsible for any connection or access to the e-tenniscommunity.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the E-tenniscommunity website via the Internet, access charges thereon. You recognize that E-tenniscommunity shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the E-tenniscommunity.

Advertisements

  • Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on or made available to the Services.

API Terms

Any use of the application programming interface (API) is bound by the terms of this agreement plus the following specific terms:

  • Abuse or excessively frequent requests via the API may result in the temporary or permanent suspension of access to the API. E-tenniscommunity determines abuse or excessive usage of the API at its sole discretion.
  • E-tenniscommunity reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. E-tenniscommunity especially reserves the right to limit the number of requests via the API to a certain upper limit per time interval.
  • E-tenniscommunity reserves the right to at any time transform the API into a paid service and start billing for certain or all requests to the API. In such a case, you will be given the choice to discontinue using the API or continue using the paid service.

Disclaimer of Warranties

E-tenniscommunity LLC. and its affiliates, licensors, partners, members, suppliers and employees disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the e-tenniscommunity service.
E-tenniscommunity further expressly disclaims (1) that the e-tenniscommunity service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the e-tenniscommunity service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the e-tenniscommunity service or the content made available as part of the e-tenniscommunity service will be correct, accurate, timely, or otherwise reliable. E-tenniscommunity expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the e-tenniscommunity service input by other Members is correct or accurate. E-TENNISCOMMUNITY, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE e-tenniscommunity service, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE e-tenniscommunity serviceS), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. E-TENNISCOMMUNITY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.


YOU AGREE THAT YOUR USE OF THE e-tenniscommunity service IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at e-tenniscommunity's request defend, e-tenniscommunity, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the e-tenniscommunity service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, e-tenniscommunity will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF e-tenniscommunity service IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL E-TENNISCOMMUNITY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE e-tenniscommunity service, WHETHER OR NOT E-TENNISCOMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE e-tenniscommunity service, FROM INABILITY TO USE THE e-tenniscommunity service, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE e-tenniscommunity service (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE e-tenniscommunity service OR ANY PART OF THE e-tenniscommunity service YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE e-tenniscommunity service AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL E-TENNISCOMMUNITY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF E-TENNISCOMMUNITY OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.

Miscellaneous

Without limiting the foregoing, under no circumstances shall e-tenniscommunity be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and E-tenniscommunity with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

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