Terms of Service
Last Revised: July 2, 2019
Acceptance of Terms.
- These Terms of Service (“Terms”) govern your (“you” or “your”) access to and use of the pickleballtournaments.com website (the “Site”) operated by Pickleball Station, Inc. d/b/a PickleballTournaments.com (“we”, “us”, “our”) and the services made available on or through the Site (collectively, the Site and such Services, the “Services”). Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. If you do not agree with any part of these Terms, then you may not access or use the Services.
- If you are a business entity, then the individual accepting these Terms on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, “you” means the entity) represents and warrants that he or she has the authority to act on the business’s behalf and to legally bind the business to these Terms.
- You affirm that you: (i) are either more than 18 years of age, or an emancipated minor, or have obtained the consent of your parent or legal guardian; (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms; and (iii) are fully able and competent to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, please do not use the Services.
- Changes to Terms. We reserve the right, at any time and from time to time, to amend or modify these Terms without prior notice to you, provided that if any such revisions constitute a material change to these Terms, we will notify you by posting an announcement on the Site or by email to the primary email address on your account (if you have created an account). Unless stated otherwise, any revision to these Terms shall take effect immediately when posted on the Site. By continuing to access or use the Services after any such revision, you agree to be bound by the Terms as revised. For this reason, we encourage you to review the Terms whenever you use the Services. When we revise these Terms, we will indicate the date these Terms were last revised at the beginning of these Terms. If you do not agree to any change we make to these Terms, then you must immediately stop using the Services.
- Accounts. You may be required to register for an account with us. If you register for an account, you agree to provide accurate account information and promptly update such information if it changes. You agree to maintain the security of your account and not share your account access credentials with others, and you will promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you disclose your account access credentials to others, you will remain responsible for any activities they take in connection with your account.
- Communications. By creating an account with us, you agree to receive newsletters, marketing and promotional materials, account information and other information related to the Services we may send. You may opt out of receiving any, or all, of these communications from us, except communications related to your account or any purchase you’ve made, by following the unsubscribe link or instructions provided in any email we send.
- Grant of License to You. We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services solely in compliance with these Terms and any application Additional Terms.
- For purposes of these Terms, the term “Content” includes, without limitation, all information, data, text, photos, images, posts, reviews, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Without limiting the foregoing, Content includes User Content and Tournament Data (each as defined below).
- All Content uploaded, submitted, or distributed on or through the Services by a user (collectively “User Content”) is the sole responsibility of the person transmitting such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk, is provided “AS IS”, and you will be solely responsible for any damage or loss to you resulting from your access to or use of such Content. While not obligated to do so, we may access, review, screen, and/or delete any User Content at any time and for any reason.
- You maintain all ownership rights you may have in any User Content you transmit. However, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute your User Content. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display your User Content in any form and in any and all media or distribution methods (now known or later developed).
- You represent and warrant to us that: (i) you own any User Content transmitted by you on or through the Services or otherwise have the right to grant the rights and licenses with respect to your User Content set forth in these Terms; (ii) the submission and use of your User Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) your submission of User Content to or through the Services will not subject us to liability for any royalties, fees, or any other amounts owing to third parties.
- The Services, in part, facilitate the organization, hosting, operation and promotion of pickleball tournaments. All information, data and materials relating to the organization, hosting, operation and promotion of pickleball tournaments, including without limitation, participant lists, tournament entry and registration information, general administrative tournament information, tournament results, tournament statistics, tournament analytics data, and tournament advertising is referred to herein as “Tournament Data”. You may not copy, download, or reproduce any Tournament Data except to the extent necessary for your participation in or administration of a tournament, and strictly in accordance with these Terms and any applicable Additional Terms. You may not aggregate, compile or make any commercial use of Tournament Data by any means except as expressly authorized in writing by us.
Restrictions on Your Use of the Services. In addition to the restrictions set forth elsewhere in these Terms, you will not, and you will not permit or assist any third party to:
- use the Services other than in compliance with these Terms and applicable laws;
- “frame”, copy, distribute, republish, modify, lease, loan, resell or use the Services or any Content, excluding your User Content, without our prior written consent, except to the extent expressly permitted by these Terms;
- use any spider, robot, scraper, site search or retrieval application, or any other automated device, process or means to access, retrieve or index any portion of the Services or Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, technology or data related to the Services (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law);
- attempt to gain unauthorized access to the Site or any related databases, or attempt to discover the underlying source code or structure thereof;
- attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service;
- access or use the Services for the purpose of developing a competing product or service;
- submit to or through our Services any content or data that is false, misleading, defamatory, illegal or that violates a third party’s rights;
- submit or cause any routine, device or other undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, system or service, to be submitted to or through the Services;
- link to any page of our Site other than the homepage, and then only in a manner that is not false, misleading, derogatory, defamatory, or which suggests any form of association or approval on our part without our express written consent (and we may revoke such right at any time in our sole discretion);
- modify, translate, or create derivative works based on the Services or the Content;
- state or imply that we or any of our licensors are endorsing you or your products or services (or any third party or third party’s products or services);
- use any of our trademarks, service marks or trade names without our prior written consent in each instance of use, including, without limitation, in any “metatag” or within hidden text on any other website; or
- use or access the Services in any way that would reasonably be expected to adversely affect the performance or function of the Services or any of the products or services we provide, or otherwise interfere with the ability of a third party to access the Services.
- If you wish to purchase any product or service made available through the Services (a “Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
- Prices may vary based on your location and other factors, and we reserve the right to change any prices at any time at our sole discretion. Any change, update, or modification will be effective immediately upon posting.
- We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, actual or suspected fraud or illegal transaction, or for any other reason.
- Availability, Inaccuracies and Errors. We are continually updating and improving the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services, and we do not guarantee the accuracy or completeness of any information found on the Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time with or without prior notice.
- Promotions. From time to time, we may sponsor or conduct contests, sweepstakes or other types of promotions (collectively, “Promotions”). Any Promotions may be governed by official rules that are separate from these Terms. To the extent any official rules are inconsistent with these Terms, the official rules will control unless the official rules state otherwise.
- Intellectual Property. The Services and all Content (excluding User Content) are and will remain the exclusive property of Pickleball Station, Inc. d/b/a PickleballTournaments.com and/or its licensors. The Services and Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Copyright Policy (DMCA)
- We respect the intellectual property rights of others. It is our policy to respond to any claim that any material made available on or through the Services infringes the copyright rights of any person or entity.
- If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent, as set forth below. Your notice must provide the following information in writing:
- an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement made under penalty of perjury that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above notice must be submitted by mail or email to our copyright agent at:
Pickleball Station, Inc.
Attn: Copyright Agent
22330 68th Ave S.
Kent, WA 98032
- Under federal law, if you knowingly misrepresent that any online material infringes your copyright, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and reasonable attorneys’ fees.
- Please note that the above procedure is only for notifying us that the copyright in your work has been infringed.
- Third-Party Sites and Services. The Services may contain links to third-party sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, terms, privacy policies, or practices of any third-party sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We advise you to read the terms and privacy policies of any third-party sites or services that you visit.
- Termination. We may terminate or suspend your account and/or suspend your access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may do so by notifying us at: email@example.com. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification provisions, and limitations of liability.
- Indemnification. You agree to defend, indemnify and hold harmless Pickleball Station, Inc. d/b/a PickleballTournaments.com, its licensors, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees), resulting from or arising out of: (i) access or use of the Services by you or any person using your account credentials; (i) your breach of these Terms; and (c) your User Content.
LIMITATION OF LIABILITY.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS EXCEED US $100.00.
- WE WILL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES OR LOST BUSINESS, HOWEVER CAUSED, IRRESPECTIVE OF WHETHER OR NOT YOU OR THE THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATION ABOVE MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS APPLY WITH RESPECT TO ALL LEGAL THEORIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS ALLOCATE THE RISKS BETWEEN US, AND WE HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO MAKE THE SERVICES AVAILABLE TO YOU AND IN DETERMINING WHETHER TO ENTER INTO THESE TERMS WITH YOU.
DISCLAIMER OF WARRANTIES.
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE. WITHOUT LIMITATION THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE SERVICES WILL FUNCTION UNINTERRUPTED, WILL BE SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WITH THE SERVICES WILL BE CORRECTED; (III) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU. THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Waiver. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
- Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
- Force Majeure. We will not be liable to you by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control, including, but not limited to, denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
- Governing Law; Jurisdiction; Venue. These Terms will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles or place of residence. We and you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts of King County, Washington.