Courtside Terms of Service
Welcome to Courtside, the first generation tennis networking
site where members can organize matches, book courts and
lessons and stay connected with their friends.
Courtside is owned and operated by Tenniscores Inc. and may be
accessed through the Internet and through Tenniscores.com. By
using the Courtside 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 Courtside and the Terms of Service
We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these Terms of Service at
anytime without notice. If we do this we will post the changes
to the Terms of Service page and may send registered members
an email explaining the change. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE COURTSIDE
SERVICE. YOUR CONTINUED USE OF THE COURTSIDE SERVICE FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR
RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL
CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You must be 16 years or older to use the Courtside Service. By
registering for the Courtside 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 a Courtside 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
The Courtside Service is made available for your personal,
non-commercial use only. You may not use the Courtside Service
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 Courtside 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 Courtside have any obligation to check the accuracy or
truthfulness of the any Materials, nor to monitor any Member's
use of the Courtside 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
Courtside 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 Courtside.
- Create a false or misleading identity of, including,
but not limited to, a Courtside 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 Courtside 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 Courtside
Service, other accounts, computer systems or networks
connected to the Courtside Service, through password
mining or any other means.
- Modify, adapt, translate, or reverse engineer any
portion of the Courtside Service, or use any robot,
spider, sitesearch/retrieval application, or other
device to retrieve or index any portion or the
Courtside Service.
- Reformat or frame any portion of the web pages that
are part of the Courtside 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 Courtside
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 Courtside Service.
- Harvest or collect email addresses or other contact
information of Members, including usernames, from the
getcourtside.com website by electronic or other
means.
Proprietary Rights
Courtside does not claim any ownership rights in any Materials
that you submit, post, or display on or through the Courtside
Services or on the getcourtside.com Web site. After
submitting, posting or displaying Materials on or through the
Courtside Services or on the getcourtside.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 the Courtside Service, you hereby
grant to Courtside a limited license to use, modify, publicly
perform, publicly display, reproduce, and distribute such
Materials solely on and through the Courtside Service.
Tenniscores, Inc. and its affiliates and licensors own and
retain all rights in the getcourtside.com Web site and
Courtside Service, 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
Courtside Service by getcourtside.com. Except as expressly
authorized by Courtside, you may not copy, modify, publish,
transmit, distribute, perform, display or sell any of
Courtsides proprietary information. 'Courtside' and
'getcourtside.com' are trademarks of Tenniscores, Inc.
Privacy Policy
We take your privacy very seriously and collection and use of
personal information is governed by our Privacy Policy. Click
here to review the Courtside 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. Courtside respects the intellectual property rights of
others and will terminate any user's access to the
getcourtside.com website according to these terms of use if
Courtside is notified that such user's activities infringe the
rights of third parties on more than one occasion.
Internet Access
Courtside shall not be responsible for any connection or access
to the getcourtside.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 Courtside website via
the Internet, access charges thereon. You recognize that
Courtside shall not be responsible for any reduced
functionality resulting from, or in connection with, your use
of the Courtside.
Termination of the Courtside Service
These Terms of Service will apply to your use of the Courtside
Service. At any time, you can terminate your account which
will remove your profile and other personal information from
view. To cancel your account click here. We may terminate your
membership immediately at any time, for any reason. Once your
membership terminates, you will have no right to use the
Courtside Service. Our proprietary rights, disclaimer of
warranties, indemnities, limitations of liability and
miscellaneous provisions shall survive any termination of your
membership.
Courtside may also, in its sole discretion and at any time,
discontinue temporarily or permanently providing the Courtside
Service, or any part thereof, with or without notice. You
agree that any termination of access to the Courtside Service
under any provision of the Terms of Service may be effected
without notice, and acknowledge and agree that Courtside may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Courtside Service. Where possible,
Courtside will use reasonable efforts to give Members fair
notice of termination or suspension of their access to the
Courtside Service. Further you agree that Courtside shall not
be liable to you or any third party for any termination or
suspension of access to the Courtside Service or modification
of the Courtside Service.
Disclaimer of Warranties
Tenniscores, Inc. 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
Courtside Service.
Courtside further expressly disclaims (1) that the Courtside
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 Courtside 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 Courtside Service or the content made available as part
of the Courtside Service will be correct, accurate, timely, or
otherwise reliable.
Courtside 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 Courtside
Service input by other Members is correct or accurate.
COURTSIDE, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE
COURTSIDE SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION
OR MATERIALS OBTAINED OR ACCESSED THROUGH THE COURTSIDE
SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE
PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO
WARRANTIES WHATSOEVER. COURTSIDE 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 COURTSIDE SERVICE IS ENTIRELY AT
YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at Courtside's
request defend, Courtside, 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 Courtside 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, Courtside will provide you with
written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE COURTSIDE SERVICE IS AT YOUR SOLE RISK. UNDER
NO CIRCUMSTANCES WILL COURTSIDE, 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 COURTSIDE SERVICE, WHETHER OR
NOT COURTSIDE 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 COURTSIDE SERVICE, FROM INABILITY TO USE THE COURTSIDE
SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE COURTSIDE 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
COURTSIDE SERVICE OR ANY PART OF THE COURTSIDE SERVICE YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
COURTSIDE SERVICE AND ITS RELATED WEBSITE. UNDER NO
CIRCUMSTANCES SHALL COURTSIDE 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
COURTSIDE 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.
Notices
Courtside may provide you with notices regarding the Courtside
Service or these Terms of Courtside Service by regular mail,
email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international
laws, statutes, ordinances, regulations, contracts and
applicable licenses regarding your use of the Courtside
Services.
Miscellaneous
These Terms of Service will be governed by and construed in
accordance with the laws of the State of North Carolina,
without giving effect to its conflict of laws provisions or
your actual state or country of residence. The parties agree
to submit to the personal and exclusive jurisdiction of the
courts located in County of Mecklenburg in the state of North
Carolina. If for any reason a court of competent jurisdiction
finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will
continue in full force and effect. You shall not assign these
Terms of Service or assign any rights or delegate any
obligations hereunder, in whole or in part, whether
voluntarily or by operation of law, without our prior written
consent. Any such purported assignment or delegation will be
null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall
Courtside 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 Courtside 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.