Restrictions on Use (As Applicable)
You shall use the Company Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Company’s express prior approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services, users of any platform services or products and/or services competitive with this Site. Any conduct by you that in Company’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.
You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You grant Company the right to edit, copy display, publish and distribute any item made available on this Site by you.
Further, you, as a visitor or user of the Site, shall not:
•violate any applicable law or regulation;
•upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
•post any content that is unlawful, illegal, stalking, harmful, violent, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexual in nature, obscene, libelous, false, invasive of another's privacy or publicity rights, or content that could otherwise be considered to be objectionable in Company’s sole judgment;
•impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization or engage in any actions that includes personal or identifying information about any individual included in the contents of this Site;
•engage in any activities or manipulate identifying material to misrepresent the origin of content;
•post any content that is subject to any disclosure restrictions;
•post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
•post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
•use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable or hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability or religion;
•post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment or any other devices;
•interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
•disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
•disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
•use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Company’s prior, express, and written permission; or
•use the Site for commercial purposes, which includes marketing, solicitation or promotion except as otherwise allowed herein or in valid agreements with Company.
The foregoing provisions of this Section are for the benefit of Company, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions, directly, against you or on its own behalf. You acknowledge that Company, its parent, its subsidiaries, affiliates and third-party content providers and licensors assume no responsibility or liability for your actions or activities that are inconsistent with the restricted uses recited herein.
Disclaimer of Warranty/Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND THE CONTENTS THEREIN, ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE; NOR IS ANY WARRANTY PROVIDED AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, AND THE CONTENTS THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THIS SITE OR THAT THIS SITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY.
B. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND THE CONTENTS HEREIN. THE INFORMATION OR CONTENTS OF THIS SITE SHOULD BE USED BY YOU ONLY AS AN INFORMATIONAL SOURCE AND SHOULD NOT SERVE AS THE SOLE FACTOR IN OR BASIS FOR ANY DECISION, INFORMATION OR CONTENTS. THE INFORMATION OR CONTENTS OF THIS SITE ARE INTENDED TO SOLELY PROVIDE GENERAL GUIDANCE ON MATTERS OF INTEREST FOR YOUR USE AND YOU ACCEPT FULL RESPONSIBILITY FOR ITS USE. WHILE EVERY EFFORT IS MADE TO ENSURE THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION OR CONTENTS CONTAINED HEREIN, YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROMISE OR GUARANTEE THAT THE INFORMATION OR CONTENT CONTAINED HEREIN IS CORRECT, COMPLETE, OR ACCURATE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE CONTENTS OF THIS SITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES OFFERED HEREIN. ANY APPLICABLE PRODUCT OR SERVICE WARRANTIES THAT ACCOMPANY THE PRODUCT AND/OR SERVICE IS RECITED IN A SEPARATE AGREEMENT AND UNDERSTANDING, WHICH WILL BE SUBJECT TO ACCEPTANCE BY YOU PRIOR TO YOUR USE OF THE PRODUCT AND/OR SERVICE.
C. IN NO EVENT WILL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS REGARDING THE USE OF THE CONTENTS OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Under no circumstances whatsoever shall Company’s aggregate liability resulting from or relating to your use of the Site exceed One Hundred Dollars ($100.00).
Term/Obligations Upon Termination
Site Applicable Related Terms
Privacy Practice Statement (you must agree to the Privacy Practice Statement to continue access and use of this Site)
Governing Laws Terms
Trademark Use Terms
Copyright Use Terms
Permission to Link Terms
Third-Party Link Terms
Account Terms (or Registration Terms)
TRADEMARK USE TERMS
Company Trademark Use Authorization
Company trademarks, service marks, certification marks, logos and/or trade names (collectively, marks) identify Company products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our written permission, provided you follow standard trademark usage practices and provide proper attribution. Further, any other use of the marks shall be subject to express written authorizations under accepted agreement terms. In the event you wish to use the marks for linking, please refer to Company’s Permission to Link Terms.
You May Not Use Company Marks, Whether Design or Word Marks, in the Following Ways:
· in a non-Company product or service name or publication title; or
· in, in combination with, as, or as part of your own or third-party trademarks, servicemarks, logos or trade names; or
· to identify non- Company products or services; or
· in a manner likely to cause confusion; or
· in a manner that implies inaccurately that Company sponsors, endorses, or are otherwise is connected with your own activities, products, and services; or
· in a manner that distorts, changes, dilutes or modifies the marks so as to affect its registered U.S. and international trademark status or in a manner detrimental to the enforcement of U.S. and international trademark protections; or
· in a manner that disparages or adversely impacts Company or any of its parent, subsidiary, affiliate, associate or related business entities, or any of its directors, officers, employees or agents thereof, or its Site, products or services.
Your use of any marks constitutes your acceptance of the terms of this authorization. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the marks and their use, and the marks are provided “AS IS.” Further, Company reserves the right, for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein. Any other uses require written permission from Company. Please make such requests by contacting Company as specified in this Site. Company will evaluate your request as soon as possible.
In the event any other trademarks appear on this Site that are not Company marks, you have no authorization to use, in any manner, or link to such marks; nor does Company grant you any rights, explicitly or implied, to use any such marks or to link to such trademarks. You will need to obtain permission from the owners of such marks in order to use or link.
Additionally, Company has rights to certain registered domain names in which it has a proprietary interest. The domain names are subject to the same restrictions as recited above and in the linking terms. Company claims rights in the following domain names: “__________.org”. Company claims rights in the following twitter account: “@________”. Company claims rights in the following facebook account: “_________”
Proper Attribution of Company Marks:
When you use Company marks, please include an appropriate notice (as shown below) attributing the marks to Company.
· 5430 Kids’ Tennis™ is a trademark of Company.
· “Design” ™ logo is a trademark of Company.
Copyright use terms
Company Copyright Use Authorization
Company’s Site contains copyrighted material that includes, but is not limited to, screen shots, documents, data, graphical displays, pictures, digital images, text and computer code. These materials are owned by Company or its suppliers, and your download, access or use of these materials from this Site does not transfer any rights, title or interest, whether expressed or implied, in the materials or the copyrights held in the materials, except as authorized herein, to you. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the materials and their use, and the materials are provided “AS IS.” Further Company reserves the right for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein.
Personal Use of Site Copyrighted Material
Company hereby authorizes you to view, copy, download, and print Company materials that are available on this Site, subject to the following conditions:
· The materials may be used solely for your personal or intranet requirements for informational purposes, and for no other purposes, including commercial exploitation or distribution, either independently or in combination with or integrated in other products.
· The materials may not be modified, altered, changed, translated or edited nor may you create derivative works thereof, except where otherwise stated.
· The following copyright notice and permission notice must appear on each document: "Copyright © 2018 5430 Kids’ Tennis Foundation. All rights reserved. Protected by the copyright laws of the United States and International Treaties and Authorized for Use by 5430 Kids’ Tennis Foundation."
· Copyright or any other proprietary notices may not be removed, deleted or altered in any manner.
You may not reproduce, copy, or redistribute the design or layout of this Site, individual elements of this Site design, or Company marks without the express written permission of Company, or where otherwise stated.
Commercial Use of Site Copyrighted Material
Reproduction, copying, or redistribution for commercial purposes (external to your intranet) of any Materials on this Site is strictly prohibited without the express written permission of Company.
DMCA (Digital Millennium Copyright Act)
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the Site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at the following:
Name: DMCA agent name
Attn: DMCA Notice
GOVERNING Laws TERMS
This Site (excluding linked sites) is controlled by Company from its offices within the State of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this Site both you and Company agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.
You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent courts in the State of Colorado, county of Boulder or the nearest Federal Court with respect to such matters. Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.
Permission to Link TERMS
Terms for Linking
Company welcomes a link from your web page to Company‘s Site. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as Company may authorize elsewhere, non-Company sites may link to this Site only by using Company’s logo, tradename, trademark or URL - “__________.org” (collectively, Link Elements). By using these Link Elements, you agree to be bound by the following terms.
1) Company grants you a non-exclusive, non-transferable right and license to display the Link Elements only on your site only for the purposes of establishing a link to this Site. You may display one or more Link Elements on your site provided that when a user clicks on your choice of a Link Element, the user always links to this Site, except where otherwise authorized. Further, you are not permitted to change or modify the Link Elements in a manner that is detrimental to the enforcement of U.S. and international trademark and copyright interests and title. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site or any affiliated Company Sites. Further, you may not link to any site that disparages or compromises this Site, either legally or morally, in anyway.
2) The link elements are not to be considered or to be construed, either explicit or implied, as any endorsement, agency or affiliate relationship, strategic alliance or any other legal or business relationship and are only provided for the convenience of the user at your site.
3) You may not use the link elements for or in the encouragement of unlawful or illegal purposes, or use or display the link elements in a disparaging, derogatory, detrimental or adverse manner, whether or not related to Company or Company’s Site.
4) As a result of your use of these Linking Elements, you are not granted any other license or right in the marks or copyrights held and owned by Company in these Linking Elements and any related materials. Further, no license, either expressed or implied, is granted to any other intellectual property, including those properties associated with this Site, and any or all of the contents, therein.
5) Company, at any time without notice, reserves the right, for any reason and in its sole discretion, to terminate or modify immediately, Company's Terms for Linking. Upon termination, you shall promptly remove the link elements from your site. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement, with regard to the link elements and their use, and the contents of this Site. The content of this Site is provided “AS IS”.
6) Company reserves the right to pursue any action against any use that does not conform to these terms or infringes any Company intellectual property right or any or other interest, or violates any other applicable laws related to, arising from or associated with the link, Linking Elements, Company or this Site.
THIRD PARTY LINK TERMS
Links to Third-Party Sites
In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that Company provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-Company linked sites are independent from Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by Company of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. Company assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold Company completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.
ACCOUNT AND/OR REGISTRATION ESTABLISHMENT TERMS
If you are a registered user at this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile devices or other electronic data devices. You agree to accept responsibility for all activities that occur under your account or password. Company reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content. To open an account, you will create a username and a password, and agree to maintain the security, confidentiality and integrity of your username, password, and any other security measures employed by Company. You are responsible for all access to or use of your account (including financial transactions) under your username and password, including but not limited to access or use by any other individual, whether or not authorized by you. You agree to immediately notify Company of any breach of security, including but not limited to unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing your password. You represent and warrant that all information that you provide for your account is current, accurate, complete and truthful, including but not limited to, your legal name, street address, email address, telephone number, and, if applicable, financial transaction account information. Further, if applicable, you authorize Company and any payment processing service provider it may engage to charge your credit card, debit card or to debit or process payment through any offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are an authorized account holder of any financial transaction, if applicable, account which you provide to Company for payment of transactions that you make at this Site. You represent that you are the only one who will make payments, if applicable, in connection with the Site, and that you shall be responsible for any and all uses of your credit card, debit card or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Company are non-refundable. You understand that you are communicating electronically with Company. You expressly consent to receipt of electronic communications from Company whether by posting or email that you provide by setting up your user account. However, such communications from Company in connection with purchases, if applicable, shall be limited to communications relating to services, programs, or products following acceptance of an electronic agreement or payment for purchases. You agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic term communications that Company provides to you according to this account establishment section satisfies the legal requirements that such communication be in writing.
5430 Kids’ Tennis Foundation (“Company”) – Contact Information
By E-Mail: email@example.com
By Phone: 720-588-0543
By Mail: Rocky Mountain Tennis Center, Taft Drive, Boulder, CO 80302