Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY
Date Last Revised: April 29, 2011

1. Acceptance of Terms of Use

  1. Tennis Round, Inc. (“Tennis Round”) owns and runs the website www.tennisround.com (the “Site”) through which it offers various services and software (the Site, services and software are collectively referred to as the “Service” or “Services”).
  2. By accessing and using the Services, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions contained in these Terms of Use, do not use the Services in any manner. Tennis Round reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.
  3. Tennis Round does not knowingly permit individuals under the age of 18 to create a Tennis Round account. Do not attempt to create an account if you are under 18. Please see our privacy policy for additional information.
  4. Tennis Round reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.

2. Restrictions on Use of the Services

  1. Prohibited Activities.
    1. You may not do any of the following to the Services:
      1. USE ANY ROBOT, SPIDER, SCRAPER, DEEP LINK OR OTHER SIMILAR AUTOMATED DATA GATHERING OR EXTRACTION TOOLS, PROGRAMS, ALGORITHM OR METHODOLOGY TO ACCESS, ACQUIRE, COPY OR MONITOR THE SITE OR A PORTION OF THE SITE, INCLUDING TENNIS FACILITY LISTINGS, ADDRESSES, PHONE NUMBERS, OR NUMBER OF COURTS, OR ANY OTHER DATA PERTAINING TO THE DIFFERENT LISTINGS ON THE SERVICE, WITHOUT TENNIS ROUND’S PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD FOR ANY REASON;
      2. Use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Tennis Round server, or the network(s) connected to any Tennis Round server, or interfere with any other party's use and enjoyment of the Services;
      3. Disobey any applicable policies or regulations of networks connected to the Services;
      4. Modify, adapt, translate or reverse engineer the Services;
      5. Frame the Services or reformat them in any way; or
      6. Create user accounts using any automated means or under false pretenses.
    2. You may not use the Services to do any of the following:
      1. Harass or advocate harassment of another person or entity;
      2. Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
      3. Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
      4. Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
      5. Transmit unsolicited mass mailings or “spam;”
      6. Collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users; or
      7. Transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
  2. Content You Post to the Services.
    1. You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
      1. Is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
      2. Is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
      3. Is illegal;
      4. Is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
      5. Infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
      6. You do not have a right to make available under law or contractual or fiduciary relationships;
      7. Includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
      8. Bears any false, disguised or misleading origin; or
      9. Contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
    2. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
    3. Tennis Round reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
  3. Other Restrictions.
    1. You understand that the Services are offered to the public free of charge; however, Tennis Round reserves the right to restrict access to the Services or any portion thereof to Authorized Users or for a fee. “Authorized Users” means an individual with a paid subscription or who has paid for access to the Services.
    2. To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
    3. If you use the Services to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and Tennis Round (“Unauthorized Advertising”), Tennis Round reserves the right to restrict your access to the Services and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Services for commercial use, you may request, or Tennis Round may request that you work with Tennis Round, subject to Tennis Round's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Services.

3. No Responsibility for Third Party Content or Actions

  1. You understand that the Services, act only as a search tool and technical interface between users and that Tennis Round does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Tennis Round. Tennis Round cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
  2. You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.

4. License and Confidential Information

  1. By sending messages or posting information or content to the Services, or submitting messages to Tennis Round about the Service, including but not limited to photos, images, feedback, suggestions, or ideas about the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Tennis Round an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works or the Service, such information and content, and to grant and authorize sub-licenses of the foregoing.
  2. No information or content of any kind that you submit to Tennis Round, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.
  3. Notwithstanding the foregoing, Tennis Round will only disclose communications or content transmitted between users in accordance with the Tennis Round Privacy Policy.

5. Copyright and Trademark Information

  1. Copyright Notice: Copyright 2010 Tennis Round, Inc. All Rights Reserved.
  2. Tennis Round, the Tennis Round Logo, and the Image of the bouncing tennis ball are registered trademarks of Tennis Round, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.
  3. 6.Copyright Policy

    1. In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Tennis Round to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.
    2. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact us with the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notice should be provided by email, or by mail to Tennis Round, Inc., Attn: Legal, 10400 NE 2nd Street, Suite S-519, Bellevue, Washington 98004.

    7. Privacy Policy

    Tennis Round respects your privacy. Tennis Round’s Privacy Policy can be found here. By using the Services, you are consenting to the terms of our Privacy Policy.

    8. Third Party Websites, Services and Content

    1. The Services may contain links to third-party sites that are not under the control of Tennis Round, and Tennis Round is not responsible for nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Tennis Round endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tennis Round is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
    2. In addition, links to advertising that has not been approved by Tennis Round may be embedded in third party content displayed on the Services. Tennis Round is not responsible for any content, cookies, or other technology used in connection with such advertising.

    9. Disclaimer of Warranty and Limitation of Liability; Ability to Change or Terminate Services

    1. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND TENNIS ROUND HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, TENNIS ROUND DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Tennis Round’s warranties shall be limited in those jurisdictions to the extent permitted by law.
    2. IN NO EVENT SHALL TENNIS ROUND BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFIT, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES, EVEN IF TENNIS ROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TENNIS ROUND’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Tennis Round's liability shall be limited in those jurisdictions to the extent permitted by law.
    3. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Tennis Round assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
    4. Tennis Round may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.

    10. Medical and Physical Activity Disclaimer

    AS PART OF THE SERVICES, THE SITE MAY PERMIT USERS AND SUBSCRIBERS TO ENROLL AND PARTICIPATE IN TENNIS LEAGUES AND OTHER TENNIS RELATED ACTIVITIES. YOU ACKNOWLEDGE THAT ANY PHYSICAL EXERCISE MAY CARRY RISKS. YOU SHOULD CONSULT WITH YOUR DOCTOR OR HEALTHCARE PROVIDER ABOUT YOUR MEDICAL CONDITION PRIOR TO STARTING A HEALTH OR EXERCISE PROGRAM. ANY PHYSICAL OR INTERNAL DISTRESS EXPERIENCED DURING OR AFTER ANY EXERCISE SHOULD NOT BE IGNORED AND SHOULD BE BROUGHT TO THE ATTENTION OF A DOCTOR OR HEALTHCARE PROFESSIONAL.

    11. Indemnity

    You agree to indemnify, defend, and hold Tennis Round and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorney’s fees incurred in the defense of such claim.

    12. Termination of Access to Tennis Round; Consequences of Violation of Terms of Use

    Tennis Round reserves the right to terminate your privilege to use the Services at any time, for any reason. In addition, Tennis Round shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate any portion of the Services, and/or remove a user or users or otherwise terminate any use of the Services if Tennis Round determines in its sole discretion that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material Tennis Round suspects or discovers on, through, or otherwise relating to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

    13. Notices

    1. We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Services. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
    2. You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any notice required by law, including notice of any breach of security involving your personally identifiable information, through email.
    3. Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.

    14.General Information

    1. The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on the Services constitute the entire agreement between you and Tennis Round, govern your use of the Services, and supersede any prior agreements between you and Tennis Round relating to your use of the Services (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Tennis Round services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software.
    2. By accessing the Services you agree that the statutes and laws of the United States and the State of Washington, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in King County in the State of Washington, and you consent to the personal jurisdiction of those courts.
    3. The failure of Tennis Round to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.
    4. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect.
    5. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred.
    6. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

    15. Comments and Questions

    If you have any comments or questions, you may address them to Tennis Round, Inc.,

    Tennis Round, Inc.
    155 Jackson St, Suite 303
    San Francisco, CA 94111
    Tel. 415-754-8068
    or by email