- Copyright Notice: Copyright 2010 - 2019 Racket Labs, Inc. All Rights Reserved.
- Tennis Round, the Tennis Round Logo, and the Image of the bouncing tennis ball are registered trademarks of Racket Labs, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.
6.Copyright Policy
- 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.
- 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- 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.
- 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.
- 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 to support@tennisround.com, or by mail to Racket Labs, Inc., Attn: Legal, 548 Market St, #91104 San Francisco, CA 94104-5401.
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
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
15.Advertising and Affiliate Offers
Some of our emails, website and applications may contain affiliate links and offers, which means we may be compensated if you choose to buy a product or a service from our business partners.
16.Subscription and Refunds
- We do not offer refunds, or prorated charges and cannot guarantee results. Some users confirm and play more matches than others. Our subscription model is not based on number of confirmed matches, or number of played matches, or winning matches, or how much you liked your opponent. We charge subscription fees for access to the platform. All users are provided the same infrastructure and services, but results vary depending on user skill level, location, age, demographics, response pattern and other factors. More advanced players tend to be more reliable with scheduling and keeping appointments. They also tend to be more sought after than beginners.
- We offer subscription based services through our Premium Membership. They renew automatically at the end of their respective term, monthly or annual, until cancelled. Cancellation is immediate. Premium Plan members can cancel their subscription at any time by logging into the site and clicking the "Cancel My Subscription" button on the Profile page.
17.System Availability
- We run an internet based service that depends on third party services and vendors. It is possible that our system is down, due to an outage in one of those third party services. Sometimes our services may be unavailable even due to our own maintenance and development work. We strive to keep the system available at all times, day or night, so people can manage their tennis lives whenever they like, but we can't guarantee 100% availability.
- By using the platform you understand and agree that the system may be unavailable for time to time due to the above reasons. If you happen to notice a system glitch please alert us by sending an email to engineering@tennisround.com
18.Location and Premium Membership
- Tennis Round is open to people from anywhere in the USA and around the world. Players from over 6,000 cities have joined the platform since 2010. Some cities have more registered players than others.
- We do not block people from joining as Premium members or upgrading to Premium Membership based on their location. Players sometimes use Tennis Round when they travel, go on vacation, do business trips and visit cities with higher density of players than their home town, which makes Premium Membership worth their investment. If you are planning on using Tennis Round only in your home town, which happens to be a small community with only a handful of players, you may not need Premium Membership. It is your choice and you are free to cancel your Premium Membership at any time.
- Please note, we do not issue refunds after you upgrade and then decide that you don't need Premium Membership in your particular city. You can check the number of players in any city before you join the platform by going to the Players screen and running a search for your city or zip code.
19. Comments and Questions
If you have any comments or questions, you may address them to Racket Labs, Inc., by mail to 548 Market St, #91104 San Francisco, CA 94104-5401 or by phone to +1-415-754-8068 or by email to support@tennisround.com