Description of Services
Personal and Non-Commercial Use Limitation
Unless otherwise specified, these services are for your personal and non-commercial use. Except only as expressly provided herein, you may not download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the information provided on the Ultimate Tennis site. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.
Privacy and Protection of Personal Information
Member Account, Password, and Security
If any of our products require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ultimate Tennis immediately of any unauthorized use of your account or any other breach of security. Ultimate Tennis will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Ultimate Tennis or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use, you will not use any services or information on the Ultimate Tennis website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our services in any manner that could damage, disable, overburden, or impair the Ultimate Tennis server, or the network(s) connected to any Ultimate Tennis server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any service, other accounts, computer systems or networks connected to any Ultimate Tennis server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our services.
Use of Services
As an active member of Ultimate Tennis you agree that you:
- Will not create a false identity for the purpose of misleading the league office or other members.
- Will not use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Will not upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Will not use any material or information, including images or photographs, which are made available through our website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Will not advertise or offer to sell or buy any goods or services for any business purpose.
- Will not violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Will not harvest or otherwise collect information about others, including e-mail addresses.
- Will not violate any applicable laws or regulations.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Ultimate Tennis members or other user or usage information or any portion thereof.
Furthermore, Ultimate Tennis reserves the right to terminate your access to any or all of the provided on-line services at any time, without notice, for any reason whatsoever. Ultimate Tennis reserves the right at all times to disclose any information as Ultimate Tennis deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ultimate Tennis's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any provided communication service. Ultimate Tennis does not control or endorse the content, messages or information found in any communication services and, therefore, Ultimate Tennis specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication services.
Materials Provided to Ultimate Tennis or Posted at Any Ultimate Tennis Web Site
Ultimate Tennis does not claim ownership of the materials (including but not limited to photographs, feedback and suggestions) you provide, post, upload, e-mail, input or submit to Ultimate Tennis, any Ultimate Tennis Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ultimate Tennis, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Ultimate Tennis is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ultimate Tennis's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
By participating in any events/tennis league through the Ultimate Tennis website, you hereby agree to grant Ultimate Tennis the right to take photographs of you. You hereby acknowledge and agree that Ultimate Tennis may use and exploit any such photographs, in any manner, without restriction of any kind, and without the necessity of acknowledging your identity or by identifying you other than with your real name. No compensation will be paid to you with respect to such photographs. For the purposes of the release in the following paragraph, any such photographs shall be considered Submissions.
You hereby release and hold Ultimate Tennis harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to Submissions or the Ultimate Tennis use and exploitation of the Submissions, including but not limited to invasion of privacy, violation of moral right, defamation, false light and all other potential legal theories of any nature or any type under state and federal or local common-law rule regulation or court order, whether now known available or whether later developed discovered or created. This release is given without the promise of compensation.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ULTIMATE TENNIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ULTIMATE TENNIS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ULTIMATE TENNIS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ULTIMATE TENNIS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ULTIMATE TENNIS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ULTIMATE TENNIS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ULTIMATE TENNIS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Links to Third Party Sites
The links in this area will let you leave Ultimate Tennis's site. The linked sites are not under the control of Ultimate Tennis and Ultimate Tennis is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Ultimate Tennis is not responsible for web-casting or any other form of transmission received from any linked site. Ultimate Tennis is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ultimate Tennis of the site.
Any rights not expressly granted herein are reserved. Send your questions and suggestions to Customer Service
A. Waiver and Assumption of Risk:
- I understand tennis entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to: Slipping and falling; exhaustion; temperature exposure; collision with or being hit by other tennis players; striking obstructions; equipment failure; adverse weather conditions; serious injury to bones, joints, ligaments, muscles, tendons and other aspects of the neurological system, vascular and/or musculoskeletal system
- I have voluntarily registered to participate in the Ultimate Tennis League. I expressly agree and promise to accept all of the risks existing in this activity, and I elect to participate in spite of the risks.
- I have consulted with physicians and other medical advisors and, taking into account their advice have made my own determination whether I will engage in tennis.
- I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Ultimate Tennis, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- I am solely responsible for evaluating each facility I play at to ensure it meets my standard of safety and playability. I understand by playing the match, I agree to do so at my own risk and release Ultimate Tennis as well as any host facility of any liability for injuries arising from my participation.
B. Covenant not to Sue, Release and Indemnification.
I, for myself and for my heirs, legal representatives, and assigns, in consideration of my participation in Ultimate Tennis, covenant with Ultimate Tennis, its officers, directors, employees, shareholders, agents and/or representatives to never institute any suit or action at law or equity against Ultimate Tennis, its officers, directors, employees, shareholders, agents or representatives, by any reason of any claim I have now or may hereafter acquire relating to any present or future accidents or injuries occurring to me as a result of my participation in Ultimate Tennis.
I HEREBY EXPRESSLY RELEASE, WAIVE AND DISCHARGE for myself and my heirs, legal representatives, and assigns, Ultimate Tennis, its officers, directors, employees, shareholders, agents or representatives, from any and all claims, causes of action or liability for death, personal injury or property damage of any kind or nature whatsoever arising out of or in the course of participating in Ultimate Tennis, even though that liability may arise out of the negligence or carelessness of Ultimate Tennis, its officers, directors, employees, shareholders, agents and/or representatives. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen known or unknown,
I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS Ultimate Tennis, its officers, directors, employees, shareholders, agents and representatives from any loss, liability, damage, and/or cost they may incur due to my participation in Ultimate Tennis whether caused by the negligence or carelessness of Ultimate Tennis, its officers, directors, employees, shareholders, agents and/or representatives.
I HAVE CAREFULLY READ THIS PARTICIPANT WAIVER AND ASSUMPTION OF RISK AGREEMENT AND UNDERSTAND IT TO BE A RELEASE AND WAIVER OF ALL CLAIMS AND CAUSES OF ACTION FOR MY INJURY OR DEATH OR DAMAGE TO MY PROPERTY THAT OCCURS WHILE PARTICIPATING IN ULTIMATE TENNIS AND IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED DUE TO MY PARTICIPATION IN ULTIMATE TENNIS.