1. THE PLATFORM AND SERVICES
2. CHANGES TO THESE TERMS
3. OTHER APPLICABLE TERMS
You also agree that, where relevant, with regard to any information or documents you upload to Tourney Pro that are required for eligibility determinations for any leagues or tournaments you wish to enter -- including birth certificates, medical waivers, or proof of vaccination -- you are specifically directing Tourney Pro to share that information with the relevant organization, league, team or governing body that requested the information and all additional entities that are required to review it to determine eligibility for the sport, league or tournament.
TOURNEY PRO LICENSE AGREEMENT
4. ACCOUNT ACCESS & SECURITY
6. USER CONTENT
You are solely responsible for your own User Content, including, but not limited to, any claims, loss or damages relating to all User Content transmitted to the Platform. You understand that by using the Platform and Services, you may be exposed to User Content that is offensive, indecent, or objectionable. You understand and agree that if you submit User Content, other Users, Administrators or your Organization may view and use your User Content.
7. CHILD SAFEGUARDING
Where User Content includes an image or a video of any person who is under the age of 13 (“Child”), you confirm that you have obtained the consent of that Child’s parent or guardian before submitting it via the Platform or Services.
CHILDREN’S DATA PRIVACY
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. The Platform and the Services are not directed to children under 13. You certify you, personally and/or on behalf of your Organization, will not permit or request that children under 13 submit information to the Platform directly.
8. ACCEPTABLE USE POLICY
You are responsible for the User Content and all other content of your communications which you contribute or send via the Platform, and you will not (nor will you aid or abet any third party to): (i) upload, post, email or otherwise transmit to the Platform any material that is (a) confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public; (b) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory, hateful or invasive of the rights of any other person or entity; (c) likely to infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual property right of any other person or entity; or (d) a virus, worm or Trojan horse, or any other computer code that is likely to disrupt, overload, harm or impair the functioning of the Platform; (ii) attempt to impersonate any other person, or otherwise misrepresent your identity, qualifications, affiliations or any other information about you; (iii) solicit other users or post any advertisement without Tourney Pro’s express written consent; (iv) attempt to disrupt, overload, harm or impair the functioning of the Platform; (v) engage in any conduct that is unlawful, disruptive or otherwise inappropriate; (v) engage in any conduct likely to deceive any person or cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (vi) engage in any conduct involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (vii) engage in any conduct that gives the impression that such conduct emanates from or is endorsed by Tourney Pro or any other person or entity, if this is not the case.
9. MONITORING; SUBDOMAINS
Tourney Pro reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform, including, but not limited to, any Subdomain. YOU WAIVE AND HOLD HARMLESS TOURNEY PRO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Tourney Pro cannot undertake to review all User Content or other material before it is posted on the Platform and/or any Subdomain and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Tourney Pro (a) makes no warranty or representations regarding any User Content into any Subdomain by you or your affiliates, directors, employees, contractors, agents, customers, team members, or other representatives; (b) has no responsibility for any such User Content incorporated into any Subdomain by you or your affiliates, directors, employees, contractors, agents, customers, team members, or other representatives; (c) shall not be liable for any loss or damage caused by any use of or reliance upon any such User Content incorporated into any Subdomain by you or your affiliates, directors, employees, contractors, agents, customers, team members, or other representatives; and (d) has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Tourney Pro will not be liable if for any reason all or any part of the Platform, including, but not limited to, any Subdomain and/or User Content, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform and/or any Subdomains, or the entire Platform and all Subdomains, to users, including registered users.
You may link to a Subdomain, provided you do so in a way that is fair and legal and does not damage the reputation or take advantage of Tourney Pro, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Tourney Pro without Tourney Pro’s prior written consent.
Each Subdomain may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on a Subdomain.
- send emails or other communications with certain content, or links to certain content, on a Subdomain.
- cause limited portions of content on a Subdomain to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Tourney Pro, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions Tourney Pro provide with respect to such features. Subject to the foregoing, you must not:
- establish a link to or from any website or Subdomain that is not owned by you.
- cause a Subdomain or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- link to any part of the Subdomain other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking to or from any Subdomain immediately to stop. Tourney Pro reserves the right to withdraw linking permission and to disable all or any social media features and any links at any time without notice in the sole and absolute discretion of Tourney Pro.
10. DISCLAIMER OF WARRANTIES
The Platform and the Services are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, Tourney Pro, its parents, subsidiaries, affiliates, including directors, employees, contractors and agents as well as partners, and licensors disclaim any and all warranties and conditions, statutory or otherwise (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement). Without limitation, Tourney Pro does not warrant that the Platform, or access to or use of the Services will: be uninterrupted; be free from inaccuracies, errors, viruses or other harmful components; meet your requirements; or operate in the configuration or with the version of device or operating software you use.
11. LIMITATIONS OF LIABILITY
MANDATORY APPLICABLE LAWS. THE PRECEDING CLAUSES SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAWS. THE EXTENT OF THIS EXCEPTION IF ANY WILL DEPEND ON THE COUNTRY IN WHICH YOU RESIDE AND THE CAPACITY IN WHICH YOU USE THE PLATFORM.
12. THIRD PARTY WEBSITES AND CONTENT
For your convenience, the Platform may provide links to websites and/or content of other persons or entities or information about third parties not owned or controlled by Tourney Pro (“Third-Party Content”). Tourney Pro shall not be responsible for the completeness or accuracy of any information hosted or provided by any Third-Party Content or for deleting any such information. Your use of and/or access to the Third-Party Content is at your own risk and subject to the applicable terms and conditions of such Third-Party Website. Tourney Pro makes no warranty or representations regarding any Third-Party Content, has no responsibility for any such Third-Party Content, and shall not be liable for any loss or damage caused by any use of or reliance upon any Third-Party Content.
15. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 958134, or by telephone at (800) 952-5210.
16. INFRINGEMENT POLICY
Tourney Pro respects the intellectual property rights of others, and we ask our users to do the same. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we reserve the right, but not the obligation, to terminate your Account and license to use the Platform if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content or other materials accessible via the Platform and/or any Subdomain infringe your intellectual property, please send a written notice to the agent identified below to request a review of the alleged infringement to Tourney Pro at the following address via first class mail:
Attn: DMCA Notice
Tourney Pro, LLC
2500 W Higgins Road, Suite 1105
Hoffman Estates, Illinois 60169
By Email: email@example.com
Attn: DMCA Notice
Any written notice regarding any defamatory or infringing activity must include the following information: (a) your name, address, telephone number, and email address; (b) physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (c) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works, or, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials; (d) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tourney Pro to locate the material; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
19. FORCE MAJEURE
22. COMPLETE UNDERSTANDING
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Last updated on November 6, 2023