Terms of Use

 

PLEASE READ THESE TERMS (THIS “AGREEMENT” OR “TERMS OF USE”) THOROUGHLY BEFORE USING OUR WEBSITE OR ANY OTHER THE TENNIS CHANNEL, INC. (“TENNIS CHANNEL,” “WE,” OR “US”) SERVICES.YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (INCLUDING THE PRIVACY POLICY OF THE WEBSITE) AND ALL APPLICABLE LAWS. BY ACCESSING AND USING THE WEBSITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE WEBSITE OR THE SERVICES.

 

1.   INTRODUCTION; GENERAL; OWNERSHIP; USE RESTRICTIONS

2.   ACCESS TO WEBSITE

3.   CONTENT POSTED ON THE WEBSITE AND SERVICES; THIRD PARTY SOCIAL NETWORKING;
REGISTRATION

4.   MOBILE CONTENT

5.   CODE OF CONDUCT/PROHIBITED CONTENT AND ACTIVITY

6.   VOTES; SWEEPSTAKES; CONTESTS; GAMES

7.   AVAILABILITY OF SERVICES

8.   SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND
SERVICES; SUBSCRIPTION SERVICES

9.   AVAILABILITY OF SERVICES

10. EMPLOYMENT OPPORTUNITIES

11. LINKED SITES AND ADVERTISING

12. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

13. INDEMNIFICATION

14. ACCESS THROUGH APPLE DEVICES

15. TERMINATION

16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

17. NOTICE

18. MISCELLANEOUS

19. NOTICE FOR CALIFORNIA CONSUMERS


 

1.         INTRODUCTION; GENERAL; OWNERSHIP; USE RESTRICTIONS

 

Welcome to TennisChannel.com, http://www.tennischannel.com, which is owned and operated by Tennis Channel, a company incorporated under Delaware law, with its registered address at 2850 Ocean Park Blvd., Suite 150, Santa Monica, CA 90405. This Agreement applies to all of the websites owned and/or operated by Tennis Channel, its owned and/or operated affiliated businesses and other websites operated under the Tennis Channel brand which reference or link to this Agreement (the “Website(s)”) andhttp://m.tennischannel.com or any other mobile-accessible internet or WAP sites owned and/or operated by Tennis Channel (the “Mobile Website(s)” and together with the Websites, the “Site”), and all materials contained in the Site and/or otherwise accessible via other Tennis Channel-controlled products and services provided and/or distributed (whether via the Site or elsewhere) by Tennis Channel, and any downloadable mobile application owned and/or operated by Tennis Channel (the “Application(s)”) available from third party application storefronts (collectively, the “Services”). Your access to and use of the Site and the Services is subject to the following terms and conditions (including the Privacy Policy of the Services, which is incorporated into this Agreement by reference) and all applicable laws. By accessing and using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Services) or you are a “Member” (which means that you have registered with Tennis Channel). The term “User” refers to a Visitor or a Member. You are only authorized to access this Site or to use the materials and services contained in the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement which constitutes a legal agreement between you and Tennis Channel. This Agreement (including the Privacy Policy) may be amended or modified at the sole discretion of Tennis Channel, or new conditions may be imposed by Tennis Channel, at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting and such modification will be effective upon posting by Tennis Channel on the Site. Please check these Terms of Service periodically for changes. Your continued access or use of the Services following the posting of changes to this Agreement (including the Privacy Policy) will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to the terms contained in this Agreement (or the Privacy Policy), please do not use the Site and/or the Services.

 

Tennis Channel has created the Services for your personal entertainment, information, education, and communication. You may access and display Content (as defined below) displayed on the Site and Services for your personal, non-commercial home use on a single computer only, provided you also maintain all copyright and other proprietary notices contained on such Content. This means that you may only view or download material from the Services for your own use. The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of Tennis Channel.

 

Tennis Channel reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf. Except for Submitted Content (as defined below), the content and materials contained on or distributed within the Site and Services, including, without limitation, any text, graphics, user interfaces, logos, photographs, audio or video material or stills/images from audiovisual material available on the Services, news, contests, sweepstakes, message features, merchandise, and all copyrights and other intellectual property related to the Site and/or Services, any affiliate of Tennis Channel, any of the Tennis Channel sponsors, licensees and other affiliates (collectively, “Content”) are either owned by or licensed to Tennis Channel by a third-party. Any use of the Content by you, or anyone else authorized by you, is prohibited unless expressly permitted by this Agreement or by express permission that is granted elsewhere on the Site or in connection with the Services. The applicable owners and licensors retain all rights to the Content, including, but not limited to all international copyright, trademark and other proprietary rights, however denominated. The Tennis Channel and TennisChannel.com word marks and logos, service marks, trade names, packaging and designs of Tennis Channel, and the Site and the Services are the exclusive property of Tennis Channel. All other word marks, logos, and service marks (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Use, is strictly prohibited.

 

The Content must not be used in any unauthorized manner. You may not, reproduce, republish, reuse, modify, upload, post, link to, compile, transmit, distribute, copy, perform, publicly display or otherwise use the Content in any manner, except as expressly provided in this Agreement, without the express written permission of Tennis Channel, and nothing herein shall imply any license or right otherwise. Without limited the generality of the foregoing, you may not distribute any part of this Service or the Content over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Services including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Content.

 

Third party text, photo, graphic, audio and/or video material (collectively, the “Third Party Materials”), contained on or incorporated in the Services shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Site or Services User or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

 

Any unauthorized use of the Content may violate of the owner’s copyright, trademark, privacy and publicity, and other proprietary rights, and communications regulations and statutes. We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with Tennis Channel.

 

Requests for permission to reproduce or distribute materials found on the Services can be made by contacting us in writing at The Tennis Channel, Inc., Business & Legal Affairs, 2850 Ocean Park Blvd., Suite 150, Santa Monica, California 90405, or by email atlicensing@tennischannel.com.

 

For any questions or comments regarding, or problems with, this Site or the Services, or if you become aware of misuse of this Site or the Services by any person, please contact the Site Administrator by email at webmaster@tennischannel.com.

 

2.         ACCESS TO WEBSITE AND SERVICES

 

To access the Site or the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in Tennis Channel’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event Tennis Channel changes the minimum technical requirements is to terminate your use of the Site and/or the Services.

 

3.         CONTENT POSTED ON THE WEBSITE AND SERVICES; THIRD PARTY SOCIAL NETWORKING; REGISTRATION

 

The Site and the Services may offer opportunities for you to post, transmit or submit messages, information, ideas, opinions, images, audio, video, creative works or and other information or materials (which include uploading files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Site and the Services) (collectively, “Submitted Content” or “Submissions”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site or the Services (collectively, “Forums”). You are solely responsible for such Submitted Content and must use the Forums in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any Submitted Content in connection with any Forums that violates the Code of Conduct for the Site and Services as set forth below. Tennis Channel may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products (“Third Party Social Networking Features”). Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

 

In order to participate in Forums and/or certain other Services, you may be asked to provide information or require you to register an account to participate in certain features or access certain content by providing certain personally identifiable information about yourself, including, but not limited to, your name and/or email address, which shall be collected and used pursuant to the Privacy Policy of this Site. Your decision to provide that information is purely optional. In consideration of your use of the Site and applicable Services, you agree (i) to provide accurate, current and complete information about yourself as may be prompted and as necessary by any registration forms (“Registration Data”), subject to all applicable laws; (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to Tennis Channel, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge and agree that Tennis Channel may rely on the Registration Data to process any and all account transactions initiated through the use of your username and password and to send you important information and notices regarding your account and the Site or Services. You acknowledge and agree that Tennis Channel shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or the Services or your account. You must be at least thirteen (13) years old to register on this Site. You further agree that Tennis Channel is authorized to verify such Registration Data. If Tennis Channel has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Tennis Channel shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services (or any portion thereof). Tennis Channel reserves the right to reject any user name that is, in Tennis Channel’s sole and absolute judgment, offensive. You agree to notify Tennis Channel of any unauthorized use of your username and/or password. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. Although Tennis Channel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tennis Channel or others due to such unauthorized use.

 

This Site may provide you with access to some products and services without you having to register as a User, such as signing up for Mobile Alerts via SMS. In each such case your identification is based on means of identification that Tennis Channel deems appropriate, such as your mobile telephone number.

 

Tennis Channel and its third-party providers (“Vendors”) assume no responsibility for actively monitoring, endorsing, editing or screening your Submitted Content, although Tennis Channel and its Vendors reserve the right to do so, and neither Tennis Channel nor its Vendors shall be liable for your Submitted Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users. Content submitted to Forums is not necessarily reviewed by Tennis Channel prior to posting and does not necessarily reflect the opinions or policies of Tennis Channel. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Forums, no fiduciary, contractually implied or other relationship is created between you and Tennis Channel or between you and Tennis Channel’s Vendors other than as expressly set forth in this Agreement. You acknowledge that Tennis Channel is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any User of the Forums. In submitting Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You represent and warrant that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Tennis Channel under the terms of this Agreement, and that use of your Submitted Content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Site. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Tennis Channel determines, in its sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement is otherwise illegal, offensive or inappropriate, Tennis Channel reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Site, the Forums and/or the other Services; and/or (d) use any technological, legal, operational or other means available to Tennis Channel to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Site, the Forums or on the other Services. You agree that Tennis Channel accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You agree to release Tennis Channel, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

 

By transmitting your Submitted Content via the Site or Services, you grant, and represent and warrant that you have the right to grant, to Tennis Channel a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, modify, publish, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed, including without limitation, advertising and promotional purposes. Tennis Channel shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submitted Content and to license your Submitted Content to third parties without seeking or receiving your further consent (collectively, “Rights”).

 

Although we are pleased to hear from Tennis Channel fans and welcome your comments regarding the Site and the Services, unfortunately, the Site’s policy does not permit us to accept or consider unsolicited Submissions, including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions, and we will not incur any liability as a result of any similarities between your Submissions and any elements in any future Tennis Channel products or programs. If unsolicited submissions are sent to Tennis Channel via this Site, such Submissions shall be deemed, and shall remain, the property of Tennis Channel. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to Tennis Channel of the Rights described above. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited Submission you waive the right to make any claim against Tennis Channel, its parents or affiliates relating to unsolicited Submissions, including, without limitation, infringement, conversion, unfair competition, breach of implied contract or breach of confidentiality.

 

At times, we may solicit Submitted Content from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submitted Content. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submitted Content, you agree to assign all right title and interest to such Submitted Content without any payment or further obligation to you and to take any and all action necessary to effect such assignment.

 

4.         MOBILE CONTENT

 

The Mobile Website and/or other areas of the Website may provide mobile alerts and other mobile entertainment content, such as news, scores, videos and other information or data via SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Site and is therefore subject to the other provisions of these Terms of Use. In addition, on Site pages where the Mobile Service (including any Mobile Alert) is offered, Tennis Channel may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.

 

Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with Tennis Channel’s operations. Any equipment or software causing interference with Tennis Channel’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by Tennis Channel. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.

 

Cancellation of Mobile Alerts. Unless otherwise specified, all Mobile Alerts shall remain in effect until cancelled by your or terminated by Tennis Channel in accordance with these Terms of Use. To cancel your Mobile Alerts, send a text message with the text STOP to 446361 (or such other number as may be designated on the Website and/or Mobile Website), or go to the designated page on the Website or Mobile Website for more information.

 

5.         CODE OF CONDUCT/PROHIBITED CONTENT AND ACTIVITY

 

Prohibited Content. You agree to use the Site and Services, including, but not limited to, transmitting Submitted Content, in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site and the Services. Tennis Channel reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:

 

a.             imposes an unreasonable or disproportionately large load on the Site’s infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other User from using and enjoying the Site or the Services;

 

b.             is, or encourages conduct that is, unlawful, obscene, vulgar, pornographic, profane, sexually explicit, indecent, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which adversely affects Tennis Channel business or is otherwise deemed objectionable in Tennis Channel’s sole discretion;

 

c.             harasses or advocates harassment of another person;

 

d.             contains nudity or violence or exploits people in a sexual or violent manner;

 

e.             involves the transmission of “junk mail” or “chain letters” or unsolicited mass mailing;

 

f.              promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

 

g.             solicits personal information from anyone under eighteen (18) or harms or attempts to harm minors;

 

h.             provides private information of any third party, including, without limitation, telephone numbers, street addresses, last names, URLs or email addresses, Social Security numbers , or credit or debit card numbers, including in your Member profile;

 

i.              violates the rights of any other person, including, without limitation, copyright, trademark or other intellectual property rights, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;

 

j.              furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, Trojan horses, worms, time bombs, cancelbots or other similar or harmful or deleterious programming routine;

 

k.             solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

 

l.              contains information, software or other material of a commercial nature;

 

m.           involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes; or

 

n.             contains material irrelevant to the subject matter of the Forums.

 

Clauses 5.a. through 5.n. shall collectively be referred to as the “Code of Conduct.”

 

Prohibited Activity. The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Tennis Channel reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

 

a.             Advertising to, or solicitation of, any Member to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to other Members. Although Tennis Channel cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Tennis Channel reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Tennis Channel deems appropriate in its sole discretion;


b.             Any automated use of the system;


c.             Attempting to impersonate another User or person for purposes of registering as a User of the Site or the Services, or for purposes of registering for any promotions offered through the Site or the Services;

 

d.             Deleting or revising any material or other information of any other User of the Site or the Services;

 

e.             Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account for posting or viewing comments or sending or receiving materials;

 

f.              Selling or otherwise transferring your profile;

 

g.             Covering or obscuring the banner advertisements on Forums, or any Tennis Channel page via HTML/CSS or any other means;


h.             Interfering with, disrupting, or creating an undue burden on the Site or the networks or the Services connected to the Site;

 

i.              Forging any TCP/IP packet header or any part of the header information in any email or posting;

 

j.              Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;

 

j.              Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

 

l.              Using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or the Services to harvest or otherwise collect information from the Site or the Services to be used for any commercial purpose.

 

6.         VOTES; SWEEPSTAKES; CONTESTS; GAMES

 

This Site and Services may offer you opportunities to enter games, contests and sweepstakes and to vote in connection with certain events or promotions (collectively, the “Promotions”). By participating in any such Promotion, you signify your agreement to the official rules and voting rules or guidelines of the applicable Promotion and all special terms set forth on this Site and/or the Services, as well as the terms of this Agreement.

 

Sweepstakes and Contests. The Site may contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Site.

 

Games. All Tennis Channel games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any form of gambling or wagering.

 

All Promotions and any related benefits are offered at the discretion of Tennis Channel. Tennis Channel and any third parties used in connection with the Promotions will use reasonable efforts to include accurate and up-to-date information, such as statistics, rankings, etc., however, neither warrant nor make any representations of any kind with respect to the information provided to you. Neither Tennis Channel nor any of its providers shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available, and shall not be responsible or liable for any error or omissions in that information.

 

By signing up for any Tennis Channel Promotion, you agree to Tennis Channel’s use of your personal information as described in the Tennis Channel Privacy Policy, and on the Promotion registration page.

 

If you witness any User activity in any Tennis Channel Promotion that violates this Agreement or the specific Promotions rules then in effect, please notify us of such activity. Tennis Channel does not guarantee that any action will be taken as a result of your notification, but it appreciates your assistance.

 

7.         AVAILABILITY OF SERVICES

 

The availability of the Content, the Site and the Services, including the Subscription Services, may be affected or impaired by a variety of factors, including game or event delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that Tennis Channel is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.

 

The Site and the Services are subject to transmission limitations of the Internet and, as applicable, wireless Carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

 

8.         SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; SUBSCRIPTION SERVICES

 

The Site may allow you to purchase goods and/or Services (the “Merchandise”) from independent merchandise Vendors, including, but not limited to, The Tennis Channel Store on Tennis Channel.com (the “Store”). In addition, you can buy Merchandise, including Tennis Channel Merchandise from locations other than this Website (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, “Third Party Sales Locations”). Sales from Third Party Sales locations and in the event that Tennis Channel may offer certain services that require payment of a fee in order to use or receive a subscription of certain content (“Subscription Services”), your use of the Subscription Services, are subject to the following terms and conditions.

 

We and our Vendors reserve the right to modify the price of any Merchandise or Subscription Services and substitute any merchandise or services of similar value for any current Merchandise or Subscription Services. In order to purchase Subscription Services or other Merchandise offered for purchase through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information, billing address, and verification of other information that Tennis Channel may request from you, including your IP address. The Subscription Services may also require additional technical requirements. Our Privacy Policy explains how such information collected via the Site may be used by us. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your personal information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase Subscription products and/or other services/products offered for purchase through the Site is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the Subscription Service or any other services/products offered for purchase through the Site, you authorize the payment processor of a Vendor to charge such card on a periodic basis as specified in the amount described on the applicable Subscription Service or other services/products purchase path(s). You must pay all amounts accrued in your account, including applicable sales tax and shipping and handling charges, when due. All payments for Subscription Services are non-refundable. We or our Vendor may decline service to or terminate any account. Neither Tennis Channel, nor any Vendor shall be responsible for and must not be held liable for any breaches in transaction security by any third party. We reserve the right to modify the price of any Subscription product and/or any other services/products offered for purchase through the Site. We are not responsible for any error in copy or images relating to any Subscription product or any other services/ products offered for purchase through the Site.

 

ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TENNIS CHANNEL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, OR SERVICES.

 

The Services and any other applicable Merchandise offered via the Site or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless Carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

 

Subscription Services.

 

By accepting these Terms of Use, you agree that Subscription Services may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list. It is your responsibility to notify Tennis Channel of any change in your email address by logging into the Site and using the online account management tool.

 

Tennis Channel or its Vendor may offer certain Subscription Services for which the subscription automatically renews each year, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner. Tennis Channel or its Vendor agrees to notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.

 

Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge (“Trial Subscription”), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Use as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.

 

The Site allows you to order Merchandise supplied and managed by independent merchandise Vendors. By placing an order via the Site with such Vendor(s), you acknowledge that such Vendor(s) are exclusively responsible for the fulfillment and shipment of all Merchandise ordered.

 

Questions relating to Vendor(s), their Merchandise and fulfilment should be directed to such Vendor(s) by using the contact information provided on their website.

 

Tennis Channel Store. The Store allows you to order Merchandise supplied and managed by an independent merchandise Vendor, ShopTV. By placing an order in the Store, you acknowledge that ShopTV is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. ShopTV can be reached by using the contact information provided below.

By placing an order on the Store, you agree to pay ShopTV all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Tennis Channel, ShopTV or your credit card issuer. ShopTV may bill your credit card at the time Merchandise is ordered. ShopTV may, in its sole discretion, decline service to or terminate your Site account without notice.

Tennis Channel reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

You may have the option to personalize certain Merchandise ordered on the Store (e.g., apparel and accessories). Tennis Channel reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which Tennis Channel deems to be illegal, offensive or inappropriate.

In the event any Merchandise or Services are offered for sale via this Site, which are listed at an incorrect price or contain other incorrect information, Tennis Channel shall have the absolute right to refuse or cancel any order placed for such Merchandise or Services and Tennis Channel is released from liability for same. Your only remedy is to return to Tennis Channel or a third party offering that Merchandise for a refund, at Tennis Channel’s or the third party’s sole discretion.

Questions relating to the Store, its Merchandise and its fulfillment should be directed to ShopTV either by: (i) online submission via the Contact Us section of the Store or (ii) telephone at 1-877-940-7376. You may also refer to the Help section of the Store for more information.

 

9.         AVAILABILITY OF SERVICES

 

The availability of the Content, the Site and the Services, including the Subscription Services, may be affected or impaired by a variety of factors, including game or event delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that Tennis Channel is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.

 

The Site and the Services are subject to transmission limitations of the Internet and, as applicable, wireless Carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

 

10.       EMPLOYMENT OPPORTUNITIES

 

Tennis Channel may, from time to time, post Tennis Channel employment opportunities on the Website and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Tennis Channel in response to employment listings, you are authorizing Tennis Channel to utilize this information for all lawful and legitimate hiring and employment purposes. Tennis Channel also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Website shall constitute a promise by Tennis Channel to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Website constitute a promise that Tennis Channel will review any or all of the information submitted to it by Users.

 

11.       LINKED SITES AND ADVERTISING

 

If you are interested in creating hypertext links to this Website, you must contact The Tennis Channel, Inc., Business & Legal Affairs at 2850 Ocean Park Blvd., Suite 150, Santa Monica, California 90405, or e-mail at licensing@tennischannel.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Tennis Channel, including its respective employees, agents, directors, officers and shareholders. The posting or creation of any link to the Site signifies that you have read these linkage restrictions and agree to abide by their terms.

 

If Tennis Channel has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Tennis Channel is connected with, operates or controls these web sites.

 

Tennis Channel is not responsible for the content or practices of third party web sites that may be linked to this Website and makes no representation or warranty regarding such web sites or their content. This Website may also be linked to other web sites operated by companies affiliated or connected with Tennis Channel. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to the website administrator or Webmaster of the applicable third-party website or location.

 

Tennis Channel takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

 

12.       DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

 

While Tennis Channel reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services and to ensure the optimal performance of the Website and the Services, we make no warranties or representations as to its accuracy and you agree that you use this Website and the Services and rely on material contained in this Website and the Services at your own risk. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.

 

The Website and the Services, and all Content and materials in this Website and the Services (and any other purchases or services provided as a result of your subscriptions or use of the services) are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. This means, without limitation, that Tennis Channel DOES NOT WARRANT that the Website or the Services are fit for any particular purpose; that the functions contained in the materials in the Website or the Services will be uninterrupted; that defects will be corrected; that the Website or the Services are free of viruses and other harmful components; or that the Website or the Services are accurate, error free or reliable.

 

You acknowledge that Tennis Channel, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

 

You acknowledge that Tennis Channel is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Website or the Services, including such conduct or material transmitted by any means by any other person or User. Notwithstanding any term in this Agreement, or other applicable terms and conditions of the Services or any act or failure to act by Tennis Channel or its Vendors, you are exclusively liable for any and all Submitted Content you transmit via the Forums through this Site or the Service.

 

You acknowledge that Tennis Channel is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, in connection with or arising from or in connection with any failure of performance, errors, inaccuracies, omissions, defects, untimeliness, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, or use or inability to use the Website or the Services or any Content therein.

 

In no event shall Tennis Channel be liable for any breach in transaction security caused by a third party arising out of or relating to any attempt to purchase services.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers and Vendors found on or through the Site or 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 advertiser and/or Vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or Vendors on the Site or in connection with the Site or Services. All of your business dealings with Vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.

 

13.       INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Tennis Channel, its parents and affiliates together with their respective employees, agents, representatives, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of and access to the Services; your failure to use the Website; your breach or alleged breach of this Agreement; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

14.       ACCESS THROUGH APPLE DEVICES

 

If you use an Apple mobile device (including but not limited to iPhone and iPod Touch) to access or use the Site or Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via the Apple mobile devices referred to herein as the “Licensed Application(s)”):

 

a.             You acknowledge that these terms are between you and us only, and not with Apple, and that Apple is not responsible for the Licensed Application(s) or the content thereof.

 

b.             The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Apple mobile device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

c.             Third parties, including Apple, Inc., are not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed product.

 

d.             In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application(s).

 

e.             You acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

f.              You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes that third party's intellectual property rights, Apple is in no way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

g.             You must comply with all applicable third party terms of use when using the Licensed Application(s).

 

h.             You acknowledge and agree that iTunes, Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon Your acceptance of the terms and conditions of such license, Apple will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.

 

15.       TERMINATION

 

Tennis Channel may, in its sole discretion, change, suspend or discontinue any aspect of the Site or the Services (subject to a refund to which you may be entitled), at any time with or without notice and with our without cause. Tennis Channel reserves the right to immediately cancel your registration password, or impose limits on certain features or services or restrict your access to any or all of the Services, or to terminate your use of, or access to, the Site or the Services with or without notice, and without liability, at any time, in our sole discretion, without prejudice to any legal or equitable remedies available to the us, for any reason or purpose, including, but not limited to, if Tennis Channel decides that you have breached this Agreement or any relevant law, rule or regulation, or you have engaged in conduct that Tennis Channel considers to be inappropriate or unacceptable. In addition, this Agreement may be immediately terminated at any time by Tennis Channel in its sole discretion. Upon any termination of this Agreement, you shall immediately discontinue your use of and access to the Site and the Services and destroy all materials obtained therefrom. The provisions of this Agreement will survive the termination of your access to the Site and/or Services.

 

16.       NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

 

If you believe that any material contained in this Website infringes your copyright, you should notify Tennis Channel of your copyright infringement claim in accordance with the following procedure.

 

Tennis Channel will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Website’s Designated Agent who is:

 

The Tennis Channel, Inc.
DMCA Agent
2850 Ocean Park Blvd., Suite 150
Santa Monica, CA 90405
Telephone: (310) 314-9400
Fax: (310) 314-9483
Email: licensing@tennischannel.com

 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):


a.             Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


b.             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;

 

c.             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;


d.             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;


e.             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;


f.              A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 
E-mails sent to licensing@tennischannel.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

 

We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

 

We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of Users who are repeat infringers of intellectual property rights.

 

17.       NOTICE

 

We may give notice to Users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a User's email address if on record, or by written communication sent by first class mail to a User’s address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means:

 

a.             Electronic mail to licensing@tennischannel.com;

 

b.             A letter faxed to Tennis Channel Business & Legal Affairs at the following fax number: (310) 314-9483;

 

c.             Letter delivered by first class postage prepaid mail or courier to Tennis Channel at the following address:

 

The Tennis Channel, Inc.

2850 Ocean Park Blvd., Suite 150

Santa Monica, CA 90405

Attn: Business & Legal Affairs

 

18.       MISCELLANEOUS

 

These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Service, and your use of the Site or Services after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or another user shall not constitute a waiver of such right or provision.

 

This Agreement is governed by, and construed in accordance with, the internal laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California for resolution of any dispute, action or proceeding arising in connection with this Agreement, the breach thereof, or your use or non-use of the Website or the Services, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

 

19.       NOTICE FOR CALIFORNIA CONSUMERS

 

Under California Civil Code Section 1789.3, California users of this Website and the other Services 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 N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

LAST UPDATED AND EFFECTIVE DATE: MAY 1, 2014

 

© 2014 The Tennis Channel, Inc. All trademarks are owned by The Tennis Channel, Inc. and its related entities or are used under license. All rights reserved. Use of this Site or the Services assumes acceptance of the Terms of Use and Privacy Policy. All materials contained in Tennis Channel’s Sites and Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.