Terms of Use
The following terms and conditions (“Terms of Use”) dictate the rules for access to, and use of, the TennisFolder.com website and web app (the “Site”) operated by SportFolder, Inc. (“SportFolder”).
By clicking on the “I Accept” checkbox or by any access, or usage of the site, you agree to be bound by this Terms of Use, including any future modifications to them. If you do not agree to the Terms of Use, do not use or access the Site.
The Site is not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not access or submit any personal information to the Site.
You agree to the Terms of Use related to your use of the Site, including your submission of any data, text, photographs, graphics, feedback, comments or other materials (collectively, “User Content”).
Copyright and License
All copyrighted and copyrightable materials on the Site, including but not limited to the design, descriptions, graphics, pictures, or other media content are ALL RIGHTS RESERVED Copyright © 2016 SportFolder Inc.
SportFolder grants you a limited license to make personal use of the Site to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Site for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any portion of the Site, including reproduction or hosting the Site or portion of the Site on any computer network or broadcast or publications media; (d) make derivative uses of the Site; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
Your Liability
You are solely responsible for your activities on the Site, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify SportFolder and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Use; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Trademarks and Service Marks
“SportFolder,” “SportFolder.com,” “TennisFolder” and SportFolder’s logos are trademarks, service marks or registered trademarks of SportFolder Inc. and may not be copied, used or imitated, in whole or in part, without the prior written permission of SportFolder or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without SportFolder’s permission. All other SportFolder names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners.
Links and Third Party Content
SportFolder may provide links on the Site to other sites or content. SportFolder has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Site. SportFolder provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Site, our terms and policies no longer are applicable.
No Warranties
The site and the content contained therein are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. SportFolder disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. SportFolder does not represent or warrant that materials in the Site are accurate, complete, current, reliable or error-free.
SportFolder is not responsible for typographical errors or omissions relating to pricing, or other information. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
Limited Liability
In no event shall SportFolder be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
You agree that SportFolder’s aggregate liability for any actual and direct damages hereunder shall not exceed the amounts you paid to SportFolder during the prior 6 month period. You acknowledge that this is a reasonable allocation of risk for your use of the site.
Changes to This Terms of Use
SportFolder reserves the right to change or modify any of the terms and conditions contained in this Terms of Use, or any policy of the Site, at any time and in its sole discretion. If SportFolder decides to change this Terms of Use, it will post a new version on the Site and update the effective date set forth above. Any changes or modifications to this Terms of Use or policy will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Prohibited Conduct
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Site.
You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree not to use an account name, file or directory name, or third level domain (i.e., abc.sportfolder.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party’s products or services.
You agree not to attempt to disguise the origin of any User Content transmitted to the Site.
You agree not to act in any manner that negatively affects other users’ ability to use the Site.
You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to interfere with the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You agree not to post content that would be harmful to minors in any manner.
You agree not to intentionally create and/or log in with multiple accounts.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Site. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures.
Applicable Law and Venue
This Terms of Use and any transactions on the Site shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in San Jose, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Use.
EFFECTIVE DATE: August 27, 2016
