Find Your Tennis Terms of Use

Welcome to Find Your Tennis (FYT), a networking site where members can meet, organize tennis practices, matches and tournaments, find and book tennis courts and keep in touch with other people in the tennis community (FYT Services).

By using the FYT Services, you accept and agree to be bound by the following terms and conditions (Terms of Service).

Date of Last Revision: January 2012.

Statement of Rights and Responsibilities

Privacy

We designed our Privacy Policy to make important disclosures about how you can use FYT Services to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Privacy Policy

Sharing Your Content and Information

You own all of the content and information you post on FYT, and you control how it is shared through your privacy and application settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with FYT Services (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
  4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of FYT, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about FYT and FYT Services, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep FYT and FYT Services safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on the FYT website.
  2. You will not collect users' content or information, or otherwise access the FYT website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the FYT website.
  4. You will not upload viruses or other malicious code on the FYT website.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content on the FYT website that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application on the FYT website containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will not do anything that could disable, overburden, or impair the proper working of the FYT website and/or FYT Services, such as a denial of service attack.
  10. You will not facilitate or encourage any violations of these Terms of Service.

Registration and Account Security

FYT users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on the FYT website, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal profile on the FYT website.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  5. You will not use FYT Services if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, (or in the case of developers, your secret key), let anyone else access your FYT account, or do anything else that might jeopardize the security of your FYT account.
  8. You will not transfer your FYT account (including any page or application you administer) to anyone without first getting our written permission.
  9. If you select a username for your FYT account we reserve the right to remove or reclaim it if we believe appropriate to do so (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on the FYT website that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on the FYT website if we believe that it violates these Terms of Service.
  3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your FYT account when appropriate.
  5. You will not use our copyrights or any confusingly similar marks, without our written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear you (and not FYT) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone's identification documents or sensitive financial information on the FYT website.

Mobile

  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on the FYT website within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on the FYT website, as well as your name and profile picture.

Internet Access

FYT shall not be responsible for any connection or access to the findyourtennis.com website by you, or for the transmission quality of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the FYT website via the Internet, access charges thereon. You recognize that FYT shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the FYT Service.

About Advertisements and Other Commercial Content Served or Enhanced by FYT

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  1. We do not give your content or information to advertisers without your consent.
  2. You understand that we may not always identify paid services and communications as such.

Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on the FYT website. The following additional terms apply to you if you place an order through us (Order):

  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
  2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
  3. We will determine the size, placement, and positioning of your ads.
  4. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  5. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do not have systems to detect and filter certain suspicious activity.
  6. You can cancel your Order at any time by contacting us directly (see contact page), but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
  7. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
  8. We can use your ads and related content and information for marketing or promotional purposes.
  9. You will not issue any press release or make public statements about your relationship with FYT without written permission.
  10. We may reject or remove any ad for any reason.
  11. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
    1. You warrant that you have the legal authority to bind the advertiser to this Statement.
    2. You agree that if the advertiser you represent violates these Terms of Service, we may hold you responsible for that violation.

Amendments

  1. We can change these Terms of Service at any time without any prior notice. Any changes will be posted on the FYT website and Members may be sent an email explaining the changes.
  2. For changes to sections relating to payments, application developers, website operators, and advertisers, we will give you a minimum notice of three days. For all other changes we will give you a minimum notice of seven days.

Termination

At any time, you can terminate your account, which will remove your profile and other personal information from view. FYT reserves the right to terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the FYT Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms of Service or FYT Services exclusively in the Province of Quebec in Canada, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to jurisdiction of the courts located in Quebec, Canada for the purpose of litigating all such claims.
  2. You agree to hold harmless and indemnify, and at FYT’s request, defend FYT, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, agents and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the FYT Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, FYT will provide you with written notice of such claim, suit or action.

Limitation of Liability

Your use of the Find Your Tennis service is at your sole risk. Under no circumstances will FYT, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the FYT service, whether or not FYT has been advised of the possibility of such damages or loss. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the FYT service, from inability to use the FYT service, or from the interruption, suspension, or termination of the FYT service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If you are dissatisfied with the FYT service or any part of the FYT service your sole and exclusive remedy is to discontinue using the FYT service and its related website.

Without limiting the foregoing, under no circumstances shall FYT be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and FYT with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Disclaimer of Warranties

  1. FYT and its affiliates, licensors, partners, suppliers and employees disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the FYT Service
  2. FYT further expressly disclaims (1) that the FYT Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the FYT Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the FYT Service or the content made available as part of the FYT Service will be correct, accurate, timely, or otherwise reliable.
  3. FYT expressly disclaims any and all responsibility and liability for the conduct of any member and/or third parties, and expressly disclaims that the content and materials of the FYT Service input by other members is correct or accurate.

Definitions

  1. "FYT" means the features and services we make available, including through (a) our website at www.findyourtennis.com and any other FYT branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  2. "Platform" means a set of APIs and services that enable others, including application developers and website operators, to retrieve data from on the FYT website or provide data to us.
  3. "Information" means facts and other information about you, including actions you take.
  4. "Content" means anything you post on the FYT website that would not be included in the definition of information.
  5. "Data" means content and information that third parties can retrieve from the FYT website or provide to FYT through our Platform.
  6. "Post" means content you post on the FYT website or otherwise make available to us (such as by using an application).
  7. "Use" means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  8. "Active registered user" means a user who has logged on the FYT website at least once in the previous 30 days.
  9. "Application" mean any application or website that uses or accesses our Platform, as well as anything else that receives or has received data from us. If you no longer access our Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other

  1. If you are a resident of or have your principal place of business in the U.S. or Canada, these Terms of Service are an agreement between you and FYT. References to “us,” “we,” and “our” mean either FYT as appropriate.
  2. These Terms of Service makes up the entire agreement between the parties regarding FYT, and supersede any prior agreements.
  3. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of these Terms of Service, it will not be considered a waiver.
  5. Any amendment to or waiver of these Terms of Service must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent.
  7. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in these Terms of Service shall prevent us from complying with the law.
  9. These Terms of Service do not confer any third party beneficiary rights.
  10. You will comply with all applicable laws when using or accessing on the FYT website or FYT Services.