Last updated on May 1, 2023
1. THE PLATFORM AND SERVICES
and/or application software commonly known as “Tourney Pro” (the “Platform
”), including any and all enhancements, modifications, and updates and related products and services (the “Services
”), you acknowledge and accept the terms and conditions set out below. If you do not accept, you must cease access to and use of the Platform and Services immediately.
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 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) or engage in any conduct that is unlawful, disruptive or otherwise inappropriate.
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 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, Inc.
1630 W Colonial Parkway
Inverness, Illinois 60067
By Email: firstname.lastname@example.org
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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