Terms of Use

1. By using TennisOne, You agree to these “Terms of Use.”
   
   Thanks very much for your interest in TennisOne, owned and operated by SportsWebOne, Inc. By using TennisOne and any of its services, you agree to these Terms of Use. If you do not agree to these Terms, you may not use TennisOne. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
   
   
2. Description of TennisOne services TennisOne services include the TennisOne website and TennisOne Video Network (the video-sharing portion of our site) currently located at www.tennisone.com and all of its online services, including but not limited to, eTennisTeam and eTennisonePro. Hereafter, all of these are described in this document as “TennisOne.”
   
   
3. General Guidelines—Have fun but play by the rules—We do Monitor!

   TennisOne was designed for the use and enjoyment of the TennisOne community and general tennis community. If you want to share tennis videos that you, your family, or your friends have shot with your own cameras and share those videos with a part or the entire tennis community, you are most welcome. That’s what the TennisOne Video Network, the video sharing wing of TennisOne, was built for, and we hope you have a great time on our site. While you should read all the Terms of Use, if your intent is to share your tennis-related videos in the manner just described, we anticipate few problems or issues arising.

   By the same measure and keeping the intent and purpose of TennisOne in mind, you may not upload CONTENT OR VIDEOS THAT ARE NOT RELEVENT TO THE TENNIS COMMUNITY. In other words, there are many other video-sharing sites on the Internet where you may post personal expression or videos that have no tennis relevance. If that is your purpose, please post your content to those sites. We very actively monitor all content posted to our site and if you break the rules embodied in these “Terms of Use,” you will be detected and your service will be terminated.
   
   

4. Prohibited Actions and Activities; Upload your own home movies, but don 't upload videos you've copied from TV/DVDs/websites.
   
   TennisOne, through its TennisOne Video Network, offers a video sharing service. Fundamentally, you can upload your own tennis-related videos (up to 100 MBs) and share them privately with friends or with the public. HOWEVER, OUR POLICIES ON WHAT TYPE OF VIDEOS YOU CAN UPLOAD AND SHARE ARE DIFFERENT AND MORE RESTRICTIVE than many other popular video sharing sites which allow the posting of copyrighted or trademarked videos. You may share any tennis-related video you have shot with your camera or any video for which you own the trademark, copyright therein, or have the express permission of the copyright or trademark holder to upload and share.

   To clarify, unless you are the copyright or trademark holder (or have their permission) you may not UPLOAD CONTENT OR VIDEOS THAT ARE COPYRIGHTED OR TRADEMARKED. IN OTHER WORDS, YOU CANNOT COPY A VIDEO AND/OR CONTENT FROM THE TV, A CD, DVD, ANOTHER WEBISTE, OR ANY OTHER COPYRIGHTED OR TRAEMARKED SOURCE AND POST THAT CONTENT TO TENNISONE.

   Also prohibited actions/activities on TennisOne include, but are not limited to, publishing materials that:
   
   

   • Are not relevant to the tennis community.
   • violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
   • (a) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
   • constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;
   • contain a virus or other harmful or potentially harmful component;
   • contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or constitute or contain false or misleading indications of origin or statements of fact;
   • inhibit or discourage any other user from using and enjoying TennisOne and its services (i.e., this is not the place to post content promoting competitive services).

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   Ask in advance of posting. If you have doubts about whether you can post content/video to TennisOne, email and ask us first: t1staff@tennisone.com
   
   
5. TennisOne Intellectual Property Rights
   
   The content on TennisOne, other than User-Submitted Content (ISC) (defined below), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the "TennisOne" word mark and the TennisOne design mark, as well as certain other of the names, logos, and materials displayed on or through TennisOne that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to TennisOne and SportsWebOne and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes TennisOne or any portion of TennisOne, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by TennisOne and its applicable licensors. TennisOne is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
   
   
6. Individual-Submitted Content (ISC), Your Intellectual Property Rights, and Your License to Us
   
   

   Your Intellectual Property Rights. TennisOne may enable you to submit your videos or other personal media content to TennisOne (collectively "Individual-Submitted Content or ISC"). For clarity, you retain all of your ownership rights to your ISC, and therefore you may publish your content on other websites or other mediums—and you own all the rights and any revenue derived from that publishing.

   Your License to Us. When you provide TennisOne with an ISC, you grant to TennisOne and its affiliates, representatives, and a non-exclusive, permanent and non-revocable, fully-paid, world-wide, transferable, sublicenseable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party Web sites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your ISC (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You acknowledge and agree that: (a) you have no expectation of compensation or confidentiality of any nature with respect to any ISC and (b) TennisOne and/or its affiliates may already have projects under consideration that are similar to an ISC or may independently develop projects that are unintentionally similar to an ISC.

   When you make an ISC on TennisOne, you may elect to make the ISC "public" or "private." Public ISCs are available to all users of TennisOne. Private ISCs, on the other hand, are available only to those people with a link to the ISC. Any person who receives a link to a private ISC may forward the link to others. Accordingly, TennisOne does not, and cannot, guarantee that a private ISC will remain private. Because of the viral nature of social media, you should not submit any content on TennisOne, whether through public or private election, that you do not want to be viewed by others.

   TennisOne reserves the right to display advertisements in connection with your ISC and to use your ISC to advertise and promote your ISC, TennisOne or the means by which your ISC are made available.

   You may remove or delete an ISC from the Site at any time. Nonetheless, an ISC that you remove may still be available to third parties who previously acquired the ISC and TennisOne may maintain copies for archival purposes or publicity or promotion purposes. TennisOne is not required to host, display, or distribute any ISC, and may remove them at any time. TennisOne is not responsible for any loss, theft or damage of any kind to any ISC.

   Your Warranty about Your ISC. You represent and warrant that: (a) you own all rights in your ISC (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your ISC) or, alternatively, you have acquired all necessary rights in your ISC to enable you to grant to TennisOne the rights in your ISC described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your ISC, and TennisOne will not be responsible for such obligations; (c) you are the sole individual pictured and/or heard in your ISC, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your ISC to grant the rights to TennisOne described herein; (d) you will make such permissions available to TennisOne upon request; and (e) your ISC do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your ISC do not violate any of the foregoing representations and warranties and to make such records available to TennisOne upon TennisOne's request.

7. Copyright Infringement Notice
   
   

   TennisOne does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content if properly notified that such content infringes on another's intellectual property rights.

   If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TennisOne’s copyright agent the written information specified below:
   
   

   • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
   • A description of all of the copyrighted works that you claim has been infringed upon;
   • A description of where the material that you claim is infringing is located on the TennisOne website, including, a URL of the specific location of the infringing material;
   • Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address;
   • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

   
   TennisOne’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
   
   Copyright Agent
   TennisOne
   Email: t1staff@tennisone.com
   
   
8. Termination of Your Service
   
   Your right to use TennisOne automatically terminates if you violate these Terms or any rules or guidelines posted in connection with TennisOne. TennisOne reserves the right, in its sole discretion, to terminate your access to all or part of TennisOne, for any reason, with or without notice. FURTHER, YOU AGREE THAT TENNISONE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR ISC OR SUSPENDING OR TERMINATING YOUR ACCESS TO TENNISONE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to TennisOne at any time. TennisOne reserves the right to investigate your use of TennisOne in the event TennisOne, in its sole discretion, believes you have violated these Terms.
   
   
9. Links to Other Sites
   
   TennisOne may contain links to third party Web sites or Internet resources that are not owned or controlled by TennisOne. TennisOne's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify TennisOne's endorsement of such other Web site or resource or its contents. TENNISONE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TENNISONE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING.
   
   
10. No Guarantee, Disclaimer of Warranties
    
    

    (a) No Guarantees. TennisOne makes no guarantees: (i) regarding the availability, operation, maintenance, timing or delivery of the TennisOne website or its online services.

    (b) Warranty Disclaimers. Your use of TennisOne is at your sole discretion and risk. TennisOne and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. As TennisOne provides a means for the public to share their tennis-related videos, from time-to-time you may see video/content that you find offensive or objectionable. TennisOne does not control or guarantee, nor is TennisOne responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any ISC or member commentary. TennisOne assumes no responsibility for monitoring any ISC or member commentary.

    TENNISONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO TENNISONE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

    TennisOne disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of TennisOne products or services; (ii) regarding the goods, services, advise, information or links provided by any Third Party Services Providers, Artists, Sponsors, Syndicators or Community Members; (iii) that TennisOne products or services will meet your requirements; or (iv) that TennisOne products or services will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from TennisOne or from your Participation, shall create any warranty not expressly stated in this Agreement.

    TennisOne assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TennisOne products or services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from Participation.

    Under no circumstances shall TennisOne be responsible for any loss or damage, including personal injury or death, resulting from participation, from any Video Content, Ads or Member Comments posted on or through TennisOne, or from the conduct of any users of TennisOne.

    Some states or jurisdictions do not allow the exclusion of certain warranties.

11. Limitation of Liability
    
    YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENNISONE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OR REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNTS) USE OF TENNISONE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TENNISONE 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TENNISONE FOR YOUR MEMBERSHIP TO TENNISONE OR FOR SERVICES PROVIDED BY TENNISONE , BUT IN NO CASE WILL TENNISONE 'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO TENNISONE FOR SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TENNISONE , REGARDLESS OF THE CAUSE OF ACTION.
    
    
12. Exclusions and Limitations
    
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT TENNISONE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF TENNISONE'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
    
    
13. Indemnification
    
    You agree to indemnify, defend, and hold harmless TennisOne, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your ISC, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through TennisOne; (b) your (or anyone using your account's) use of TennisOne; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. TennisOne reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TennisOne in asserting any available defenses.
    
    
14. Ability to Accept Terms of Use
    
    TennisOne is not intended for children under 10. If you are under 10 years of age, please do not use TennisOne. You affirm that you are the applicable age of majority or older, or that you have obtained the consent of your parent or legal guardian or that you are an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
    
    
15. Arbitration
    
    

    These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. YOU AND TENNISONE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

    Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the TennisOne will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE TENNISONE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or related TennisOne services be instituted more than one (1) year after the cause of action arose.

16. Miscellaneous
    
    These Terms, together with any other rules or guidelines posted in connection with, constitute the entire and exclusive and final statement of the agreement between you and TennisOne with respect to the subject matter hereof, and govern your use of TennisOne, superseding any prior agreements or negotiations between you and TennisOne with respect to the subject matter hereof. The failure of TennisOne to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TennisOne or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Terms of Use, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of TennisOne.
    
    
17. Modification to Terms
    
    TennisOne may, in its sole and absolute discretion, change these Terms from time to time. TennisOne will post a copy of the Terms as changed on TennisOne. Your continued use of TennisOne constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse shall be to cease using TennisOne.