Web Site and
Application Terms and Conditions of Use
The following terms and conditions (the "Terms and Conditions") govern your use of this web site or application (the “Platform”), provided to you by The Scores Online., and any content, features or functionality made available from or through this Platform, including any subdomains thereof, or application. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Platform. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE PLATFORM. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Platform. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the platform, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Platform, and the compilation of the content, code, data and materials on the Platform, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Platform does not grant to you ownership of any content, code, data or materials you may access on or through the Platform.
1. Limited License
You may access and view the content on the Platform on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Platform, make single copies or prints of the content on the Platform for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Platform, use of the Platform and the services offered on or through the Platform, are only for your personal, non-commercial use.
2. Prohibited Use
Unless otherwise specifically indicated in these Terms and
Conditions or on the Platform, any commercial or promotional distribution,
publishing or exploitation of the Platform, or any content, code, data or
materials on the Platform, is strictly prohibited unless you have received the
express prior written permission from our authorized personnel or the otherwise
applicable rights holder. Other than as expressly allowed herein or on the
Platform, you may not download, post, display, publish, copy, reproduce,
distribute, transmit, modify, perform, broadcast, transfer, create derivative
works from, sell or otherwise exploit any content, code, data or materials on
or available through the Platform. You further agree that you may not alter,
edit, delete, remove, otherwise change the meaning or appearance of, or
repurpose, any of the content, code, data, or other materials on or available
through the Platform, including, without limitation, the alteration or removal
of any trademarks, trade names, logos, service marks, or any other proprietary
content or proprietary rights notices. You acknowledge that you do not acquire
any ownership rights by downloading or otherwise using any copyrighted material
from or through the Platform. If you make other use of the Platform, or the
content, code, data or materials thereon or available through the Platform,
except as otherwise provided above, you may violate copyright and other laws of
Italy, other countries, as well as applicable state laws and may be subject to
liability for such unauthorized use.
3. Trademarks
The trademarks, logos, service marks and trade names
(collectively the "Trademarks") displayed on the Platform or on
content available through the Platfom are our registered and unregistered
Trademarks and others and may not be used in connection with products and/or
services that are not related to, associated with, or sponsored by their rights
holders. All Trademarks not owned by us that appear on the Platform or on or
through the Platform's services, if any, are the property of their respective
owners. Nothing contained on the Platform should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Platform without our written permission or the third party
that may own the applicable Trademark. Your misuse of the Trademarks displayed
on the Platform or on or through any of the Platform's services is strictly
prohibited.
4. User Information
In the course of your use of the Platform and/or the
services made available on or through the Platform, you may be asked to provide
certain personalized information to us (such information referred to
hereinafter as "User Information"). Our information collection and
use policies with respect to the privacy of such User Information are set forth
in the Platform's Privacy Policy which is incorporated herein by reference for
all purposes. You acknowledge and agree that you are solely responsible for the
accuracy and content of User Information.
5. Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Platform, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Platform's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant Scores Online royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. Scores Online cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
6. Prohibited User Conduct
You warrant and agree that, while using the Platform and the
various services, features and functionality offered on or through the
Platform, you shall not: (a) impersonate any person or entity or misrepresent
your affiliation with any other person or entity; (b) insert your own or a
third party's advertising, branding or other promotional content into any of
the Platform's content, materials or services (for example, without limitation,
in an Embedded Video (as defined herein), RSS feed or a podcast received from
us or otherwise through the Platform, or, except as otherwise specifically
authorized in these Terms and Conditions or on the Platform use, redistribute,
republish or exploit such content or service for any further commercial or
promotional purposes; or (c) attempt to gain unauthorized access to other
computer systems through the Platform. You shall not: (i) engage in spidering,
"screen scraping," "database scraping," harvesting of
e-mail addresses, wireless addresses or other contact or personal information,
or any other automatic means of obtaining lists of users or other information
from or through the Platform or the services offered on or through the
Platform, including without limitation any information residing on any server
or database connected to the Platform or the services offered on or through the
Platform; (ii) obtain or attempt to obtain unauthorized access to computer
systems, materials or information through any means; (iii) use the Platform or
the services made available on or through the Platform in any manner that could
interrupt, damage, disable, overburden, or impair the Platform or such
services, including, without limitation, sending mass unsolicited messages or
"flooding" servers with requests; (iv) use the Platform or the
Platform's services or features in violation of our or any third party's
intellectual property or other proprietary or legal rights; or (v) use the Platform
or the Platform's services in violation of any applicable law. You further
agree that you shall not attempt (or encourage or support anyone else's
attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or
interfere with the Platform or the Platform's services, or any content thereof,
or make any unauthorized use thereof. You agree that you shall not use the
Platform in any manner that could interfere with any other party's use and
enjoyment of the Platform or any of its services. You shall not obtain or
attempt to obtain any materials or information through any means not
intentionally made publicly available or provided for through the Platform.
7. Public Forums
Scores Online may, from time to time, make messaging
services, chat services, bulletin boards, message boards, blogs, other forums
and other such services available on or through the Platform. In addition to
any other rules or regulations that we may post in connection with a particular
service, you agree that you shall not upload, post, transmit, distribute or
otherwise publish through the Platform or any service or feature made available
on or through the Platform any materials which (i) restrict or inhibit any
other user from using and enjoying the Platform or the Platform's services,
(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent, (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law, (iv) violate,
plagiarize or infringe the rights of third parties including, without
limitation, copyright, trademark, trade secret, confidentiality, contract,
patent, rights of privacy or publicity or any other proprietary right, (v)
contain a virus, spyware, or other harmful component, (vi) contain embedded
links, advertising, chain letters or pyramid schemes of any kind, or (vii)
constitute or contain false or misleading indications of origin, endorsement or
statements of fact. You further agree not to impersonate any other person or
entity, whether actual or fictitious, including us or our personnel. You also
may not offer to buy or sell any product or service on or through your comments
submitted to our forums. You alone are responsible for the content and
consequences of any of your activities.
8. Right to Monitor and
Editorial Control
We reserve the right, but do not have an obligation, to
monitor and/or review all materials posted to the Platform or through the
Platform's services or features by users, and we are not responsible for any
such materials posted by users. However, we reserve the right at all times to
disclose any information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in our sole discretion are objectionable
or in violation of this Terms of Use, our policies or applicable law. Scores
Online may also impose limits on certain features of the forums or restrict
your access to part or all of the forums without notice or penalty if we
believe you are in breach of the guidelines set forth in this paragraph, our
terms and conditions or applicable law, or for any other reason without notice
or liability.
9. Private or Sensitive
Information on Public Forums
It is important to remember that comments submitted to a
forum may be recorded and stored in multiple places, both on our Web Site and
elsewhere on the Internet, which are likely to be accessible for a long time
and you have no control over who will read them eventually. It is therefore
important that you are careful and selective about the personal information
that you disclose about yourself and others, and in particular, you should not
disclose sensitive, embarrassing, proprietary or confidential information in
your comments to our public forums.
10. Linking to the
Platform
Unless otherwise specifically indicated in these Terms and
Conditions or on the Platform, you agree that: (i) if you include a link from
any other web site to the Platform, such link shall open in a new browser
window and shall link to the full version of an HTML formatted page of this
Platform; (ii) you are not permitted to link directly to any image hosted on
the Platform or our services, such as using an "in-line" linking
method to cause the image hosted by us to be displayed on another web site; and
(iii) you agree not to download or use images hosted on this Platform on another
web site, for any purpose, including, without limitation, posting such images
on another site. You agree not to link from any other web site to this Platform
in any manner such that the Platform, or any page of the Platform, is
"framed," surrounded or obfuscated by any third party content,
materials or branding. We reserve all of our rights under the law to insist
that any link to the Platform be discontinued, and to revoke your right to link
to the Platform from any other web site at any time upon written notice to you.
11. Indemnification
You agree to defend, indemnify and hold us and our
affiliates and our affiliates' directors, officers, employees and agents
harmless from any and all claims, liabilities, costs and expenses, including
attorneys' fees, arising in any way from your use of the Platform, your
placement or transmission of any message, content, information, software or
other materials through the Platorm, or your breach or violation of the law or
of these Terms and Conditions. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with our
defense of such claim.
12. Orders for Products
and Services
Scores Online may make certain products available to visitors
and registrants of the Platform. If you order any products, you hereby
represent and warrant that you are 18 years old or older or that the order is
made by one of your parents/guardians. You agree to pay in full the prices for
any purchases you make either by credit/debit card concurrent with your online
order or by other payment means acceptable to us. You agree to pay all
applicable taxes. If payment is not received by us from your credit or debit
card issuer or its agents, you agree to pay all amounts due upon demand by us.
Certain products that you purchase and/or download on or through the Platform
may be subject to additional terms and conditions presented to you at the time
of such purchase or download.
13. Third Party Web Sites
You may be able to link from the Platform to third party web
sites and third party web sites may link to the Platform ("Linked
Sites"). You acknowledge and agree that we have no responsibility for the
information, content, products, services, advertising, code or other materials
which may or may not be provided by or through Linked Sites, even if they are
owned or run by affiliates of ours. Links to Linked Sites do not constitute an
endorsement or sponsorship by us of such web sites or the information, content,
products, services, advertising, code or other materials presented on or
through such web sites. The inclusion of any link to such sites on our Site
does not imply our endorsement, sponsorship, or recommendation of that site.
Scores Online disclaims any liability for links (1) from another web site to
this Platform and (2) to another web site from this Platform. Scores Online
cannot guarantee the standards of any web site to which links are provided on
this Platform nor shall we be held responsible for the contents of such sites,
or any subsequent links. We do not represent or warrant that the contents of
any third party web site is accurate, compliant with law, or compliant with
copyright or other intellectual property laws. Also, we are not responsible for
or any form of transmission received from any linked web site. Any reliance on
the contents of a third party web site is done at your own risk and you assume
all responsibilities and consequences resulting from such reliance.
14. Embedded Video Links
Certain pages of the Platform provide the functionality for
you to "embed" videos appearing on the page on other web sites or
blog pages (together with the Player, as defined herein, the "Embedded
Video"). The functionality is provided by giving you the necessary HTML
code to include on such page to make that Embedded Video appear. If you include
the HTML on a web or blog page, the actual video stream for the Embedded Video
will be served from our servers but the Embedded Video may be rendered to the
visitor of that page as part of that page. If you elect to embed video on a
page, you agree as follows: (i) you will not alter, in any respect, the
Embedded Video (including without limitation the content, format, and length
and advertising associated therewith) from how it is served from our servers;
(ii) you will not facilitate access to the Embedded Video through any video
player or other tool other than the video player that is provided by us when
the Embedded Video appears (the "Player"); (iii) the Embedded Video
may be used as part for commercial purposes, including on an
advertising-supported page, provided that: (a) the Embedded Video shall not be
included in, or used as part of, a service that sells access to video content;
(b) you shall not insert advertising, sponsorship or promotional messages in,
or immediately adjacent to, the Embedded Video or Player; and (c) to the extent
you sell any advertising, sponsorship or promotional material to appear on the
same page that includes the Embedded Video, the page includes other content not
provided by us which is a sufficient basis for such sales. You may not block,
inhibit, build upon or disable any portion of the Player, including without
limitation links back to our site. You understand and agree that all measured
metrics related to the access and viewing of the Embedded Video shall be
credited to the Platform without limitation of any provision of these Terms of
Use, we shall have no liability to you for any reason with respect to your use
of Embedded Video and you agree to defend, indemnify and hold us and our
affiliates and our affiliates' directors, officers, employees and agents
harmless from any and all claims, liabilities, costs and expenses, including
attorneys' fees, arising in any way from your use of the Embedded Video.
15. Copyright
We respect the intellectual property rights of others, and
require that the people who use the Platform, or the services or features made
available on or through the Platform, do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement, please
forward the following information to our Copyright Agent:
Copyright Agent: e-mail:info@rmmindia.com Please Note: The
Copyright Agent has no responsibility for and will not respond to Usage/Reprint
permission requests or Subscriber/Customer Service inquiries.
16. DISCLAIMER OF
WARRANTIES
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL SERVICES,
FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE PLATFORM, ARE
PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS,
ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY,
ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR
CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCORES ONLINE DO NOT
WARRANT THAT THE PLATFORM OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS
PROVIDED THROUGH THE PLATFORM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE PLATFORM
OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SCORES ONLINE
ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING IN THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT,
IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE PLATFORM. IF YOU ARE
DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
PLATFORM. SCORES ONLINE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE
PLATFORM IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE
CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE PLATFORM AT ANY TIME AND
WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE PLATFORM,
NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING
POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS
WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION,
ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM. PLEASE SEEK THE ADVICE
OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO
FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE PLATFORM ARE PROVIDED BY
US "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A
LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND
US.
17. LIMITATION OF
LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL
WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES")
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO,
THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE CONTENT, FEATURES,
MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE
PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED
ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED,
EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH
THE PLATFORM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED
ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE
TERMS AND CONDITIONS OR YOUR USE OF THE PLATFORM EXCEED, IN THE AGGREGATE, THE
AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE PLATFORM OR PURCHASE OF
PRODUCTS VIA THE PLATFORM.
18. Applicable Laws
We control and operate the Platform from our offices in
Italy. We do not represent that materials on the Platform are appropriate or
available for use in other locations. Persons who choose to access the Platform
from other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable. All
parties to these terms and conditions waive their respective rights to a trial
by jury.
19. Termination
We may terminate, change, suspend or discontinue any aspect
of the Platform or the Platform's services at any time. We may restrict,
suspend or terminate your access to the Platform and/or its services if we
believe you are in breach of our terms and conditions or applicable law, or for
any other reason without notice or liability.
20. Changes to Terms of
Use
We reserve the right, at our sole discretion, to change,
modify, add or remove any portion of the Terms and Conditions, in whole or in
part, at any time. Changes in the Terms and Conditions will be effective when
posted. Your continued use of the Platform and/or the services made available
on or through the Platform after any changes to the Terms and Conditions are
posted will be considered acceptance of those changes.
21. Miscellaneous
The Terms and Conditions, and the relationship between Users
and Scores Online, shall be governed by the laws of Italy. You agree that any
cause of action that may arise under the Terms and Conditions shall be
commenced and be heard in the appropriate court in the town of Bari, Italy. Our
failure to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Conditions remain in full
force and effect.
United States Tennis Association
Flushing Meadow - Corona Park
USTA Billie Jean King National Tennis Center, Flushing Meadow
New York
United States - 11368