OWNERSHIP AND USE RESTRICTIONS
The Site is owned by the WTA, Inc. ('we,' 'our,' or 'us').
We currently provide users with various features and services, including video, live scores, charity auction and other interactive and non-interactive features ('Services'), all of which may be updated, deleted or otherwise modified from time to time at our sole discretion. In addition, we also provide access to certain footage (video and audio), photos, text, images, statistics, logos and other intellectual property related to or otherwise associated with the WTA ('Tennis Content') which are either owned by or licensed to us.
You understand and agree that the Site, the Services and the Tennis Content are provided "AS IS" and that the Operator Parties (as defined below) assume no responsibility in connection with your use of the Site, the Services and the Tennis Content. We maintain this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may only download or stream certain Tennis Content and Services available on the Site to any single personal computing device for your personal, noncommercial use, provided you maintain all copyright and other proprietary notices contained on the materials. You may not use any of the Tennis Content or Services for commercial purposes. The Services may not be viewed in areas open to the public or in commercial establishments where multiple people can view it at the same time. Further, you may not distribute, reproduce, republish, publicly display, modify, retransmit, broadcast, repost, frame or use any of the Tennis Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, without our prior written consent, which consent may be withheld by us in our sole discretion. Any such use of the Tennis Content and Services is a violation of copyright and other proprietary rights.
Blackout restrictions may apply to Services which allow you to watch video of live games. Blackout restrictions are designed to protect the television rights holders in the respective local telecast territories, as well as national telecasters. The Tennis Content is provided for your reference only, and you should not rely upon it for any purpose. We are not responsible for the Tennis Content's accuracy and reliability. We are not responsible to you or anyone else based on the content of the Tennis Content or Services. We do not warrant or represent that your use of the Tennis Content or Services will not infringe rights of third parties not owned by or affiliated with us.
The software, including any files, images incorporated in or generated by the software, and data accompanying the software, used in connection with the Site, the Services or the Tennis Content (collectively, 'Software') contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to us. Other than the limited right to use the Software for your personal, noncommercial use in connection with the Site, you have no rights to the Software. You agree not to redistribute, sell, auction, decompile, reverse engineer or disassemble the Software, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that we provide for use in accessing the Services. The Software may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. The Software may not be downloaded or exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any Software or other technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
In consideration of your use of the Services which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. Some of the Services may not be available to children under age 13 without the permission of a parent or guardian. If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that the Operator Parties and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this provision.
The Services may include opportunities for you to send messages or postings in connection with various features including electronic mail, chats with special guests and forums to communicate with other users ('Message Features').
You must use Message Features in a responsible manner. You must not transmit any message ('Message') in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
Although we may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute our approval or endorsement of such Message.
If you choose to submit to the Site any Message (see above regarding 'Messages') or any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, 'Submissions'), you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, right of privacy or publicity or other intellectual property or proprietary rights of any other person or company, and that such information does not injure any other person or company. By transmitting any Message or Submission, you are automatically granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to the Site will be owned by and may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain our property. We also have the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
Online, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product, brand or service ('Commercial Site') may not link to the Site without our express prior written consent, even if the page/area where the link originates does not promote a product, brand or service. Online, cable, wireless or other sites, services or browsers other than Commercial Sites may create a link to the homepage of the Site through a plain-text link, without our prior written consent. All links to the Site must be to its homepage. 'Deep Linking' to internal pages of the Site is expressly prohibited. You may not use any trademarks or service marks as links to the Site from other Web sites, or as machine readable search terms such as metatags.
The Site and/or Services may contain links and pointers to other Web sites or Internet locations which have been provided for your convenience only. We do not endorse, sponsor, or approve of any content of such Web sites. We have not reviewed any or all of the Web sites linked to the Site and have no control over any of the Web sites that you may access through the Site. We are not responsible for the content or accuracy of the content of any such Web site. If you access any other Web site or Internet location through the Site, you do so at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Certain Services may provide you with the ability to embed Tennis Content into other Web sites, such as features of the Video on Demand which enable you to embed video into your blog, fan site or other web page. All use of embedded Tennis Content must be for non-commercial purposes only, and may be disabled by us at any time. Prohibited commercial uses include any of the following actions taken without our express permission: (i) selling access to embedded Tennis Content on another website; (ii) using embedded Tennis Content for the primary purpose of gaining advertising or subscription revenue; (iii) creating a Web site that does nothing more than aggregate a collection of embedded Tennis Content and intentionally trying to generate ad revenue from them; (iv) using embedded Tennis Content that we find, in our sole discretion, to use our resources with the effect of competing with or displacing the market for Tennis Content. Prohibited commercial uses do not include using embedded Tennis Content to show videos on an ad-enabled blog or website, provided the primary purpose of using the embedded Tennis Content is not to gain advertising revenue or compete with the Site or the Operator Parties.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We assume no liability or responsibility for any errors or omissions in the content of the Site.
Neither we nor our affiliates, licensors, licensees, vendors, business partners and our respective employees, directors, officers, general and limited partners, members, shareholders, agents and representatives (collectively, 'Operator Parties') make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to use and access the Site, the Services, the Tennis Content and any other materials located on the Site, you do so at your own initiative and risk and are responsible for compliance with all applicable laws.
THE SITE, SERVICES, TENNIS CONTENT AND OTHER MATERIALS LOCATED ON THE SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE OPERATOR PARTIES DO NOT WARRANT THAT (i) THE SITE, SERVICES, TENNIS CONTENT AND OTHER MATERIALS LOCATED ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER GENERATED CONTENT) ARE ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR (ii) THE SITE, SERVICES, TENNIS CONTENT AND OTHER MATERIALS LOCATED ON THE SITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY TENNIS CONTENT, OR THE USE OR INABILITY TO USE THE SITE, THE SERVICES OR ANY TENNIS CONTENT. IN NO EVENT SHALL THE OPERATOR PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THE SITE, IF ANY.
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 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE OPERAOR PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any of your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Site that is requested to be removed; (iii) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (iv) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the you or the law; (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement. Our copyright agent for notice of claims of copyright infringement on the Service is Diana Myers, WTA, who can be reached as follows:
100 Second Ave. S.
St. Petersburg, FL 33701
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3), and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law provides significant penalties for submitting such a statement falsely.
CHOICE OF LAW
We may give notices to users of the Site by posting a message on the Site, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. You may give notice to us (such notice shall be deemed given when received) at any time by any of the following means:
1. Electronic mail to firstname.lastname@example.org;
2. Letter faxed to Legal Department, WTA, at the following fax number: +1.727.822.3455; or
3. Letter delivered by first class postage prepaid mail or courier to the WTA at the following address: WTA, 100 Second Ave. S., Suite 1100-S, Attn: Legal Department, St. Petersburg, FL 33701.
Copyright 2010 WTA, Inc. All rights reserved.