1. TOURNAMENT MANAGEMENT SOLUTIONS WEBSITE
The Terms of Use set forth herein apply to all users and customers of and/or visitors to the Tournament Management Solutions Website (the ”Website”), including those who are authorized contributors of content, information or other materials and/or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Tournament Management Solutions. Tournament Management Solutions has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such third party links or websites. In addition, Tournament Management Solutions will not and cannot censor or revise the content of any third party website. By using the Website, you absolve and indemnify Tournament Management Solutions of and from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be fully aware when you leave the Website and to read the terms and conditions and privacy policy of Tournament Management Solutions’ Website and of any other website that you may visit.
2. ASSUMPTION OF RISK
BY USING AND/OR VISITING THE WEBSITE, YOU KNOWINGLY ACKNOWLEDGE YOUR ASSENT TO BOTH THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF TOURNAMENT MANAGEMENT SOLUTIONS’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT www.tournamentmanagement solutions.com/privacy-policy.html AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
3. ACCESS
A. Tournament Management Solutions on a non-exclusive basis hereby grants you permission to use the Website, as set forth in these Terms of Use, provided that: (i) your use of the Website, as permitted herein, is solely for your personal, noncommercial use; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with these Terms of Use.
B. In order to access the functional features of the Website, you may be required to create your own personal account. You must never use another’s personal account without his/her express consent. To protect your personal information you must keep your account password secure. You must notify Tournament Management Solutions immediately of any breach of security or unauthorized use of your personal account. Although Tournament Management Solutions will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of others due to such unauthorized use, particularly if you have violated these Terms of Use or have been negligent in keeping your password secure.
C. You agree not to use or launch any automated systems (including without limitation, “robots”, “spiders”, “offline readers”, etc.) that accesses the website in a manner that sends more request messages to the Tournament Management Solutions servers in a given period than a user can reasonably produce in that period by using a conventional online web browser. Notwithstanding the foregoing, Tournament Management Solutions grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tournament Management Solutions reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their user Submissions.
4. INTELLECTUAL PROPERTY RIGHTS
The content on the Website, except all user submissions (as defined below), including without limitation, the text, scripts, graphics software, sounds, photos, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to Tournament Management Solutions, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tournament Management Solutions to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website or the Content therein.
5. WARRANTY DISCLAIMER
IN CONSIDERATION OF YOUR USE OF THE TOURNAMENT MANAGEMENT SOLUTIONS WEBSITE, YOU AGREE THAT SUCH USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOURNAMENT MANAGEMENT SOLUTIONS (INCLUDING ITS DIRECTORS, EMPLOYEES AND AGENTS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TOURNAMENT MANAGEMENT SOLUTIONS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS WEBSITE AND EXPRESSLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL OR PROPERTY DAMAGE, OF ANY NATURE OR KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) PERSONAL UNAUTHORIZED ACCESS TO AND/OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TOURNAMENT MANAGEMENT SOLUTIONS WEBSITE. TOURNAMENT MANAGEMENT SOLUTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBLITY FOR ANY PRODUCT OR SERVICES ADVERTIZED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED BANNER OR OTHER ADVERTISING, AND TOURNAMENT MANAGEMENT SOLUTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE PRUDENT AND REASONABLE CARE.
TOURNAMENT MANAGEMENT SOLUTIONS ACTS ONLY AS AGENT FOR CLIENTS AND OTHER INDEPENDENT PARTIES, BEYOND OUR DIRECT CONTROL, TO PROVIDE YOU WITH THE SERVICE PURCHASED. THEREFORE, WE CANNOT ASSUME ANY RESPONSIBILITY FOR THE ACTS, ERRORS, OR OMISSIONS OF THESE PARTIES; NOR CAN WE BE HELD LIABLE FOR ANY LOSS OR DAMAGE OCCURRING AS A RESULT OF FACTORS OR CAUSES BEYOND OUR DIRECT CONTROL.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL TOURNAMENT MANAGEMENT SOLUTIONSS ( INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, INACCURACIES OF CONTENT, (II) PERSONAL INJURY OF PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATON OF TRANSMISSION FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY WHATSOEVER, AND WHETHER OR
NOT TOURNAMENT MANAGEMENT SOLUTIONSS IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL BE CONSTRUED AND APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TOURNAMENT MANAGEMENT SOLUTIONSS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
7. INDEMNITY
You agree to defend, indemnify and hold harmless Tournament Management Solutions (including its officers, directors, employees and agents) of and from any and all suits, promises, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party intellectual or contractual right. The obligation of indemnification set forth herein will survive these Terms of Use and your use of the Website.
8. LEGAL AGE AND COMPREHENSION
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent to access and use the Website and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
9. ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tournament Management Solutions freely and without restriction.
