Use
of this site signifies your acceptance of the Terms and Conditions
It is very important that you (and your parents, if you're under 18) review the
following rules so that you know what you can and cannot do on
tennisteacher.com. By using this site, you and your parents agree to abide by
the following terms and conditions:
Basic
Summary:
1. The activities and games here are just for you to play and/or learn with
while on the site. You can't sell them, trade them for anything, or pretend you
made them. If you wish to do anything EXCEPT play and learn or teach with them,
you can't unless you have our express written permission first. The
photos on this site are copyrighted and must not be used on any web page,
directly or indirectly.
When we are asked for permission to use the photos on other sites, to keep the
photos unique to this site, permission is always refused. You may download the
photos and store them on your own machine for your own personal use, for example
as the main background or in a viewer, enjoy the photos! You are not allowed to
download them onto a machine that you do not own, e.g., machines in a school,
College, University, Library or Cybercafe, etc., or load them onto a server. Furthermore,
you are not allowed to post the photos in Newsgroups, or any similar service,
and you are not allowed to distribute the photos on any storage media.
If there is
anything you are unsure of about this, please e-mail support@tennisteacher.com
and we will do our best to give you an answer as quickly as possible.
2. The solicitation of passwords is strictly prohibited. If you ask for another
user's password, for any reason, your account will be frozen. If you do see
anything mean or nasty on the site, or anyone asking for passwords, please
e-mail us immediately at abuse@tennisteacher.com
so that we can remove it right away.
3. If you write something that catches our eye on a message board or in a chat
room, we might want to use it on the site or elsewhere when talking about the
site. By sending in your comments and using the chat rooms, and getting your
parents' permission to do so, you (and your parents) are agreeing that it's okay
to repeat on the site and elsewhere what you say, and it's even all right for us
to put it in an advertisement. So, this means we can use it in any way we want,
anywhere, until the end of time. If you're under age 18, remember to ALWAYS
check with your parents before you send
anything to us or post anything on the site!
4. By uploading or otherwise submitting any materials to tennisteacher.com, you
(and your parents) are automatically granting us permission to use those
materials for free in any manner we can think of forever throughout the
universe. These materials must be created ONLY by the person submitting them
-- you cannot submit someone else's work. If you're under age 18, again, ALWAYS
check with your parents before you send anything to us or post anything on the
site!
5. You understand that, as part of learning/playing on the tennistacher.com
site, you will receive e-mail from tennisteacher.com that lets you know when
certain events happen, etc. You also agree that occasionally tennisteacher.com
will send you special offers that you are under no obligation to accept. You
understand that you may freely delete your e-mail from "My
Preferences" at any time, but that doing so may detract from your enjoyment
of the site, as you will no longer receive e-mails or tennisteacher.com
newsletters.
6. You understand and agree that you will not post any:
· profanity or obscenities (i.e., "swear words")
· personal attacks on other people
· slanderous, defamatory, obscene, pornographic, threatening and harassing
comments and/or images
· materials created by someone else without their express written permission to
do so
· private or personal information that might identify another user
BEWARE: If you do, then we can and will remove all messages you have posted,
your items, and everything associated with your account.
7. Attempting to gain access to someone else's account and/or account
information, hacking, or trying to get other people's passwords is STRICTLY
FORBIDDEN. If you are found to have hacked, or to have tried to get anyone
else's passwords, then your account will be deleted and you will be permanently
banned from the site.
Note - No member of
tennisteacher.com
staff will EVER ask you for your password! Please email us at abuse@tennisteacher.com
Following is the "Long Version" of the tennisteacher.com
Terms and Conditions:
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
(the "Site").
This site is fully controlled and operated by Emerald FX Multimedia (referred to
below as "emeraldfx," "tennisteacher.com," "we,"
"us," and "our"). By accessing and using this site, you
agree to be legally bound by these terms of use. If you do not agree to these
terms, please do not use the site. We reserve the right, at our sole discretion,
to change, modify, add to, or otherwise alter these terms and conditions at any
time. Such changes and/or modifications shall become effective immediately upon
their posting, so please review the terms and conditions posted at this link
periodically. Your continued use of the site following the posting of changes
and/or modifications will constitute your acceptance of the revised Terms and
Conditions (including the tennisteacher.com Privacy Policy). For your
information, this page was last updated on Febuary 25, 2001.
OWNERSHIP
OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All site software, designs, text, images, photographs, illustrations, audio
clips, video clips, artwork, graphic material, or other copyrightable elements,
and the selection and arrangements thereof, and trademarks, service marks and
trade names (the "Materials") are the property of tennisteacher.com,
and/or its subsidiaries, affiliates, assigns, licensors or other respective
owners, and are protected, without limitation, pursuant to US and foreign
copyright and trademark laws. Users are not permitted or authorized to copy,
reproduce, republish, upload, post, transmit, or distribute Materials (or any
portion thereof) in any way or by any means, except that you may download one
copy of appropriately limited portions of the Materials on any single computer
for your personal, noncommercial use only, provided you keep intact all
copyright and other proprietary notices. Modification of Materials or use of
Materials for any other purpose is a violation of tennisteacher.com' copyright
and other proprietary rights. For purposes of these Terms and Conditions, use of
any Materials in any unauthorized manner (including, without limitation, on web
pages or sites that contain paid or free advertisements, third-party
endorsements of any kind or nature, promotions, products, games, services, or
other inappropriate content) is strictly prohibited. Tennisteacher.com hereby
grants you a personal, non-exclusive, nonassignable, revocable, nontransferable
license to use and display, for noncommercial and personal use only, one copy of
appropriately limited portions of the Materials and/or software that are
downloadable from this site, including, without limitation, any files, codes,
audio, or images incorporated in or generated by or in conjunction with the site
and/or tennisteacher.com, provided that you maintain all copyright and other
notices contained in such Materials. You agree not to reproduce, modify, create
derivative works from, display, perform, publish, distribute, disseminate,
broadcast, sell, decompile, reverse engineer, disassemble, or circulate any
Materials to any third party (including, without limitation, display and
distribute the Materials via a third party website) without tennisteacher.com
express prior written consent. Unauthorized or prohibited exploitation of
Materials will result in deletion of the offender's account from the site, and
may subject the offender to civil liability and criminal prosecution under
applicable federal and state laws.
Tennisteacher.com'
USE OF USER SUBMITTED MATERIALS
By uploading or otherwise submitting any materials to us and/or the site, you
(and your parents, if you're under age 18) automatically grant (or warrant that
the owner of such rights has expressly granted) to tennisteacher.com a
perpetual, royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from, and
distribute such materials or incorporate such materials into any form, medium,
or technology (now known or hereafter developed or devised) throughout the
universe. In addition, you warrant that all so-called "moral
rights" and other rights recognized throughout the world (including without
limitation, the European Economic Community) in those materials have been
waived.
CHATROOMS,
E-MAIL, and MESSAGE BOARDS
To the extent that portions of this site provide users an opportunity to post
and/or exchange information, ideas, and opinions ("Postings") in
chatrooms and message boards ("Forums"), and via Academy Mail, please
be advised that Postings do not necessarily reflect the views of
tennisteacher.com. Although we periodically monitor the Forums, in no event does
tennisteacher.com assume or have any responsibility or liability for any
Postings or for any claims, damages or losses resulting from their use and/or
appearance on or in conjunction with this site or elsewhere. Nonetheless, we
will make reasonable efforts to ensure that the Forums serve the best interests
of all users and, therefore, we reserve the right to edit, delete, or refuse to
post any Posting that violates these Terms and Conditions, as well as revoke the
privileges of any user who does not comply with these Terms and Conditions.
You hereby understand and agree that tennisteacher.com does not allow
Postings that contain:
· profanity or obscenities
· personal attacks on other people
· slanderous, defamatory, obscene, pornographic, threatening and harassing
comments and/or images
· materials created by someone else without their express written permission to
do so
· private or personal information that might identify another user
· other information that tennisteacher.com deems, in its sole discretion, to be
inappropriate for this site.
You hereby further agree that you will not upload to, distribute through, or
otherwise publish through or in conjunction with the site, any Postings that are
libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable, or that would
constitute or encourage a criminal offense, violate the rights of any person, or
otherwise violate any law or give rise to liability. Further, you hereby
represent and warrant that you have all necessary rights in and to all Postings
you provide and all information they contain.
The Forums and Academy Mail may be used for noncommercial purposes only. You are
not permitted, without our express written approval, to distribute or otherwise
publish any Postings containing any solicitation of funds, endorsements,
promotions, advertising (free or paid in money, or solicitations for goods or
services of any kind or nature. You specifically acknowledge that soliciting
other tennisteacher.com' users to join or become members of any commercial
online service or other organization or group is expressly prohibited. You (and
your parents, if you're under age 18) hereby authorize us to use, and to
authorize others to use, your Postings and submitted opinions and materials in
whole or in part, throughout the universe in perpetuity in any form, medium, or
technology (now known or hereafter developed or devised throughout the universe)
alone or together or as part of other Materials of any kind or nature. Without
limiting the foregoing, you hereby grant to tennisteacher.com the right to use
and change the Postings in any manner that tennisteacher.com may determine. It
is our policy to respect the privacy of all of our users. Therefore, in addition
to the privacy afforded our users' registration data (please see our Privacy
Policy), we do not monitor, edit, or disclose the contents of user Academy Mail
unless required in the course of normal systems' maintenance or in our good
faith belief that such action is necessary to:
(1) comply with the law or legal process served on tennisteacher.com;
(2) protect our users or the public; or
(3) protect the rights or property of tennisteacher.com. Accordingly,
users shall remain solely responsible for the content of their messages.
Notwithstanding the foregoing, tennisteacher.com may sweep its chatrooms and/or
message boards periodically in its sole discretion.
DISCLAIMER
AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, tennisteacher.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. tennisteacher.com DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. tennisteacher.com
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY,
ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS
WITH YOU. YOU (I.E., NOT tennisteacher.com) ASSUME THE COMPLETE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
tennisteacher.com, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO
THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR
OTHERWISE SUPPLIED BY tennisteacher.com OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL tennisteacher.com HAVE ANY
LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third
parties does not constitute an endorsement by tennisteacher.com, its
subsidiaries and affiliates, of the opinions or views expressed by these third
party web sites. Tennisteacher.com explicitly disclaims any responsibility for
the accuracy, content, availability, currency, completeness or quality of the
content contained at these sites. Further, tennisteacher.com is not responsible
for the quality or delivery of the products or services offered, accessed,
obtained by or advertised at such sites. As such, neither tennisteacher.com nor
its subsidiaries and affiliates are responsible for any errors or omissions or
for the results obtained from the use of such information contained in these
sites. Tennisteacher.com encourages discretion when browsing the Internet using
anyone's service. Because some sites employ automated search results or
otherwise link you to sites containing information that may be deemed
inappropriate or offensive, tennisteacher.com cannot be held responsiblefor the
accuracy, copyright compliance, legality, or decency of materialcontained in
third-party sites, and you hereby irrevocably waive any claim against us with
respect to such sites. Thus, under no circumstances will tennisteacher.com be
liable for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation, infringement of
copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within
these third party hyperlinked sites. Tennisteacher.com cannot ensure that you
will be satisfied with any products or services that you obtain from a
third-party site that links to or from tennisteacher.com, since such sites are
owned and operated by third parties. Tennisteaacher.com does not endorse any of
the merchandise or services, nor has tennisteacher.com taken any steps to
confirm the accuracy or reliability of any of the information contained on such
third-party sites. Tennisteacher.com does not make any representations or
warranties as to the security of any information (including without limitation,
credit card and other personal information) you may be required to provide on a
third-party site, and you hereby irrevocably waive any claim against
tennisteacher.com with respect to such sites. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third parties.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless tennisteacher.com, its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers to the site from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these Terms and Conditions by you.
tennisteacher.com reserves the right to assume, at its sole expense, the
exclusive defense and control of any matter subject to indemnification by you,
in which event you will fully cooperate with tennisteacher.com in asserting any
available defenses.
MISCELLANEOUS
tennisteacher.com operates and controls this site from its offices in the Los
Angeles suburbs, California, in the United States of America. Tennisteacher.com
makes no representation that the site is appropriate or available in other
locations. Accordingly, those persons who choose to access this site 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. Software from this
site is subject to United States export controls. Thus, no software from this
site may be downloaded, exported or re-exported (a) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the United States has embargoed goods; or (b) to anyone on the US
Treasury Department's list of Specially Designated Nationals or the US Commerce
Department's Table of Deny Orders. By downloading any software, you represent
and warrant that you are not located in, under the control of, or a national or
resident of, any such country or on any such list.
These Terms and Conditions are effective until terminated by either party. Users
may terminate this Agreement by destroying all Materials (including without
limitation, all related documentation and all copies and installations thereof,
whether made under these Terms and Conditions or otherwise) obtained from this
site (or any other web site or source). The privileges granted to you under this
Agreement will terminate immediately and automatically without notice from
tennisteacher.com if, in our sole discretion, you fail to comply with any term
or provision of these Terms and Conditions. Upon such termination, you must
destroy all Materials obtained from this site (or any other web site or source),
and all copies thereof, whether or not made under the terms of this Agreement.
This Agreement contains the entire understanding of you and tennisteacher.com,
and supersedes all prior understandings of the parties hereto relating to the
subject matter hereof, and cannot be changed or modified except by a writing
signed by you and an authorized signatory for tennisteacher.com. If any
provision of this Agreement is found to be illegal or unenforceable, the
Agreement will be deemed curtailed to the extent necessary to make it legal and
enforceable and will remain, as modified, in full force and effect. This
Agreement and all matters or issues collateral thereto will be governed by,
construed, and enforced in accordance with, the internal laws of the State of
California applicable to contracts executed and performed entirely therein
(without regard to any principles of conflict of laws). You hereby agree that
any action at law or in equity arising out of or relating to these Terms and
Conditions or the site shall be filed only in the state or federal courts
located in the County of Los Angeles, in the State of California. Further, you
hereby expressly consent and submit to the personal jurisdiction of such
courtsfor the purposes of litigating any such action.