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Terms and Conditions
This agreement is written in English (US). To the extent any translated version
of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: January 10, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the Tennismentor.tv
Principles, and governs our relationship with users and others who interact with
Tennismentor.tv. By using or accessing Tennismentor.tv, you agree to this Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important
disclosures about how you can use Tennismentor.tv to share with others and how
we collect and can use your content and information. We encourage you to read the
Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Tennismentor.tv, and you
can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos
("IP content"), you specifically give us the following permission, subject to your
privacy and application: you grant us a non-exclusive, transferable, sub-licensable,
royalty-free, worldwide license to use any IP content that you post on or in connection
with Tennismentor.tv ("IP License"). This IP License ends when you delete your
IP content or your account unless you’re content has been shared with others, and
they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle
bin on a computer. However, you understand that removed content may persist in backup
copies for a reasonable period of time (but will not be available to others).
- When you upload any file (video or otherwise), the content moderation SOP is followed
and content posted on the portal upon appropriate approvals.
- When you publish content or information using the "public" setting, it means that
you are allowing everyone, including people off of Tennismentor.tv, to access and
use that information, and to associate it with you (i.e., your name and profile
picture).
- We always appreciate your feedback or other suggestions about Tennismentor.tv,
but you understand that we may use them without any obligation to compensate you
for them (just as you have no obligation to offer them).
3. Safety
We do our best to keep Tennismentor.tv safe, but we cannot guarantee it. We need
your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such
as spam) on Tennismentor.tv.
- You will not collect users' content or information, or otherwise access Tennismentor.tv,
using automated means (such as harvesting bots, robots, spiders, or scrapers) without
our explicit written permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme,
on Tennismentor.tv.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone
else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites
violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related
or other mature content (including advertisements) without appropriate age-based
restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Tennismentor.tv
without our prior written consent. If we consent, you take full responsibility for
the promotion, and will follow our Promotions Guidelines and all applicable laws.
- You will not use Tennismentor.tv to do anything unlawful, misleading, malicious,
or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working
of Tennismentor.tv, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Tennismentor.tv users provide their real names and information, and we need your
help to keep it that way. Here are some commitments you make to us relating to registering
and maintaining the security of your account:
- You will not provide any false personal information on Tennismentor.tv, or create
an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling
your status update to an advertiser).
- You will not use Tennismentor.tv if you are a convicted sex offender
- You will keep your contact information accurate and up-to-date.
- You will not share your password let anyone else access your account, or do anything
else that might jeopardize the security of your account.
- You will not transfer your account (including any page or content you administer)
to anyone without first getting our explicit written permission.
- If you select a username for your account we reserve the right to remove or reclaim
it if we believe appropriate (such as when a trademark owner complains about a username
that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Tennismentor.tv that infringes
or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Tennismentor.tv if we believe
that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe
we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will
disable your account when appropriate.
- If you collect information from users, you will: obtain their consent, make it clear
you (and not Tennismentor.tv) are the one collecting their information, and post
a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information
on Tennismentor.tv.
- You will not tag users or send email invitations to non-users without their consent.
6. Mobile
- We currently provide our mobile services for free, but please be aware that your
carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update
your account information on Tennismentor.tv within 48 hours to ensure that your
messages are not sent to the person who acquires your old number.
7. Payments
If you make a payment on Tennismentor.tv or use Tennismentor.tv Credits, you agree
to our Payments Terms.
8. About Advertisements and Other Commercial Content Served or Enhanced by Tennismentor.tv
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable
to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may
be associated with commercial, sponsored, or related content (such as a brand you
like) served or enhanced by us. You give us permission to use your name and profile
picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications
as such.
9. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Tennismentor.tv or our publisher
network. The following additional terms apply to you if you place an order through
our online advertising portal ("Order"):
- When you place an Order, you will tell us the type of advertising you want to buy,
the amount you want to spend, and your bid. If we accept your Order, we will deliver
your ads as inventory becomes available. When serving your ad, we do our best to
deliver the ads to the audience you specify, although we cannot guarantee in every
instance that your ad will reach its intended target.
- In instances where we believe doing so will enhance the effectiveness of your advertising
campaign, we may broaden the targeting criteria you specify.
- You will pay for your Orders in accordance with our Payments Terms. The amount you
owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our Advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number
of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for
click fraud or other improper actions that affect the cost of running ads. We do,
however, have systems to detect and filter certain suspicious activity.
- You can cancel your Order at any time through our online portal, but it may take
up to 24 hours before the ad stops running. You are responsible for paying for those
ads until such a time that the ads stop running.
- Our license to run your ad will end when we have completed your Order. You understand,
however, that if users have interacted with your ad, your ad may remain until the
users delete it.
- We can use your ads and related content and information for marketing or promotional
purposes.
- You will not issue any press release or make public statements about your relationship
with Tennismentor.tv without explicit written permission.
- We may reject or remove any ad for any reason. If you are placing ads on someone
else's behalf, we need to make sure you have permission to place those ads, including
the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold
you responsible for that violation.
10. Special Provisions Applicable to Pages
If you create or administer a Channel on Tennismentor.tv, you agree to our Pages
Terms.
11. Amendments
- We can change this Statement if we provide you notice (by posting the change on
the Tennismentor.tv Site Governance Page) and an opportunity to comment. To get
notice of any future changes to this Statement, visit our Tennismentor.tv Site
Governance Page.
- For changes to sections relating to payments, website operators, and advertisers,
we will give you a minimum of three days’ notice. For all other changes we will
give you a minimum of seven days’ notice. All such comments must be made on the
Tennismentor.tv Site Governance Page.
- We can make changes for legal or administrative reasons, or to correct an inaccurate
statement, upon notice without opportunity to comment.
12. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk
or possible legal exposure for us, we can stop providing all or part of Tennismentor.tv
to you. We will notify you by email or at the next time you attempt to access your
account. You may also delete your account or disable your application at any time.
In all such cases, this Statement shall terminate, but the following provisions
will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3,
11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.
13. Disputes
- You will resolve any claim, cause of action or dispute ("claim") you have with us
arising out of or relating to this Statement or Tennismentor.tv exclusively in
Chennai. The laws of India and Chennai in specific will govern this Statement, as
well as any claim that might arise between you and us, without regard to conflict
of law provisions. You agree to submit to the personal jurisdiction of the courts
located in Chennai for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information
on Tennismentor.tv, you will indemnify and hold us harmless from and against all
damages, losses, and expenses of any kind (including reasonable legal fees and costs)
related to such claim.
- WE TRY TO KEEP TENNISMENTOR.TV UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN
RISK. WE ARE PROVIDING TENNISMENTOR.TV "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TENNISMENTOR.TV
WILL BE SAFE OR SECURE. TENNISMENTOR.TV IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT,
INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT
OR TENNISMENTOR.TV, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN SUCH CASES, TENNISMENTOR.TV'S LIABILITY WILL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
14. Definitions
- By "Tennismentor.tv" we mean the features and services we make available, including
through (a) our website at www.Tennismentor.tv and any other Tennismentor.tv branded
or co-branded websites (including sub-domains, international versions, widgets,
and mobile versions); (b) our Platform; (c) social plugins such as the like button,
the share button and other similar offerings and (d) other media, software (such
as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services that enable others, including application
developers and website operators, to retrieve data from Tennismentor.tv or provide
data to us.
- By "information" we mean facts and other information about you, including actions
you take.
- By "content" we mean anything you post on Tennismentor.tv that would not be included
in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from Tennismentor.tv
or provide to Tennismentor.tv through Platform.
- By "post" we mean post on Tennismentor.tv or otherwise make available to us (such
as by using an application or copying data to our ftp).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate,
and create derivative works of.
- By "active registered user" we mean a user who has logged into Tennismentor.tv
at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform,
as well as anything else that receives or has received data from us. If you no longer
access Platform but have not deleted all data from us, the term application will
apply until you delete the data.
15. Other
- This Statement makes up the entire agreement between the parties regarding Tennismentor.tv,
and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion
will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed
by us.
- You will not transfer any of your rights or obligations under this Statement to
anyone else without our explicit written consent.
- All of our rights and obligations under this Statement are freely assignable by
us in connection with a merger, acquisition, or sale of assets, or by operation
of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Tennismentor.tv.
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