EULA
EULA (END USER LICENSE AGREEMENT)
This End User License Agreement ("EULA") is a binding legal agreement between you, as an individual or entity, and TENNIS Social MarketPlace Ltd. By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the "Software Product"), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not use the Software Product and delete it. You agree that installation or use of the Software Product signifies that you have read, understood, and agree to be bound by this EULA.
TENNIS Social MarketPlace Ltd or its subsidiaries, affiliates, and suppliers (collectively “TENNIS Social MarketPlace Ltd”) own intellectual property rights in the Software Product.
DEFINITIONS
This document will work better if we explain what we mean when we use certain words or phrases:
"User": means any person, company or other legal entity that uses TennisWin (also referred to throughout as "you").
"User Content": means any content that users upload, post, share or transmit to or through TennisWin including without limitation any text, videos, photographs, screenshots, images and links.
"Intellectual Property Rights": means any and all copyright, trade marks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, rights in computer software (including source code and object code), moral rights, author rights, rental and lending rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
"Publisher": means a person, company or other legal entity that creates or publishes any Publisher Property.
"Publisher Property": means third-party content, products or services created by Publishers which can be accessed via TennisWin and/or other third party platforms. This can include (but is not limited to): (i) software; (ii) content (such as graphics, sounds, videos, music, text, screenshots and images); and/or (iii) services offered to users.
"Agreement": means this document and any documents that form part of it or are related to it, as updated by TENNIS Social MarketPlace Ltd from time to time.
"TENNIS Social MarketPlace Ltd": We are TENNIS Social MarketPlace Limited (company number 12971345) of CMS Cameron McKenna Nabarro Olswang LLP, Cannon Place, 78 Cannon Street, London, EC4N 6AF, UK ("TENNIS Social MarketPlace" or "TennisWin" or "us" or "we" or "our" or "ours").
"TennisWin Content": means official first-party products or services provided by TennisWin which can be licensed or accessed via TennisWin. This can include (but is not limited to): (i) software; (ii) content (such as text, graphics, sounds, videos, music, screenshots and images); and/or (iii) services offered to users.
"Software Product": means a downloadable software application that enables you to access TennisWin functionality directly from your Android, iPhone, iPad or other mobile device supported by TennisWin (“Device”).
SCOPE OF AGREEMENT
This Agreement applies to any: (i) Web pages, (ii) Services, (iii) Content, (iv) Databases and (v) information together with the Software Product provided by TENNIS Social MarketPlace Ltd ("TENNIS Social MarketPlace" or "TennisWin" or "us" or "our"). Carefully read all the terms and conditions of this Agreement prior to installing this software. If You (“you” or “the user”) do not agree to these terms and conditions, You may not install this software, please do not commence the installation process and destroy any file relating to the software in Your possessions. The conditions of this Agreement may be updated by TENNIS Social MarketPlace from time to time, without prior notice to User. The use of the Services may be subjected to additional terms and conditions, which will be published by TENNIS Social MarketPlace from time to time.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this Agreement), you indicate that you agree to be bound by all of the terms and conditions of this Agreement, and that you accept this Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. TENNIS Social MarketPlace Ltd, not Apple, is solely responsible for the licensed Application and the content thereof.
We license you to download the app onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. TENNIS Social MarketPlace Ltd acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
ACCEPTANCE
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
MAINTENANCE AND SUPPORT
TENNIS Social MarketPlace Ltd is solely responsible for providing any maintenance and support services for this licensed Application. You can reach us at the email address listed in the App Store Overview for this licensed Application.
TENNIS Social MarketPlace Ltd and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
TECHNICAL REQUIREMENTS
The Application requires a firmware version 1.0.0 or higher. TENNIS Social MarketPlace recommends using the latest version of the firmware. TENNIS Social MarketPlace Ltd attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above. TENNIS Social MarketPlace reserves the right to modify the technical specifications as it sees appropriate at any time.
PRE-RELEASE ACCESS
We may make parts of the TENNIS Social MarketPlace Ltd available as a pre-release/alpha/beta version(s) from time to time. This means that it would be released with some or most of its features, but it would not be complete and would still be subject to testing/further development - therefore it may still contain bugs or errors. It is likely to therefore need patching and updating too. The pre-release period will last until we decide to end it. We do not make any promises about (or accept any liability for) any such pre-release version's contents, what it does, how it does it, how well it does it or about future updates, patches or subsequent versions - you must accept it 'as is'.
ACCESSING AND USING TennisWin
Access Requirements. In order to access TennisWin, you may need to open an account. Any personal information provided to us about you will be held and processed by us under the terms of our Privacy Policy. We may also implement verification and Digital Rights Management technology if we consider it necessary. You will need an Internet connection in order to access TennisWin.
Use of TennisWin. You are granted a non-exclusive, non-transferable, revocable, limited, worldwide and royalty-free licence to use TennisWin for authorised purposes. You must access TennisWin solely through authorised means and must not attempt to access the TennisWin through any other means, in particular not through automated means like scripts or crawlers or similar technology.
Use of TennisWin Content. You are granted a non-exclusive, non-transferable, revocable, limited, worldwide licence to use such TennisWin Content for its intended purpose only, which will vary depending on the type of TennisWin Content, subject to your full compliance with the terms of this Agreement.
PUBLISHER PROPERTY
Publishers are solely responsible for how their Publisher Property operates and how it is displayed and marketed via TennisWin or otherwise. We take no responsibility or liability for Publisher Property or how it operates or is displayed or marketed, what it does or does not contain or how it performs. Any warranties or representations regarding the Publisher Property are the Publisher's sole responsibility. The Publisher is solely responsible in particular for: (a) quality and product liability claims; (b) any claim that the Publisher Property fails to comply with any applicable legal or regulatory requirements; and (c) any claims under consumer protection or other laws.
(ii) All customer support, disputes, queries or other matters regarding Publisher Property are the responsibility of the applicable Publisher and not TennisWin.
(iii) The Publisher, not TennisWin, is responsible for ensuring that the Publisher Property does not infringe any third party Intellectual Property Rights and for dealing with any claim, issue or dispute about the same.
(iv) If you have any complaints or issues with Publisher Property, the Publisher must use good faith endeavours to resolve them with you.
(v) The Publisher is under all circumstances responsible for all legal steps and arrangements regarding its collection of personal data/personal information from Customers, including the use and maintenance of any Privacy Policy regarding Publisher Property. However, by accepting this Agreement you hereby acknowledge that TennisWin may collect certain non-personally identifiable metrics and analytics from you in order to improve its products and services as further detailed in our Privacy Policy.
LICENSE GRANT
Subject to the terms of this Agreement, TENNIS Social MarketPlace Ltd grants you a personal non-transferable, nonexclusive, limited license to download, install, execute and perform the software made available to you by TENNIS Social MarketPlace Ltd in machine readable object code form only in accordance with any documentation that accompanies it (“Documentation”) and only for use in connection with the TENNIS Social MarketPlace Ltd services.
TITLE
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with TENNIS Social MarketPlace Ltd. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
GENERAL PROVISIONS
Monitoring. We do not accept any obligation to monitor, screen, review, flag, filter, moderate or remove any User Content, Publisher Property or other content from TennisWin though we reserve the right to undertake such actions if necessary.
Updates. From time to time, the Software Product may be subject to updates (such as bug fixes, patches, new versions and enhancements). You can set whether to download such updates automatically or manually, but please note that if you turn off automatic updates then TennisWin may no longer work properly (or at all). TennisWin may at its sole discretion and from time to time change, add or remove features and functionality of the Software Product without any notice to you. TennisWin reserves the right to discontinue some or all of the features of the Software Product at any time at its sole discretion (including the provision of software updates). You acknowledge and agree that TennisWin will not be liable to you or to any third party for any modification, suspension or discontinuance of the Software Product. If you are dissatisfied with any changes to the Software Product, then your sole option is to discontinue or terminate your use of the Software Product as described herein.
Compliance. You are solely responsible for your own use of TennisWin and for any breach of your obligations under this Agreement. You are responsible for compliance with all local laws, regulation and industry practice when accessing and using TennisWin.
Ratings. You may be able to rate and review TennisWin via the Google Play and Apple Store. Please be honest and constructive in your ratings and bear in mind that you are responsible for your rating and any comments you make.
Third Party Links. You might get links from us or third parties to third party websites or content through TennisWin. Your use of them is your responsibility - we cannot promise they will work, what they will be like or if they are free.
USER CONTENT
User Content. TennisWin offers users the ability to share content via TennisWin. If you do share or use any content then it is at your responsibility and risk. We have the right (but not the obligation) to check and remove any inappropriate or illegal User Content. But we do not under any circumstances assume any responsibility or liability for User Content. TennisWin does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content.
User Content Licence. By submitting content to TennisWin, you grant TennisWin an irrevocable, worldwide, non-exclusive, royalty-free, transferable, fully paid right and licence (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed for the purposes of: (i) advertising, marketing and promoting TennisWin; (ii) displaying and sharing your User Content to other users; and (iii) providing TennisWin as authorised by this Agreement.
Confidentiality. You must not share any User Content via TennisWin which is confidential, proprietary or otherwise in breach of the terms of this Agreement. Any User Content shared by you will be considered non-confidential and non-proprietary and treated as such by TennisWin and may be used by TennisWin in accordance with User Agreement without notice to you and without any liability to TennisWin. TennisWin will not be liable for any unauthorised use of User Content by any User. All User Content you submit or upload to TennisWin may be sent to third-party verification services (including but not limited to spam prevention services).
Third Party Rights. In sharing any User Content via TennisWin you represent and warrant to TennisWin that: (i) you either own the Userr Content or have all necessary rights needed to share such User Content and grant the licences set forth in this Agreement; (ii) the posting and use by TennisWin of your content on or through TennisWin does not violate the privacy rights, publicity rights, contract rights, Intellectual Property Rights or any other rights of any person, including, but not limited to, the rights of any person visible or identifiable in any of your User Content; and (iii) the posting of your User Content on TennisWin will not require us to obtain any further licences from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties. You agree to pay all monies owing to any person as a result of posting your User Content on TennisWin.
Approval Rights. By sharing User Content via TennisWin you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content. You hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you share via TennisWin.
RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of TENNIS Social MarketPlace Ltd, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer your rights to the Software Product.
You agree not to, directly or indirectly: (a) modify, translate, copy or create derivative works based on any element of the Software, (b) reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, non-public APIs or underlying ideas or algorithms of the Software in whole or in part, except as and only to the extent this restriction is prohibited by law, (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Software available to any third party or (d) remove or obscure any proprietary or other notice contained in the Software. TENNIS Social MarketPlace Ltd owns the Software.
You acknowledge and agree that (i) the Software and the Documentation are protected by the European Union and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (ii) TENNIS Social MarketPlace Ltd retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Software, the Documentation, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, (iii) there are no implied licenses under this Agreement and any rights not expressly set forth in this Agreement are hereby expressly reserved by TENNIS Social MarketPlace Ltd and (iv) the Software is licensed, not sold and you acquire no ownership or other interest (other than the license rights expressly stated herein) in or to the Software or the Documentation.
RESTRICTIONS ON USE
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not copy any parts of the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
You may not resell any parts of the Software Product.
You may not use the Software Product as part of the software as a service.
You may not use the Software Product for advertising adult, political, or illegal content.
You may not submit personal information of other persons without their consent.
You may not do not do or say anything which is or may be considered threatening, abusive, obscene, racist, xenophobic, sexist, defamatory, pornographic, sexually explicit or otherwise offensive or illegal. This includes masked words (---), acronyms and abbreviations.
RESTRICTIONS ON ALTERATION
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
RESTRICTIONS ON COPYING
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TENNIS SOCIAL MARKETPLACE LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TENNIS SOCIAL MARKETPLACE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
UNDER NO CIRCUMSTANCES SHALL TENNIS SOCIAL MARKETPLACE LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, OR THE NEGLIGENCE OF TENNIS SOCIAL MARKETPLACE LTD OR ANY OTHER PARTY, EVEN IF TENNIS SOCIAL MARKETPLACE LTD IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS TENNIS SOCIAL MARKETPLACE LTD’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
COLLECTION OF YOUR PERSONAL INFORMATION
TENNIS Social MarketPlace Ltd may collect personally identifiable information, such as your name, e-mail, address. TENNIS Social MarketPlace Ltd may also collect anonymous demographic information, which is not unique to you, such as your age and gender, birth date, etc. We may gather additional personal or non-personal information in the future.
Information about TENNIS Social MarketPlace Ltd products usage, your computer hardware and software may be automatically collected by TENNIS Social MarketPlace Ltd. This information can include, but not limited to your IP address, access times. This information is used for the operation of the service, to maintain a quality of the service, and to provide general statistics regarding use of the TENNIS Social MarketPlace Ltd products.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through TENNIS Social MarketPlace Ltd’s public message boards, this information may be collected and used by others.
SECURITY AND INTEGRITY OF INFORMATION
We protect your information by using data security technology and using tools such as firewalls and data encryption. We also require that you use a personal username and password every time you access your account. We restrict access to information at our offices so that only officers and/or employees who need to know the information have access to it.
USE OF YOUR PERSONAL INFORMATION
TennisWin collects and uses your personal information to operate its product(s) and deliver the services you have requested. TennisWin may also use your personally identifiable information to inform you of other products or services available from TennisWin and its affiliates. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Our handling of personal information we collect through the Software Product is governed by the TENNIS Social MarketPlace Ltd Privacy Policy - https://www.tenniswin.com/privacy
We collect information from you when you (a) open an account and provide us with information through electronic registration forms; (b) place an order. You directly provide us with most of the information we collect. You do this by filling out the electronic form that we post on TennisWin. Additionally, you provide us with information when ordering, by contacting us or responding to our newsletters. The information we indirectly collect may include logging your Internet Protocol (IP) address, software configuration, operating system and use of Cookies; Cookies are small files sent from us to your device and sometimes back. Cookies ultimately help us improve your navigation and ease of use TennisWin. Cookies do not contain any personally identifiable information.
We use personal information only as appropriate to provide you quality service and security. For example, we may use the information to establish and set up your account, issue a password, log your activity and contact you from time to time. The information helps us improve our services to you, and inform you about additional products, services or promotions that may be of interest to you. Should you ever deactivate your account with us, we will keep your information on file, but only use it to comply with regulatory requirements and to contact you occasionally with the option to reactivate your account. Please note that you may opt out of our information sharing policies at any time by notifying us of your desire to do so as explained below;
Sharing Information
We do not disclose or share information about any of our users (whether active or inactive) to any affiliated third parties or non-affiliated third parties other than to respond to a court order, judicial process or to regulatory authorities; and to protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
NO WARRANTY
TENNIS SOCIAL MARKETPLACE LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. TENNIS SOCIAL MARKETPLACE LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
OPEN SOURCE
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms. Copyrights to the open source software are held by the respective copyright holders indicated therein.
GOVERNING LAW
The validity of this Agreement and the rights, obligations and relations of the parties shall be construed and determined under the European Union law and/or the laws of your country of residence, including rights as to the quality and fitness for purpose of the Software and its compliance with the description of it which was made by us prior to you accepting this Agreement.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
CONTACT US
TENNIS Social MarketPlace Ltd welcomes your questions or comments regarding the Terms:
CMS Cameron McKenna Nabarro Olswang LLP, Cannon Place, 78 Cannon Street, London, EC4N 6AF, UK
Email Address: dpo@tenniswin.com
Effective as of September 8, 2021