TERMS OF USE AGREEMENT

 

Welcome to Total Global Sports (“TGS”). We maintain this web site as a service to our visitors and customers. By using the TGS services and the TGS software described below, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the TGS site (the “Site”) and your use of TGS’ event management software (the “Software”). This Agreement constitutes the entire and only agreement between TGS and you related to your use of the Software, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Software, the TGS site, the content, products or Services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the TGS Site, and you should review this Agreement prior to using the TGS Site. If you do not agree to be bound by this Agreement (or any applicable terms) and to abide by all applicable laws, you are not authorized to use the Software and the applicable TGS services and should discontinue use.

2. Use of Site and Software

You understand that the Software provides youth and amateur event management services including services for the management of sports tournaments, leagues, clubs, players, colleges and travel accommodations (the “Services”). In using our Software, you agree to pay TGS the applicable fees and taxes. The Services may only be used as authorized, and commercial use is restricted.

3. Eligibility

Use of the Services is subject to eligibility requirements. If you have not reached age of majority (18 in most of the U.S.) your parent or guardian must consent to your use.

Use of the Software and Services, including registration and creation of an account for the Services, is void where prohibited and subject to compliance with all applicable laws as described in the Compliance Section below, this Agreement and any applicable additional terms. By using the Software, Site and Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older, and if you are not of the age of majority where you reside, you will only use the Site, Software and Services with parental or legal guardian consent (following their review of this Agreement); and (d) your use of the Services does not violate any applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government including all obligations regarding the confidentiality of information relating to TGS’ customers.

4. Your Account

As a registered user of the Software and Service, you are establishing an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify TGS of any security breach of your Account. TGS shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree to provide accurate and complete information when you register with, and as you use, the Software, and you agree to update your information to keep it accurate and complete. You agree that TGS may store and use the information you provide for use in maintaining and billing fees to your Account. You understand and agree that failure to provide true and accurate information when registering your Account may result in up to and including termination of Agreement, prohibiting any future use of the Software and registration for the Services.

You agree not to use the Account, username, email address or password of another member or third party at any time or to disclose your password to any third party. You also may not create an Account for anyone other than yourself without the other person's permission. Your Account will be deleted and Services may be terminated without warning, if TGS believes that you have misrepresented your age or identity to TGS in a manner that violates this Agreement or is unlawful. Registered sex offenders and those convicted of violent crimes are not eligible for creation of an Account.

5. Content Posted

Please choose carefully the information that you post on, through or in connection with your Account and the Services (the “Content”). Information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TGS assumes no responsibility or liability for this material. If you become aware of misuse of the Software or Services by any person, please immediately notify TGS of the misuse.

TGS may reject, refuse to post or delete any Content that, in the sole judgment of TGS, violates this Agreement, is inappropriate for the Services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, TGS is not obligated to take any action not required by law. TGS, may, but assumes no responsibility or obligation for reviewing or monitoring the Services for inappropriate Content or conduct. If at any time TGS chooses, in its sole discretion, to review or monitor the Services, TGS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.

You irrevocably grant TGS the sublicensable right to use and exploit your name, persona, likeness, pseudonym, information and Content, and to share it with others, without any obligation or remuneration to you. This may include, without limitation, associating you with commercial, sponsored or related content. If you are not the age of majority where you reside, you represent and warrant that your parent or guardian has read this section and consented and agreed on your behalf.

By posting any Content on, through or in connection with the Site, Software or Services, you hereby grant to TGS a license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the Services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account at your election (collectively, "Linked Services"), including, without limitation, distributing part or all of the Services and any Content included therein, in any media formats and through any media channels. The license you grant is perpetual. Deleted Content may persist in archival copies on TGS servers for a reasonable period of time. You understand and agree that once Content is distributed to a Linked Service, or incorporated into other aspects of the Software or Services (e.g., as part of a derivative work), TGS is under no obligation to delete or ask other users or a Linked Service to delete that Content; therefore, it may continue to appear and be used indefinitely.

6. Compliance

You agree that you will abide by all applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government properly in using the Software and the Site, including all obligations regarding the confidentiality of information relating to TGS’ customers.

7. Service Availability

TGS may change, suspend or end any Service, or change and modify prices prospectively at its discretion.

8. Termination

If you fail, or TGS suspects that you have failed, to comply with any of the provisions of this Agreement, TGS, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the Software; and/or (iii) preclude access to the Services (or any part thereof).

TGS reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and TGS will not be liable to you or to any third party should it exercise such rights.

The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or visitor’s rights to further re-share content and information you shared through the Service or Software to the extent copied or re-shared prior to termination;
Sections 5, 9, 10, 11, 12, 13 and 15 of this Agreement;

Any amounts owed by either party prior to termination remain owed after termination.

All fees in connection with use of the Software and registration for Services are non-refundable. There will be no refunds or credits for cancellation of your Account, whether cancelled by you or by TGS, or for partial months or years of Service.

9. Copyright.

The Software and the content, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

10. Trademarks.

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of TGS or other third parties. You are not permitted to use the Marks without the prior written consent of TGS or such third party that may own the Marks. By uploading any trademarks, logs, or service marks on the Site, you are providing TGS rights of use to those Marks.

11. Patents

Certain TGS technologies included in the Software may be protected by the U.S Patent.

12. Use of Software

The Software and accompanying documentation that is made available on the Site is the copyrighted and/or patented work of TGS and/or its suppliers. Use of the Software is governed by the terms of this Agreement. If you do not agree to or abide by these terms, you will not be able to use the Software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software available on the Site.

13. Limited Right to Use.

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). TGS reserves the right to revoke the authorization to view, download, and print the TGS Software content available on its Site at any time, and any such use shall be discontinued immediately upon notice from TGS. The rights granted to you constitute a license and not a transfer of title.

14. Editing, Deleting and Modification.

TGS reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.

15. Indemnification.

BY USING THE SOFTWARE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD TGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SOFTWARE AND SERVICE, OR ANY ACTION TAKEN BY TGS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SOFTWARE OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TGS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

16. Nontransferable.

Your right to use the Software and Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

17. Disclaimer and Limits.

THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE AND SOFTWARE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TGS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TGS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TGS AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TGS THROUGH THE SITE OR SOFTWARE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE OR SOFTWARE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE OR SOFTWARE. TGS’ MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE OR FEE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

18. Use of Information.

TGS reserves the right, and you authorize TGS, to the use and assignment of all information regarding Site and Software uses by you and all information provided by you in any manner consistent with TGS’ privacy policy. By using the Services, Software and the Site, you consent to the collection, storage, processing, sharing and use of your data in accordance with these terms of use. By using the Services, you further agree that TGS may change, alter, or modify the settings or configurations on your device used in connection with your use of the Software and Services (e.g., in order to allow for or optimize use).

19. Third-Party Services.

TGS may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that TGS do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. TGS is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY TGS, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE TGS SITE OR SOFTWARE.

20. Links to other Web Sites.

The Site may contain links to other websites. TGS not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by TGS. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

21. Communications.

When you communicate with TGS electronically, such as via e-mail and text message, you consent to receive communications from TGS by the same method. Please note that TGS is not obligated to respond to inquiries that it receives. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TGS may interact with law enforcement regarding your use of the Software or Services. You acknowledge and agree that TGS may make your information available to law enforcement.

22. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Orange County, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with TGS or relating in any way to your use of the Site, Services, or Software resides in the courts in the State of California. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.