Terms of Use Boys Basketball Tournaments | Girls Basketball Tournaments

TERMS OF USE


These Terms of Use govern your access and use of the Platform and Services provided by Tourney Pro, LLC, an Illinois limited liability company (“Tourney Pro”).

1. THE PLATFORM AND SERVICES


These Terms of Use govern your access and use of the Platform and Services Tourney Pro provides. By continuing to browse, access and use (a) our proprietary websites tourneypro.com and/or clubcentral.com; (b) our proprietary application software commonly known as “Tourney Pro”; (the proprietary websites and application software listed in this subsections (a) and (b), collectively, are referred to herein as the Program”); and/or (c) any proprietary website using the subdomain name subdomain.clubcentral.com and created using the Program (each a “Subdomain” and, collectively, the “Subdomains”; the Program and the Subdomains are collectively referred to herein as the “Platform”), including any and all enhancements, modifications, and updates and related products and services for the Platform (the “Services”), you acknowledge and accept the terms and conditions set out below. If you do not accept, you must cease access to and use of the Platform and Services immediately.

2. CHANGES TO THESE TERMS


Tourney Pro may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change the Terms of Use in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Platform or Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to use or access) the Platform or Services.

3. OTHER APPLICABLE TERMS


In addition to these Terms of Use, the following other applicable terms also apply to your access and use of the Platform and the Services:

TOURNEY PRO PRIVACY POLICY

Where you are accessing the Platforms and/or Services because you are a User of an Organization, including Administrators, you acknowledge and agree that the use and disclosure of information collected from you, including business contact data, by Tourney Pro as part of the Tourney Pro Account creation process (“Registration Data”) and through your ongoing use of Tourney Pro, including our interactions with you relating to customer support, troubleshooting, security and other purposes shall be governed by our Privacy Policy.

You also agree that, where relevant, with regard to any information or documents you upload to Tourney Pro that are required for eligibility determinations for any leagues or tournaments you wish to enter -- including birth certificates, medical waivers, or proof of vaccination -- you are specifically directing Tourney Pro to share that information with the relevant organization, league, team or governing body that requested the information and all additional entities that are required to review it to determine eligibility for the sport, league or tournament.

TOURNEY PRO LICENSE AGREEMENT

The Platform, “Tourney Pro,” and other marks indicated on our site are trademarks of Tourney Pro. All content on the Platform, including, without limitation, the text, graphics, website design, icons, and images (the “Content”) is the property of or licensed to Tourney Pro and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that Tourney Pro has expended substantial time and effort to create the Platform, and the Content and Services provided through the Platform, and that Tourney Pro exclusively owns, or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material. Tourney Pro grants you a limited license to make personal use of the Platform pursuant to and in accordance with the terms of the License Agreement entered into by and between Tourney Pro and your Organization (the “License Agreement”). You are prohibited from using the Platform or any content for any resale or commercial purpose or any exploitation of any part of the content of the Platform for the benefit of any third party or otherwise not in accordance with the terms of these Terms of Use and the License Agreement.

4. ACCOUNT ACCESS & SECURITY


In order to access and use the Platform and Services, you may be required to register and create a Tourney Pro account (“Account”). Neither Tourney Pro nor any Organization is under any obligation to accept a request for registration of an Account, and we each reserve the right to suspend or terminate access at any time without notice for any reason, at our sole discretion. By registering an Account and using the Platform and Services, you confirm that the information, whether about yourself or about athletes in your Account, that you provide during the registration process (including, but not limited to, Registration Data) and in the Platform and Services or that is already in the Platform and Services (via an Organization or another User), is accurate. You agree to update your registration and athlete details promptly if they change. If you register an Account on behalf of an Organization, company, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to these Terms of Use (and to any related agreements, such as order forms, which you agree to on its behalf), and that you acknowledge and accept these Terms of Use on the entity’s behalf. Each User shall be responsible for ensuring the security of the Platform. You are responsible for managing the usernames, passwords, and all other access codes necessary for access to the Platform and shall not share with or otherwise distribute any such username, password, or other access code to more than one authorized user. If Tourney Pro reasonably believes that the security of the Platform has been breached, Tourney Pro shall have the right to temporarily deny access to you and/or other members of your Organization and change any access codes including usernames and passwords. You shall be responsible for monitoring capacity and performance of the hardware on which the Platform is operated

5. ELIGIBILITY 


To access the features and functionality of the Platform, you must be at least 13 years of age (or older depending on the age of majority in the territory in which you reside) and you may be required to verify your age. If you are under 13 years of age, you must immediately discontinue use or make no further use of the certain features and functionality of the Platform and Services. Some of the features are location-based services, so in order to access these you will be required to turn-on your location settings within your device. If you do not turn on these settings, you will not be able to access or use some of the Platform or Services. Your location will be tracked and treated in accordance with our Privacy Policy. Tourney Pro may, without any liability to you and in its sole discretion, suspend your Account at any time and require proof that you meet any eligibility criteria under these Terms of Use. Failure to comply and/or provide proof, will result in the closure of your Account without any further liability on the part of Tourney Pro (including refunds of any monies held within your Account).

6. USER CONTENT


Certain features of the Platforms and Services may allow you to post, upload and/or contribute content (including images, videos, or other materials) in or from the Platform (“User Content”). You represent that you have the right to post any User Content which you post to the Platform, and that such User Content does not violate these Terms of Use, applicable law, or the intellectual property, publicity or privacy rights of others. You grant Tourney Pro and its licensees a perpetual, irrevocable, nonexclusive, royalty-free license to use, copy, publish, modify, distribute, or otherwise use such User Content. Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, feedback or other information relevant to the Services and Platform (“Feedback”), provided by you to Tourney Pro are non-confidential and Tourney Pro will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are solely responsible for your own User Content, including, but not limited to, any claims, loss or damages relating to all User Content transmitted to the Platform. You understand that by using the Platform and Services, you may be exposed to User Content that is offensive, indecent, or objectionable. You understand and agree that if you submit User Content, other Users, Administrators or your Organization may view and use your User Content.

7. CHILD SAFEGUARDING


PARENTAL/GUARDIAN CONSENT

Where User Content includes an image or a video of any person who is under the age of 13 (“Child”), you confirm that you have obtained the consent of that Child’s parent or guardian before submitting it via the Platform or Services.

CHILDREN’S DATA PRIVACY

The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. The Platform and the Services are not directed to children under 13. You certify you, personally and/or on behalf of your Organization, will not permit or request that children under 13 submit information to the Platform directly.

8. ACCEPTABLE USE POLICY


You are responsible for the User Content and all other content of your communications which you contribute or send via the Platform, and you will not (nor will you aid or abet any third party to): (i) upload, post, email or otherwise transmit to the Platform any material that is (a) confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public; (b) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory, hateful or invasive of the rights of any other person or entity; (c) likely to infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual property right of any other person or entity; or (d) a virus, worm or Trojan horse, or any other computer code that is likely to disrupt, overload, harm or impair the functioning of the Platform; (ii) attempt to impersonate any other person, or otherwise misrepresent your identity, qualifications, affiliations or any other information about you; (iii) solicit other users or post any advertisement without Tourney Pro’s express written consent; (iv) attempt to disrupt, overload, harm or impair the functioning of the Platform; (v) engage in any conduct that is unlawful, disruptive or otherwise inappropriate; (v) engage in any conduct likely to deceive any person or cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (vi) engage in any conduct involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (vii) engage in any conduct that gives the impression that such conduct emanates from or is endorsed by Tourney Pro or any other person or entity, if this is not the case.

9. MONITORING; SUBDOMAINS


Tourney Pro may, but unless required by law, has no obligation to monitor the use by you and other end users of the Platform. During monitoring, any information relating to any user or their respective activities on the Platform may be examined, recorded, copied, and used to enforce these Terms of Use. Furthermore, Tourney Pro reserves the right at all times to disclose any information posted on any portion of the Platform as necessary to satisfy any law, regulation or governmental request or to enforce any applicable laws or proprietary rights or right of publication of Tourney Pro, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Tourney Pro’s sole and absolute discretion are objectionable or in violation of these Terms of Use. Tourney Pro reserves the right to monitor and approve any Subdomains you may choose to create using the Platform, and Tourney Pro may, to the extent required, in Tourney Pro’s sole and absolute discretion, cancel, terminate, delete, amend, block, revise, or otherwise alter a Subdomain and/or any User Content incorporated into the underlying website of a Subdomain, for any reason or no reason and without any required notice to you. Additionally, Tourney Pro reserves the right to make any revisions, amendments, or other changes to any Subdomain and/or any User Content incorporate into the underlying website of a Subdomain to the extent required by applicable law, as determined by Tourney Pro in its sole and absolute discretion. Tourney Pro shall not be responsible for the completeness or accuracy of any User Content on any Subdomain or for deleting any such information. Your use of and/or access to any Subdomain is at your own risk. 

Tourney Pro reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform, including, but not limited to, any Subdomain. YOU WAIVE AND HOLD HARMLESS TOURNEY PRO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Tourney Pro cannot undertake to review all User Content or other material before it is posted on the Platform and/or any Subdomain and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Tourney Pro (a) makes no warranty or representations regarding any User Content into any Subdomain by you or your affiliates, directors, employees, contractors, agents, customers, team members, or other representatives; (b) has no responsibility for any such User Content incorporated into any Subdomain by you or your affiliates, directors, employees, contractors, agents, customers, team members, or other representatives; (c) shall not be liable for any loss or damage caused by any use of or reliance upon any such User Content incorporated into any Subdomain by you or your affiliates, directors, employees, contractors, agents, customers, team members, or other representatives; and (d) has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Tourney Pro will not be liable if for any reason all or any part of the Platform, including, but not limited to, any Subdomain and/or User Content, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform and/or any Subdomains, or the entire Platform and all Subdomains, to users, including registered users.

You may link to a Subdomain, provided you do so in a way that is fair and legal and does not damage the reputation or take advantage of Tourney Pro, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Tourney Pro without Tourney Pro’s prior written consent.

Each Subdomain may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on a Subdomain.

  • send emails or other communications with certain content, or links to certain content, on a Subdomain.

  • cause limited portions of content on a Subdomain to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Tourney Pro, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions Tourney Pro provide with respect to such features. Subject to the foregoing, you must not:

  • establish a link to or from any website or Subdomain that is not owned by you.

  • cause a Subdomain or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • link to any part of the Subdomain other than the homepage.

  • otherwise take any action with respect to the materials on a Subdomain that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, with respect to any Subdomain must comply in all respects with the requirements of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to or from any Subdomain immediately to stop. Tourney Pro reserves the right to withdraw linking permission and to disable all or any social media features and any links at any time without notice in the sole and absolute discretion of Tourney Pro.

10. DISCLAIMER OF WARRANTIES


The Platform and the Services are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, Tourney Pro, its parents, subsidiaries, affiliates, including directors, employees, contractors and agents as well as partners, and licensors disclaim any and all warranties and conditions, statutory or otherwise (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement). Without limitation, Tourney Pro does not warrant that the Platform, or access to or use of the Services will: be uninterrupted; be free from inaccuracies, errors, viruses or other harmful components; meet your requirements; or operate in the configuration or with the version of device or operating software you use.

11. LIMITATIONS OF LIABILITY


NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL TOURNEY PRO OR ANY OTHER ENTITY THAT IS PART OF TOURNEY PRO, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THESE TERMS OF USE, THE PLATFORM, ANY SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF TOURNEY PRO, OR ANY OTHER ENTITY THAT IS PART OF TOURNEY PRO, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.

AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TOURNEY PRO OR ANY OTHER ENTITY THAT IS PART OF TOURNEY PRO, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS AND AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE, THE PLATOFRM, AND ALL SERVICES EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.

MANDATORY APPLICABLE LAWS. THE PRECEDING CLAUSES SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAWS. THE EXTENT OF THIS EXCEPTION IF ANY WILL DEPEND ON THE COUNTRY IN WHICH YOU RESIDE AND THE CAPACITY IN WHICH YOU USE THE PLATFORM.

12. THIRD PARTY WEBSITES AND CONTENT


For your convenience, the Platform may provide links to websites and/or content of other persons or entities or information about third parties not owned or controlled by Tourney Pro (“Third-Party Content”). Tourney Pro shall not be responsible for the completeness or accuracy of any information hosted or provided by any Third-Party Content or for deleting any such information. Your use of and/or access to the Third-Party Content is at your own risk and subject to the applicable terms and conditions of such Third-Party Website. Tourney Pro makes no warranty or representations regarding any Third-Party Content, has no responsibility for any such Third-Party Content, and shall not be liable for any loss or damage caused by any use of or reliance upon any Third-Party Content.

13. TERMINATION


Tourney Pro may terminate your password, Account (or any part thereof) or use of the Platforms or Services or remove and discard any User Content or information stored, sent, or received via the Platforms or Service, including, but not limited to, any Subdomain or underlying website, without prior notice and for any reason or no reason. Termination, suspension, or cancellation of these Terms of Use or your access rights to the Platform and/or Services shall not affect any right or relief to which Tourney Pro may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Tourney Pro.

14. INDEMNIFICATION


Tourney Pro provides the Platform and Services solely as an accommodation to you, and Tourney Pro will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless Tourney Pro and its partners, employees, vendors and agents, from and against any and all claims that arise from or relate to: (a) your use of the Platform or Service; (b) the use of any User Content by Tourney Pro; or (c) your breach of any provision of these Terms of Use.

15. NOTICE FOR CALIFORNIA USERS


Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 958134, or by telephone at (800) 952-5210.

16. INFRINGEMENT POLICY


Tourney Pro respects the intellectual property rights of others, and we ask our users to do the same. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we reserve the right, but not the obligation, to terminate your Account and license to use the Platform if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content or other materials accessible via the Platform and/or any Subdomain infringe your intellectual property, please send a written notice to the agent identified below to request a review of the alleged infringement to Tourney Pro at the following address via first class mail:

Attn: DMCA Notice
Tourney Pro, LLC
2500 W Higgins Road, Suite 1105
Hoffman Estates, Illinois 60169
By Email: info@tourneypro.com
Attn: DMCA Notice

Any written notice regarding any defamatory or infringing activity must include the following information: (a) your name, address, telephone number, and email address; (b) physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (c) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works, or, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials; (d) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tourney Pro to locate the material; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

17. JURISDICTION 


These Terms of Use will be governed by the laws of the Delaware, without regard to its rules of conflict of laws. The state and federal courts located in New Castle County, Delaware, will have exclusive jurisdiction over any case or controversy arising from or relating to these Terms of Use, the Platform, or the Services. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy arising from or relating to these Terms of Use, the Platform, or the Services.

18. ASSIGNMENT 


Your rights and obligations under these Terms of Use are personal to you and may not be assigned to any other party.

19. FORCE MAJEURE


Tourney Pro be deemed to be in breach of these Terms of Use for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of Tourney Pro.

20. WAIVER


Tourney Pro will not be deemed to have waived any breach by you of these Terms of Use, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.

21. SEVERABILITY 


If any provision of these Terms of Use is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

22. COMPLETE UNDERSTANDING 


These Terms of Use constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.

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Last updated on November 6, 2023