TERMS OF SERVICE

ACCEPTANCE OF TERMS

YOUR USE OF AND ACCESS TO OUR WEBSITE AT PBCLASH.COM (“Website”) AND OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THOSE IN OUR PRIVACY POLICY (“TERMS”) CREATING A LEGAL AGREEMENT BETWEEN YOU AND PBCLASH LLC (“PBCLASH”). BY ACCESSING, BROWSING OR USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.  YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS INCLUDING EXPORT CONTROL LAWS. BY USING THE SERVICES IN ANY WAY IS ACKNOWLEDGEMENT AND AGREEMENT TO THESE TERMS AND CREATES A BINDING CONTRACT BETWEEN YOU AND PBCLASH, LLC. 

REGISTRATION OBLIGATIONS

PBCLASH provides pickleball content including but not limited to a Website, tournament and ranking services, facilitation for payments as well as advertising, promotion, sale of merchandise, links to other websites, tournament payment and any other services that may be provided by PBCLASH (“Services”) and as part of these Services, you agree to provide only true and accurate, current and complete information concerning your name, address, email address, date of birth, gender, tournament information, banking/credit card information and any other information requested by PBCLASH to register, use or post on PBCLASH. You agree to maintain and update this information with any changes or as requested by PBCLASH. If PBCLASH deems any of this information is incomplete or inaccurate your right to use the Services will terminate.  Only those individuals who are 13 or older may use the service unless granted permission by their parent or guardian.  You represent and warrant that you are of legal age to form a binding contract or have your parent’s or guardian’s permission to use the Services and they agree to these Terms and Conditions on your behalf. This Website is used by a broad range of individuals, so it is the parent or guardian’s responsibility to determine if the content is appropriate for their child. 

NO WARRANTY OF SERVICES, WEBSITE FUNCTIONING AND CONTENT PBCLASH is not responsible for any inaccuracies and PBCLASH makes no representations or warranties concerning the accuracy, intellectual property infringement, legality or decency of any content contained on the Website or accessed through the Services provided or accessed through any third-party link. There may be advertisements or promotions on the Website and PBCLASH makes no representations or warranties about the products, goods or services offered through such advertisements or promotions and they are provided on an “AS IS” basis. 

THE SERVICES AND CONTENT ARE PROVIDED BY PBCLASH ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USE OF THE SERVICE WILL BE FREE OF OBJECTIONABLE OR ILLEGAL CONTENT. 

SECURE USERNAME AND PASSWORD

You must create a username and password for your account to be registered with PBCLASH. You are responsible for maintaining the security and confidentiality of your user credentials and will be responsible for all activity on your account. You agree to not share your username and password with any third party. You agree to immediately notify PBCLASH of any unauthorized use of your password and username or any other breach of security which may lead to your username and password being exposed to a third-party.  Upon termination of your session with PBCLASH, you agree to logoff to prohibit any unauthorized access to your account.

OWNERSHIP OF INTELLECTUAL PROPERTY

PBCLASH owns all right title and interest in or has the right to use all intellectual property on this Website, including images, video text, data, logos, trademarks and copyrightable content (“material”), unless otherwise noted. You agree to not copy, modify or reproduce any material from this Website, transmit it to others or display it anywhere including on your own website without the express written permission of PBCLASH and for avoidance of doubt this includes but is not limited to the PBCLASH rating system and ratings.  Such copying, transmission, modification or display constitutes a breach of this Agreement and infringes PBCLASH’s copyrights, copyrights licensed to PBCLASH from third parties, the rights of privacy of the users of PBClash.com and other intellectual property rights owned by PBCLASH or third-parties who have licensed intellectual property rights to PBCLASH. 

PBCLASH assumes no responsibility for inaccurate or missing information on this Website.  Use of any information is at your own risk. By furnishing information to the user of this Website, PBCLASH does not grant any licenses under any of its intellectual property rights. 

UPLOAD AGREEMENT

You will be allowed to upload images, text, video and other content to our Website.  You represent and warrant that you have full authority to upload that content and that such upload will not violate any copyright, trademark, patent or any other intellectual property right of any third party or PBCLASH or misappropriate any trade secret of another party or PBCLASH. You agree not to upload any content you do not have a right to make available under any law or contractual obligation or fiduciary obligation such as information learned as part of an employment relationship or under a non-disclosure agreement. You agree not to upload any content that might be abusive, tortious, vulgar, racially, or ethnically objectionable, fraudulent, harassment, deceptive, harmful, defamatory, obscene or otherwise objectionable or that violates any regulation or law or export control law. You agree not to transmit, post or upload or distribute to the Website anything that is an advertisement or solicitation of business of any kind, including but not limited to spam, junk mail, chain letters, pyramid schemes or any other form of solicitation except as directly related to the promotion of a PBCLASH related event. You agree not to upload any viruses, bots, worms or spiders. You agree not to upload anything that will cause an unreasonable load on the servers or Website infrastructure. You agree that you will not stalk or otherwise harass another or collect or store personal data about other users except as necessary to run pickleball tournaments and events. All information that you upload, you agree that PBCLASH has an unrestricted, irrevocable license to use, reproduce, display, perform, transmit distribute and modify such information. Any information that you may transmit to PBCLASH via email, upload or other form including concepts, ideas, inventions, or know-how are free to be used by PBCLASH for any purpose without the payment of any kind. PBCLASH has the right to remove any content that violates these terms of service or PBCLASH in its sole discretion finds objectionable. PBCLASH has the right to modify any uploads to resize, reposition etc. as necessary so that display for any PBCLASH business purpose is optimized.  You agree to grant and hereby grant PBCLASH a world-wide, royalty-free, non-exclusive , sublicensable, perpetual, license to make, use, sell, reproduce, publicly publish, modify, make derivative works, and publicly display on the service or at pickleball related events all intellectual property uploaded or conveyed to PBCLASH.  

USE OF PBCLASH TRADEMARKS

You are not permitted to use any of PBCLASH’s trademarks in your advertising without prior written consent of PBCLASH.  You may state that the tournament is located at PBClash.com and that players will be able to receive ratings through PBClash.com and that players should sign up via PBClash.com. PBCLASH owns trademarks ™ in the PBCLASH design, PBCLASH and PBClash.com. 

PROHIBITE USES:

SCRAPING CONTENT/STORING CONTENT/COPYING CONTENT

Scraping content or crawling or spiders on any page are not allowed whether manually or automatically. All data is for the exclusive use of PBCLASH and its users for the purpose of engaging with the PBCLASH Website and content.  You agree not to copy or store any significant portion of the content of this site or any significant portion of a page of the site. You also agree not to decompile or reverse engineer the site to try to obtain the source code or any other proprietary business information concerning the PBCLASH business or Website. 

You agree you will not harm minors in anyway, impersonate any person or entity or misrepresent your affiliation with any person or entity.

TERMS MAY CHANGE

These Terms may change from time to time.  We reserve the right to change the Terms at any time. Unless you fully agree with any new Terms, your right to use the Website will be terminated. If you access or use the Website after a change to the Terms is posted, that is an acknowledgement that you accepted all the new Terms. 

PRIVACY

PBCLASH takes the privacy of its users very seriously. Registration Data, Ranking Data, tournament data and other information is subject to our Privacy Policy.  For more information, see our Privacy Policy under the Privacy link on PBClash.com.  All the terms of the Privacy Policy are deemed part of these Terms and Conditions. 

We do not knowingly collect personally identifiable information provided to us by children under the age of 13, without parental consent, in accordance with the The Children’s Online Privacy Protection Act.   Upon learning of such collection of data, such data will be immediately erased. 

TOURNAMENT REGISTRATION FEES AND OTHER PAYMENTS

PBCLASH acts as a facilitator for tournament registration and collecting fees.  The fees are collected using the Stripe Payment Processing Platform. PBCLASH acts as a facilitator to direct your payments to the appropriate payee. You acknowledge that PBCLASH is not a bank, you will not receive interest on any funds collected, PBCLASH has no control over the tournaments registered on the Website and cannot ensure that any player will participate in any tournament or that any tournament will be held as the tournaments are posted by third-party tournament directors. Without any limitations to any other provisions of these Terms, in the event you have a dispute with one or more players, a tournament director or tournament facility, including disputes regarding payments of funds, tournament cancellations, injuries, death or theft/damage to real or personal property or other tortious acts occurring in connection with tournaments, you expressly release PBCLASH, its officers, directors, attorneys, shareholders, employees, agents from any and all claims demands, damages of every kind arising out of or in  any way connected with such disputes.  PBCLASH makes no representations or warranties about the accuracy of tournament or player information posted on the Website.  You acknowledge that tournament directors will be responsible and solely liable for any and all taxes and refunds associated with the amounts paid by you or Players and Directors. 

You agree and understand that there will be certain fees in addition to tournament fees charged such as Registration Fees, Withdrawal Fees and perhaps others which will be set forth on the payment screen.  PBCLASH will only ask for your credit card information through the online payment forms used by Stripe a third-party payment processor used by PBCLASH. The processing of payments will be subject to the terms, conditions and privacy policies of the Stripe in addition to these Terms. 

In the event PBCLASH processes a withdrawal for you from a tournament, you will be refunded a maximum of 90% of the tournament fee and will not be refunded the Registration Fee.

In the event of a tournament cancellation, Players must contact the tournament Director for a refund of the tournament fee, unless the tournament has been rescheduled.  In the event the tournament is rescheduled all players will be transferred to the new date. In the event the Player cannot participate on the new date, the Player can request a withdrawal from the tournament according to the withdrawal terms herein.  Registration fees are not refundable. The Player agrees not to seek reimbursement of the Registration Fee from PBCLASH or from the tournament Director. 

 

INDEMNIFICATION

You agree to indemnify, defend if requested, and hold harmless PBCLASH and its parents, subsidiaries, affiliates, directors, officers, employees, attorneys, agents, licensors, partners, members, successors against any and all claims, actions, liabilities, expenses, demands including reasonable attorney fees and damages, made by any third party due to or arising from the content you submit, post or transmit to or through the Website, your use of the Website, your violation of this Agreement or your violation of any rights of another including any action or claim arising from a tournament you participate in and are claimed to cause physical injury, death, or damage to personal property.

LIMITATION OF LIABILITIES

IN NO EVENT WILL PBCLASH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIDRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERUPTION, LOSS OF PROGRAMS, DAMAGE TO REPUTATION, LOSS OF DATA, EVEN IF PBCLASH IS EXPRESSLY NOTIFIED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ALL INFORMATION IS PROVIDED BY PBCLASH ‘’AS IS'’.  PBCLASH PROVIDES NO REPRENTATION AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. IN NO EVENT WILL PBCLASH BE LIABLE FOR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100 OR FOR ANY FORCE MAJEUR OR ANY MATTER OUT OF OUR CONTROL. 

CHOICE OF LAW/JURISDICTION

This agreement and the legal relations of the parties shall be governed exclusively by the laws of the State of New York without giving effect to conflicts of laws principles. Venue for any litigation, arbitration, or other action hereunder shall be located in Nassau County, New York. You agree that the courts in New York have personal and subject matter jurisdiction over any dispute arising from your use of the Website. 

EXPORT CONTROL

Nothing on this Website may be downloaded or otherwise exported into or to a national resident of Iraq, Iran, Libya, Cuba, North Korea, Syria, Russia or any other country to which the United States has embargoed goods or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.  By using or registering for this Website you represent and warrant that you are not located in, under the control of, or a national or resident of any such above identified country.                           

LINKS TO THIS WEBSITE AND TO THIRD PARTY WEBSITES

PBCLASH can revoke your right to link to the Website at its sole discretion. The Website contains links to third party websites. Because PBCLASH has no control over the content of those websites, you agree that that PBCLASH is not responsible for the content of the external sites and does not endorse and is not responsible or liable for any material, advertising, products or other materials on or available from such third-party websites.  You further agree that PBCLASH shall not be responsible or directly or indirectly liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party website material, goods, or services.  Your interactions with third-parties found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. 

ANY LINK TO THE PBCLASH WEBSITE (“Website”):

Any link to the Website may not imply that PBCLASH endorses or sponsors the third-party website.  Any link to the Website shall not libel or present false or misleading information, contain any content that is immoral, defames any nationality, religion or region, be offensive or controversial.  Deep linking to internal pages of the Website is not allowed. 

TERMINATION

PBClash is free to terminate or suspend access to your use of the Website or Services or your account, for any reason in our sole discretion, including your breach of these Terms. 

If your account is terminated, it may result in destruction of any content and history associated with your account.  We reserve the right to keep and freely use all past tournament results and rankings of Players even after termination of this agreement. 

PARTICIPATION IN TOURNAMENTS

I UNDERSTAND THAT MY PARTICIPATION IN ATHLETIC EVENTS SUCH AS PICKLEBALL TOURNAMENTS INVOLVE AN INHERENT RISK OF PHYSICAL INJURY AND EVEN DEATH AND BY REGISTERING FOR A TOURNAMENT I HEREBY ELECT TO VOLUNTARILY PARTICIPATE AND FREELY ASSUME ALL SUCH INHERENT RISKS WHETHER KNOWN OR UNKNOWN AND EVEN IF THEY ARISE FROM THE NEGLIGENCE OF PBCLASH, DIRECTORS OR OTHERS AND I ASSUME ALL RESPONSIBILITY FOR MY PARTICIPATION. I UNDERSTAND THAT SUCH PARTICIPATION MAY ALSO RISK EXPOSURE TO INFECTIOUS DISEASES SUCH AS COVID-19 WHICH COULD RESULT IN SERIOUS ILLNESS OR DEATH.  I HEREBY ELECT TO VOLUNTARILY PARTICIPATE IN THE TOURNAMENTS AND I ASSUME ALL RESPONSIBILITY FOR MY PARTICIPATION.  I HEREBY WAIVE ANY CLAIM AGAINST PBCLASH ITS OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, EMPLOYEES, TOURNAMENT DIRECTORS, TOURNAMENT FACILITIES, TOURNAMENT EMPLOYEES, TOURNAMENT PLAYERS, TOURANEMNT REFEREES, TOURNAMENT OWNERS AND LESSORS OF PREMISES, ALL TOURNAMENT PARTICIPANTS, PLAYERS, ADVERTISERS, SPONSORS, SUPPLIERS FOR ANY LIABILITY REGARDING MY PARTICIPATION IN ANY TOURNAMENT POSTED, ADVERTISED ON OR PROMOTED BY PBCLASH.

I hereby release and forever discharge, for myself and on  behalf of my heirs, representatives, assigns and next of kin,(“MY AGENTS”) HEREBY HOLD HARMLESS AND RELEASE PBCLASH, ITS OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, EMPLOYEES, TOURNAMENT DIRECTORS, TOURNAMENT FACILITIES, TOURNAMENT EMPLOYEES, TOURNAMENT PLAYERS, TOURNAMENT REFEREES, TOURNAMENT OWNERS AND LESSORS OF PREMISES, ALL TOURNAMENT PARTICIPANTS, PLAYERS, ADVERTISERS, SPONSORS, SUPPLIERS (“RELEASEES”) WITH RESPECT TO ANY AND ALL ILLNESS, DEATH, INJURY, DISABILITY, OR LOSS OR DAMAGE TO REAL OR PERSONAL PROPERTY, WHETHER ARISING FROM THE ACTIVE OR PASSIVE NEGILIGENCE OF RELEASEES, IN TORT, CONTRACT STRICT LIABILITY OR OTHERWISE FOR ANY ACTIVITY CONNECTED TO A TOURNAMENT POSTED ON THE WEBSITE OR USE OF THE SERVICES PROVIDED ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. I FOR MYSELF AND ON BEHALF OF MY AGENTS, HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ALL CLAIMS, CAUSES OF ACTION ARISING OUT OF OR CAUSED BY OR RELATING TO OR IN ANYWAY CONNECTED TO MY PARTICIPATION IN A TOURNAMENT POSTED ON THIS WEBSITE OR ADVERTISED OR PROMOTED ON THIS WEBSITE OR BY PBCLASH WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERS.   

RATINGS

PBCLASH is authorized and has the right to use, share and publicly display without your approval, your name, gender, state of residence and rating on the Website or in any advertisement or promotion or in any many in connection with PBCLASH business activity without attribution to you or a Director or anyone else.  PBCLASH does not warrant the accuracy of the ratings. If you deem your rating is inaccurate you may contact support@PBClash.com, but you agree that the ultimate decision whether to change a rating is solely PBCLASH’s decision, without recourse.  

YOUR DATA

I understand and agree that by using this Website, PBClash or its third party supplier Stripe, may process my personal data outside of my country of residence.  PBCLASH typically hosts its data on servers located in the United States, although this could change from time to time. By using this Website and submitting personal data to the Website you consent to the transfer of your personal data outside of your resident country even if the transferee country does not protect personal data to the same standard as for example the General Data Protection Regulation of countries in the EU. We will make reasonable efforts however to protect your personal data in accordance with our privacy policy. 

Your email address and phone number along with your first and last name and state of residence, ranking and your selected tournament information will be shared with Directors so that they can contact you regarding tournament information. 

SEVERABILITY

If any provision of these Terms is found to be unenforceable, illegal, invalid, or in conflict with any law, that provision will be limited or eliminated, to the minimum extent necessary, and the remaining portion shall not be affected by such determination so that these Terms shall otherwise remain in full force and effect and enforceable. 

SURVIVAL

Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, all the following Terms will survive termination: any obligation to pay PBCLASH, Directors or Players, all indemnification obligations, all licensing obligations for PBCLASH to use your content, any limitations on our liability, any Terms regarding ownership or intellectual property rights, and Terms regarding disputes between us.

ASSIGNMENT

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your PBCLASH account, in any way without PBCLASH’s prior written consent. PBCLASH may transfer assign, or delegate any of these Terms and our rights and obligations without consent.

COMPLETE AGREEMENT

You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and PBCLASH (along with Director Tournament Fee Agreement for Directors), and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.