July 13, 2008
Welcome to MyTennisCircle, a social networking site that connects you with tennis players around the world. The MyTennisCircle services and network is operated by Tico Enterprises, Inc. By accessing or using our website at www.mytenniscircle.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether you are a "Visitor" (which means that you simply browse the MyTennisCircle Website, including through a mobile device, or otherwise use the MyTennisCircle Services without being registered) or you are a "Member" (which means that you have registered with MyTennisCircle).  The term "User" refers to a Visitor or a Member. We (the company) reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. It is important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Please choose carefully the information you post on or through the MyTennisCircle Services and that you provide to other Users. Your MyTennisCircle profiles may not include any form of Prohibited Content (refer to prohibited content).  Despite this prohibition, information, materials, products or services provided by other MyTennisCircle Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and MyTennisCircle assumes no responsibility or liability for this material.  If you become aware of misuse of the MyTennisCircle Services by any person, please report it by contacting MyTennisCircle.
MyTennisCircle reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the MyTennisCircle Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.  MyTennisCircle expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the MyTennisCircle Services if MyTennisCircle determines, in its sole discretion that you have violated this Agreement or pose a threat to MyTennisCircle and/or its Users.
By using the MyTennisCircle services you (the user) represent and warrant that all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; you are 14 years of age or older; and your use of the MyTennisCircle Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
You acknowledge that MyTennisCircle reserves the right to charge for any portion of its services (if any), and to change its fees from time to time in its sole discretion. If MyTennisCircle terminates your account because you have breached the agreement, you shall not receive a refund of any unused portion of fees or payments. When you sing up with MyTennisCircle, you have to choose a password. You are completely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You are completely responsible for any and all use of your account.

 Illegal and/or unauthorized use of the MyTennisCircle Services, including collecting usernames, contact information, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyTennisCircle Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. MyTennisCircle reserves the right to take appropriate legal action for any illegal or unauthorized use of the MyTennisCircle Services.  You represent and warrant that: you own the content posted by you on or through the MyTennisCircle Services and that the posting of your Content on or through the MyTennisCircle Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the MyTennisCircle Services. MyTennisCircle reserves the right to delete or reject any material for any or no reason. MyTennisCircle assumes no responsibility for monitoring the MyTennisCircle services for inappropriate usage, content or conduct. MyTennisCircle 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 are solely responsible for the Content that you post on or through any of the MyTennisCircle Services, and any material or information that you transmit to other Members and for your interactions with other Users.

Prohibited content:
The following are examples of the kind of Content that is illegal or prohibited to post on or through MyTennisCircle.  We (the company) reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from MyTennisCircle and terminating the Membership of such violators.  Prohibited Content includes, but is not limited to content that

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, excessive violence, or offensive subject   matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• publicly posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or any of the sort;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without prior written consent from MyTennisCircle such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
• Advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of MyTennisCircle.  You may not transmit any chain letters or junk email to other Members. MyTennisCircle reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyTennisCircle deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the MyTennisCircle Services, you acknowledge that you will have caused substantial harm to MyTennisCircle, you agree to pay MyTennisCircle $60 for each such unsolicited email or other unauthorized commercial communication you send through the MyTennisCircle Services;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the MyTennisCircle Services;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• covering or obscuring the banner advertisements on your personal profile page, or any MyTennisCircle page via HTML/CSS or any other means;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring any of your profiles;
• displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the MyTennisCircle Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose

You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MyTennisCircle has the right to terminate the Membership of infringers. You are solely responsible for your interactions with other MyTennisCircle members.
Disclaimers:
MyTennisCircle is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the MyTennisCircle Services, whether caused by Users of the MyTennisCircle Services or by any of the equipment or programming associated with or utilized in the MyTennisCircle Services and such User Content does not necessarily reflect the opinions or policies of MyTennisCircle.  Profiles and third party applications created and posted by Members on the MyTennisCircle Website may contain links to other websites. MyTennisCircle is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by MyTennisCircle. Inclusion of any linked website on the MyTennisCircle Services does not imply approval or endorsement of the linked website by MyTennisCircle.  When you access these third party sites, you do so at your own risk. MyTennisCircle takes no responsibility for third party advertisements or third party applications that are posted on or through the MyTennisCircle Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyTennisCircle is not responsible for the conduct, whether online or offline, of any User of the MyTennisCircle Services.  MyTennisCircle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MyTennisCircle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MyTennisCircle Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MyTennisCircle Services.  Under no circumstances shall MyTennisCircle be responsible for any loss or damage, including personal injury or death, resulting from use of the MyTennisCircle Services, attendance at a MyTennisCircle event, from any User Content posted on or through the MyTennisCircle Services, or from the conduct of any Users of the MyTennisCircle Services, whether online or offline.

Liability Limitation:
In no event shall MyTennisCircle be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the MyTennisCircle services, even if MyTennisCircle has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MyTennisCircle’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MyTennisCircle for the MyTennisCircle services during the term of your membership.
Indemnity:
You agree to indemnify and hold MyTennisCircle, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of YOUR USE of the MyTennisCircle Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the MyTennisCircle Services causes MyTennisCircle to be liable to another.

Acceptance
This Agreement is accepted upon your use of the MyTennisCircle Website or any of the MyTennisCircle Services and is further affirmed by you becoming a Member.  This Agreement constitutes the entire agreement between you and MyTennisCircle regarding the use of the MyTennisCircle Services.  The failure of MyTennisCircle to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect. MyTennisCircle.com is a pending trademark of Tico Enterprises, Inc.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.
Please contact us for any questions regarding this agreement at:
info@mytenniscircle.com