Terms of Use

Terms of Use

Agreement between user and Tournament Manager

Welcome to Tournament Manager. The tournamentmgr.com website and the Tournament Manager application (the “Platform”), is comprised of various pages operated by Tournament Manager LLC ("Tournament Manager,” “we,” “us” or “our”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Our terms apply to all visitors, tournament creators, managers of tournaments, participants of tournaments, and others who access the service (“Users,” or “Tournament Director”). Your use of the Platform constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Platform is a tournament management and E-commerce Platform.
The Tournament Manager Platform provides tournament management relating to but not limited to creating, registering, and managing a tournament.

Privacy

Your use of the Platform is subject to Tournament Manager's Privacy Policy. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.

Electronic Communications

Using the Platform or sending emails to Tournament Manager constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

Your account

If you use this platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity without the express written consent of Tournament Manager LLC. You acknowledge that Tournament Manager is not responsible for third party access to your account that results from theft or misappropriation of your account. Tournament Manager and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Tournament Manager does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Platform only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel from a tournament within a timeframe, set in the tournament settings, by the Tournament Director, which is unique to each tournament. Any cancellation will be handled solely by the Tournament Director, where the user will be able to receive a refund of monies, via request to the Tournament Director, paid for tournament registration minus the Platform processing fee. A Tournament Director who agrees to use the Tournament Manager Platform is responsible for abiding by this policy and may also be charged mitigation fees, such as chargebacks, for any person within their Tournament who disputes. In return, a Tournament Director may terminate any participant from their respective Tournaments without notice, and deny a refund.

Please contact us at legal@tournamentmgr.com with any questions.

Links to third party sites/Third party services

The Platform may contain links to other websites ("Linked Platforms"). The Linked Platforms are not under the control of Tournament Manager and Tournament Manager is not responsible for the contents of any Linked Platform, including without limitation any link contained in a Linked Platform, or any changes or updates to a Linked Platform. Tournament Manager is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tournament Manager of the site or any association with its operators.

Certain services made available via the Platform are delivered by third party sites and organizations. By using any product, service or functionality originating from the Platform, you hereby acknowledge and consent that Tournament Manager may share such information and data with any third party with whom Tournament Manager has a contractual relationship to provide the requested product, service or functionality on behalf of the Platform users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these terms of use. As a condition of your use of the Platform, you warrant to Tournament Manager that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Tournament Manager or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Tournament Manager content is not for resale, unless explicit written consent is given by the Partners of Tournament Manager LLC. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tournament Manager partners and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tournament Manager or our licensors except as expressly authorized by these Terms.

Use of communication services

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Tournament Manager has no obligation to monitor the Communication Services. However, Tournament Manager reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tournament Manager reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Tournament Manager reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tournament Manager's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tournament Manager does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tournament Manager specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tournament Manager spokespersons, and their views do not necessarily reflect those of Tournament Manager.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Content provided to the Platform

Tournament Manager does not claim ownership of the materials you provide to the Platform (including feedback and suggestions) or post, upload, input or submit to any Tournament Manager Platform or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tournament Manager, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Tournament Manager is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tournament Manager's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Tournament Manager account to third party accounts. By connecting your Tournament Manager account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Tournament Manager from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tournament Manager Content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Tournament Manager, its officers, partners, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorneys' fees) relating to or arising out of your use of or inability to use the Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tournament Manager reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tournament Manager in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOURNAMENT MANAGER LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME.

TOURNAMENT MANAGER LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOURNAMENT MANAGER LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOURNAMENT MANAGER LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOURNAMENT MANAGER LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

Termination/access restriction

Tournament Manager reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tournament Manager as a result of this agreement or use of the Platform. Tournament Manager's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tournament Manager's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Tournament Manager with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tournament Manager with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tournament Manager with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Governing Law

These Terms of Service are governed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. If you choose to opt out of the agreement in arbitration, you agree to resolve any dispute with Tournament Manager LLC in a state of federal court location in Syracuse, New York, and will submit any personal jurisdiction of the courts located in Onondaga County for the purpose of litigating all such disputes.

If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Terms of Service and will not affect the validity and enforceability of any remaining provisions. Tournament Manager’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Tournament Manager reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.

Changes to Terms

Tournament Manager reserves the right, in its sole discretion, to change the Terms under which the Platform is offered. The most current version of the Terms will supersede all previous versions. Tournament Manager encourages you to periodically review the Terms to stay informed of our updates.

Contact Information

Tournament Manager welcomes your questions or comments regarding this Statement of Privacy. If you believe that Tournament Manager has not adhered to this Statement, please contact Tournament Manager at:

Tournament Manager LLC

65 Main Street
Potsdam, New York 13676

Email Address:

legal@tournamentmgr.com

Effective as of December 31, 2016

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