Last updated April 23, 2014
Acceptance and Agreement to Terms
These terms and conditions ("Terms") apply to all and any use of the Website available at Tisque and its fantasy tennis games, competitions, content and services including without limitation the Communications service as defined below ("the Website") and any material submitted, posted or otherwise placed on the Website, together with all and any material, comments, messages and other communications made to, from or using the Website, any part of it or any related service ("Communications").
If you are under the age of 18 and do not understand these Terms please ask a parent or guardian to explain their meaning to you.
Intellectual Property Rights
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in Tisque, or are licensed to Tisque.
All intellectual property rights of Tisque are hereby asserted and reserved.
All third party trade names and trademarks are the property of their respective owners and Tisque makes no warranty or representation in relation thereto. More specifically, Tisque does not claim or assert any right title or interest in any third party Communications or any information or data contained on the Website that refers real world events, people, organizations, teams, clubs, places, companies, or competitions ("Events").
All Events and all rights in Events are the property of their respective owners and Tisque does not have and does not represent any connection or association with any Event or any subject of any Event.
Events are included in the Website for the purpose of providing information only and to identify honestly and fairly real world facts.
Policies / Rules of Conduct
We reserve the right to remove or suspend users at any time for any reason.
Some examples of reasons that may result in us removing or suspending a users account are listed below (but not limited to):
Restrictions on Use of the Tisque Website and Services
- Continued cheating on the site;
- Trying to rig/fix match results;
- Using multiple accounts;
- Using the site in a way that we consider to ruin the experience for other users.
Tisque reserves the right to remove content at its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Tisque Website and Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Tisque. You understand that Tisque does not control the User Content posted by users via the Tisque Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Tisque assumes no responsibility or liability for any User Content. If you become aware of any misuse of the Tisque Website or Services, please report this immediately via email to firstname.lastname@example.org
Tisque assumes no responsibility for monitoring the Tisque Website and Services for inappropriate Content or conduct. If at any time, Tisque chooses in its sole discretion to monitor the Tisque Website and Services, Tisque nonetheless assumes no responsibility for Content other than Tisque Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the Tisque Services to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempts to impersonate any person or entity;
- Introduce or engage in 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 telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Tisque Website and Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Tisque Website and Services, including Tisque's servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Tisque Website and Services;
- Delete or revise any information provided by or pertaining to any other user of the Tisque Website and Services;
- Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Tisque Content; or building a business using the Tisque Content) without Tisque's prior written consent; using technology or other means to access, index, frame, or link to the Tisque Website and Services (including the Content) that is not authorized by Tisque (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Tisque Content);
- Use the Tisque Website and Services to advertise or promote competing services;
- Use the Tisque Website and Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Tisque reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Tisque, or for any other reason in Tisque's sole discretion and without notice to you. You acknowledge that Tisque reserves the right to investigate and take appropriate legal action against anyone who, in Tisque's sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Tisque may access, preserve or disclose information you provide to or through the Tisque Services or that we have collected about you, including registration information and User Content, when Tisque has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Tisque, our parents, subsidiaries or affiliates ("Tisque Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Tisque Website and Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If Tisque sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Tisque may transfer your information to the party or parties involved in the transaction as part of that transaction.
Requirements for Involvement on Tisque.com
Tisque Account Sign Up
In order to participate in fantasy tennis leagues, contents and other Website events and Services on the Tisque website, you must register for an account. By registering as a user of the Website, you agree to provide accurate, current and complete information about yourself as prompted (such information being the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Tisque has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Tisque may deny you access to areas requiring registration, at its sole discretion.
Account Security: Password and Safety
At the time of account registration, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify Tisque of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site's Restricted Areas. Tisque cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Tisque is authorized to act on instructions received through use of your Username and Password, and that Tisque may, but is not obligated to, deny access without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Communications and Disclosure
As a result of your registration for the Website, you may receive certain commercial communications from Tisque related to content found on the Website. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe via an email opt out option or sending an email to email@example.com
Ineligibility / Banning of Entrants / Members
Tisque at its sole discretion may disqualify any entrant/member from the Tisque fantasy tennis games, leagues, and contents and refuse to award fantasy points if entrant engages in conduct Tisque deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants.
Tisque and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of Tisque; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
The failure of Tisque to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Tisque (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
Contests, Competitions and Prizes
Occasionally, Tisque (or selected third parties) may include contests, competitions, prizes, and/or other offers on the Tisque Website. Each such "offer" shall be subject to its own express terms and may not be available in all jurisdictions. By participating in to a specific "offer" you are consenting to the specific terms and conditions of that "offer" and bound by the terms and conditions outlined therein.
User Content on Blogs and Forums
Tisque may offer users the ability to post messages on blog/forums (collectively, "Forums"), which may be open to the public generally, to all members of Tisque Website and Services or to a select group of Tisque Website and Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Tisque reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Tisque's sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Tisque Website and Services, including the Forums or otherwise.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of law provisions. You and Tisque agree to submit to the exclusive jurisdiction of the courts located in Broward County, Florida to resolve any Dispute arising out of this Agreement or the Tisque Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TISQUE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold Tisque, its Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the Tisque Website and Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Tisque Website and Services.
Warranty / Limitation of Liability
Tisque provides and maintains the Website and Services for entertainment purposes only on an "as is" basis.
Tisque gives no other warranty in connection with the Website and Servicers offered, and to the maximum extent permitted by law, Tisque excludes liability for:
- Any loss or damage of any kind including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Tisque has been made aware of;
- The accuracy, currency or validity of the information and material contained within any Communications or the Website;
- Any interruptions to or delays in updating the Website;
- Any incorrect or inaccurate information on the Website;
- The infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Website;
- The availability, quality, content or nature of External Sites;
- Any transaction involving External Sites;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or any Communication;
- All representations, warranties, conditions and other Terms which but for this notice would have effect.
- Tisque does not warrant that the operation of the Website will be uninterrupted or error-free.
- Tisque will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
- You agree that in relation to your use of the Website you will not in any way conduct yourself in a manner that is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Website.
- You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
- You hereby indemnify, defend and hold Tisque and Tisque's affiliates and officers, directors, owners, managers, members, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website any Communications and any use of your membership account. You shall use your best efforts to cooperate with Tisque in the defense of any claim. Tisque reserves the right, at Tisque's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The Site provides, or third parties may provide, links to other websites or resources. Because Tisque has no control over such sites and resources, you acknowledge and agree that Tisque is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tisque shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Technical Support and Contact Information
You can contact Tisque for technical problems, support issues or to cancel your account by emailing to Tisque at support@Tisque.com. Please include your name, e-mail, and any other data that may be pertinent to your support request to assist us with identifying your account and trouble-shooting your issue.
Alternatively, you can also contact Tisque via mail at:
PO Box 551311
Davie, FL 33355-1311