Welcome to Pickleballify.com (the “Site”), a platform that provides a listing service for Pickleball courts. The following Terms and Conditions of Use (the “Agreement”) govern your access to and use of the Site. By using the Site, you agree to be bound by this Agreement. If you do not agree with these terms and conditions, please do not use the Site.
1. Use of the Site
You may only use the Site for lawful purposes and in accordance with this Agreement. You are prohibited from using the Site for any unlawful purpose or any purpose prohibited by this Agreement.
2. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Pickleballify.com or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any content on the Site without our prior written consent.
3. User Content
You may submit content to the Site, including but not limited to listings of Pickleball courts. By submitting content, you grant Pickleballify.com a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media.
4. User Conduct
You are solely responsible for any content you submit to the Site and for your use of the Site.
You agree not to use the Site to:
- (a) Violate any applicable law or regulation;
- (b) Infringe the rights of any third party, including but not limited to intellectual property rights;
- (c) Engage in any conduct that is harmful, fraudulent, deceptive, or offensive;
- (d) Use the Site to transmit any viruses, malware, or other harmful code;
- (e) Interfere with the operation of the Site or any user’s enjoyment of the Site;
- (f) Collect or store any personally identifiable information about other users of the Site without their express consent;
- (g) Engage in any activity that encourages or solicits illegal activity;
- (h) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (i) Harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
5. Disclaimer of Warranties
The Site is provided “as is” and without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Pickleballify.com does not guarantee the accuracy, completeness, or usefulness of the Site or any content on the Site. Pickleballify.com does not warrant that the Site will be uninterrupted or error-free or that any defects will be corrected.
6. Limitation of Liability
Pickleballify.com shall not be liable for any damages of any kind arising from your use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. This limitation of liability applies even if Pickleballify.com has been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless Pickleballify.com and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Site or your breach of this Agreement.
8. Modification of Agreement
Pickleballify.com may modify this Agreement at any time by posting the modified Agreement on the Site. Your continued use of the Site after any such modification constitutes your acceptance of the modified Agreement.
9. Termination
Pickleballify.com reserves the right to terminate your access to the Site at any time without notice for any reason, including but not limited to your breach of this Agreement.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under or related to this Agreement shall be brought exclusively in the state or federal courts located in California.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and Pickleballify.com with respect to the use of the Site and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Pickleballify.com.
12. Waiver and Severability
The failure of Pickleballify.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
By using the Site, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to this Agreement, please do not use the Site.