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Last updated: [December 31, 2022]

Pickleball TopCo LLC Terms of Use

These Terms of Use are entered into by and between (1) Pickleball TopCo LLC and its affiliated companies (together, the “Company,” “we,” or “us”) and (2) You, the individual using the Sites or the Services (as applicable, “You”, “Your” or “Yourself”). If You use the Sites or the Services on behalf of any corporation, company or other organization that You represent, such as a company that You own or that employs You (an “Organization”), then “You” also includes such Organization.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING WAIVER OF JURY TRIALS AND CLASS ACTIONS THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern Your access to and use of pickleball.com and its affiliated sites, including any content, functionality, and services offered on or through pickleball.com and its affiliated sites (collectively, the “Sites”), whether as a guest or a registered user. Through the Sites, You may be permitted to purchase and receive from us various services (collectively, the “Services”), which may include without limitation our sales and provision of pickleball-related goods, content, subscriptions and other offerings (collectively, the “Products”), and our hosting, management and support of pickleball-related brackets, tournaments and events. Notwithstanding the foregoing, if You have entered into a separately-negotiated and signed agreement with us, then that agreement applies rather than these Terms of Use as to the portions of the Sites or the Services to which that agreement relates.

Please read the Terms of Use carefully before You start to use the Sites or before interacting with us and our Services in any way. By using the Sites or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://pickleball.com/privacy-policy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Sites.

The Sites are offered and available to users who are 13 years of age or older. By using the Sites, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. Additionally, if You use the Sites or the Services on behalf of any Organization, then You represent and warrant that You have all necessary authority and capacity to enter into these Terms of Use on behalf of Your Organization. If You do not meet all of these requirements, You must not access or use the Sites.

The Company and Services

The Sites and the Services are made available by Pickleball TopCo LLC and its group of affiliated companies, consisting of the following legal entities:

  • Pickleball OpCo LLC
  • Pickleball Brackets OpCo LLC
  • Pickleball Holdings LLC
  • Pickleball TopCourt LLC
  • PPA Tour Operations HoldCo LLC

In the event that additional legal entities are created or added to the group of affiliated companies in the future, these Terms of Use will also apply to such additional legal entities unless otherwise stated, and these Terms of Use will be updated accordingly.

As used in these Terms of Use, the terms “we”, “us” or “our” refer to the entity or entities described above, as applicable in the context of the particular Product or Service being provided or the applicable processing operations being performed. The Service-Specific Terms Addendum included at the end of these Terms of Use (the “Service-Specific Terms”) contains additional terms applicable to specific portions of the Services, as more fully set forth therein and incorporated into these Terms of Use. Notwithstanding anything to the contrary, You acknowledge and agree that (1) where specified in the Service-Specific Terms, specific portions of the Services are offered solely by the particular legal entity specified therein, and (2) the other entities comprising the Company group shall not be responsible or liable to You or any third party with regards to anything relating to those portions of the Services.

Subject to Your compliance with these Terms of Use, the Company grants You a limited, personal, non-exclusive license to access and use the Sites and the Services to which You have been granted access in accordance with the Services offerings that You have purchased hereunder.

Changes to the Terms of Use

To make use of many of the Services on the Sites, You will need to create a Site account for Yourself (an “Account”). If You have previously created a user account with one of the Sites or Services that we operate or acquire, we may convert it to an Account that You can use across the Sites and Services. You may only create an Account for Yourself through the interface provided by the Company. You may not create Accounts for others or use an automated process to create Accounts. You may not create an Account if You are under the age of 13. You may not share Your Account with others; each individual person who uses the Sites or the Services must create their own Account. You are responsible for ensuring the security of Your user login credentials, including the use of secure passwords. You will promptly notify the Company if You become aware of any actual or likely misuse of Your Account. You acknowledge and consent to the Company using and sharing Your information to prevent fraud. Some of the information requested during registration of Your Account is mandatory and You must provide this information in order to create an Account; other information is optional and You may choose whether to provide it. Creation of an Account may be subject to requests for more information, review and/or approval by the Company in its sole discretion. In order to provide an integrated collection of Sites and related Services, Your Account may be used across the Sites and may incorporate information received through Your use of the different Services. Notwithstanding the foregoing, certain of the Sites and Services may from time to time require You to create or use an account specific to that particular Site or Service, and each such account shall be considered an “Account” for purposes of these Terms of Use.

You represent and warrant that all information You provide to us in connection with Your Account and Your use of the Sites and Services shall be true, complete, accurate and not misleading. We have the right to disable any Account, user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use, or if we have any question about Your authority to represent an organization for management of an Account in its name.

Our Content

As used herein, “Content” means text, data, information, software, graphics, videos, photographs and other materials. Content provided to You via the Sites and the Services (“our Content”) shall remain owned by us or our licensors, as applicable. Subject to Your compliance with these Terms of Use and all applicable laws and regulations, the Company grants You a limited, personal, non-exclusive, non-transferable license to use our Content on the Sites that we make available to You for Your personal, non-commercial use only. You must retain any copyright and other proprietary notices on our Content. All rights in our Content not expressly granted herein are reserved.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Content, except as follows with regards to portions of our Content that we permit You to access:

  • Your computer may temporarily store copies of such Content in RAM incidental to Your authorized accessing and viewing that Content.
  • You may store files that are automatically cached by Your Web browser for display enhancement purposes.
  • You may retain one copy of a reasonable number of pages of the Sites for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
  • If we provide social media features permitting You to engage with such features, You may take such actions as are enabled by such features.

You must not:

  • Modify copies of any of our Content.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of our Content.
  • Access or use for any commercial purposes any part of the Sites or any Services, data or other Content available through the Sites.
  • Unless authorized under a separate written agreement with us, use automated systems or software to extract data or other Content from the Sites, including without limitation screen scraping.
  • Unless authorized under a separate written agreement with us, provide any portion of data or other Content from the Sites to any other company, application, database, website or entity, including without limitation any competitor or other provider of pickleball-related services.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, Your right to use the Sites and the Services will stop immediately and You must, at our option, return or destroy any copies of our Content You have made. No right, title, or interest in or to the Sites or the Services or any of our Content is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Sites or the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Your Content

Content that You post to the Sites or the Services (“Your Content”) shall remain owned by You. You hereby grant the Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) Your Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate Your Content or any modification thereto, in whole or in part, into any technology, product, or service). We may, but are not obligated to, pre-screen Your Content or monitor any area of the Sites or the Services through which Your Content may be submitted. We are not required to host, display, or distribute any of Your Content on or through the Sites or the Services and may remove at any time or refuse any of Your Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any of Your Content.

You represent and warrant that You own or control all rights in and to Your Content and have the right to grant the license granted above; and that all of Your Content does and will comply with these Terms of Use. You understand and acknowledge that You are responsible for any of Your Content that You submit or contribute, and You, not the Company, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for Your Content or accuracy of any Content posted by You or any other user of the Sites or the Services.

Intellectual Property Rights; Trademarks

Other than Your Content, as between You and the Company, the Company or its licensors own and retain ownership of all intellectual property rights in and to the Sites and the Services. No right, title or interest in or to any portion of the Sites or the Services is granted to You except as expressly set forth herein.

As used herein, “Usage Data” means any and all data and information obtained by the Company relating to Your use of the Sites and the Services, including without limitation (1) the logging and analysis of any access thereto; and (2) any statistical and performance information related to the provision and operation of the Sites and the Services. For the avoidance of doubt, as between the parties hereto Usage Data shall be solely owned by the Company, and to the extent that You obtain any ownership thereof, You hereby unconditionally and irrevocably assign to the Company all right, title and interest in and to all Usage Data.

If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to any part of the Sites or the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby unconditionally and irrevocably assign to the Company all right, title, and interest in, and the Company is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. To the extent the foregoing assignment of rights, title and interest in and Your Feedback is prohibited by applicable law, You hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (a) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback; and (b) authorize any such use by others of Your Feedback, or any portion thereof, in the same manner. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

The names and logos of the Company and its Sites, Services and Products, and all related designs and slogans are trademarks of us or our licensors. You must not use, register or attempt to register such marks or any marks confusingly similar to or dilutive of such marks, or purchase domain names, search engine keywords or other advertising keywords using any of the foregoing, without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Sites, Services or products are the trademarks of their respective owners.

When You upload Your Organization’s names, logos and other trademarks to the Sites or the Services (collectively, “Your Marks”), You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce and display Your Marks via the Sites and the Services in connection with the corresponding Organization. All goodwill arising from such use shall inure to the benefit of the holders of such marks. You acknowledge that we may use the logo image files that You provide to us via the Sites and the Services, and accordingly we shall not be responsible for ensuring that the logo image files You upload are compliant with or conformant to any trademark usage guidelines that You may have in place regarding Your Marks. For the avoidance of doubt, Your Marks shall not include trademarks that are owned by us.

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