Terms and Conditions for use of website and League play

Gladiator Tennis League Play - Terms & Conditions

A. Player conditions for continued participation

1. All players are expected to uphold their commitment to the league and the other players in the division by completing all of their assigned matches. Our members' league play is treated seriously and the same commitment is expected from our players.
2. Players who are unresponsive or unavailable to play can be removed from the season that they registered for, subject to the discretion of the league coordinator.  Signing up and not playing deflates the enthusiasm of other players, and is disrespectful to the other players who have committed to play.  No refund is given when an unavailable or unresponsive player is removed from the league.
3. The League Coordinator can also disallow any player who has demonstrated a pattern of unresponsiveness or unavailability from joining the league going forward.
4. Players who exhibit “unsportsmanlike behavior” can be suspended from the league at the discretion of the League Coordinator.  See https://gladiatortennis.com//home/gameday#Unsportsmanlike+Behavior for more details on what constitutes unsportsmanlike behavior, and the protocol followed by the League Coordinator in addressing the situation with the offending player.  No refund is given when a player is removed for unsportsmanlike behavior.
5. Players who are actively participating in a season of play will receive emails from the League Coordinator that will include alerts about roster changes, match schedule changes, important rules, and score reporting deadlines, to name a few.  This email communication between the League Coordinator and players is essential to the smooth operation of the league.  If a player insists on unsubscribing to these emails, they can be removed from the league.  No refund will be given when a player is removed for this reason.

B. Waiver and Assumption of Risk:

1. I understand tennis entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to: Slipping and falling; exhaustion; temperature exposure; collision with or being hit by other tennis players; striking obstructions; equipment failure; adverse weather conditions; serious injury to bones, joints, ligaments, muscles, tendons and other aspects of the neurological system, vascular and/or musculoskeletal system
2. I have voluntarily registered to participate in the Gladiator Tennis League. I expressly agree and promise to accept all of the risks existing in this activity, and I elect to participate in spite of the risks.
3. I have consulted with physicians and other medical advisors and, taking into account their advice have made my own determination whether I will engage in tennis.
4. I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Gladiator Tennis, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
5. I am solely responsible for evaluating each facility I play at to ensure it meets my standard of safety and playability. I understand by playing the match, I agree to do so at my own risk and release Gladiator Tennis as well as any host facility of any liability for injuries arising from my participation.

C. Covenant not to Sue, Release and Indemnification.

I, for myself and for my heirs, legal representatives, and assigns, in consideration of my participation in Gladiator Tennis, covenant with Gladiator Tennis, its officers, directors, employees, agents and/or representatives to never institute any suit or action at law or equity against Gladiator Tennis, its officers, directors, employees, agents or representatives, by any reason of any claim I have now or may hereafter acquire relating to any present or future accidents or injuries occurring to me as a result of my participation in Gladiator Tennis.

I HEREBY EXPRESSLY RELEASE, WAIVE AND DISCHARGE for myself and my heirs, legal representatives, and assigns, Gladiator Tennis, its officers, directors, employees, agents or representatives, from any and all claims, causes of action or liability for death, personal injury or property damage of any kind or nature whatsoever arising out of or in the course of participating in Gladiator Tennis, even though that liability may arise out of the negligence or carelessness of Gladiator Tennis, its officers, directors, employees, agents and/or representatives. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen known or unknown,

I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS Gladiator Tennis, its officers, directors, employees, agents and representatives from any loss, liability, damage, and/or cost they may incur due to my participation in Gladiator Tennis whether caused by the negligence or carelessness of Gladiator Tennis, its officers, directors, employees, shareholders, agents and/or representatives.

I have carefully read this participant waiver and assumption of risk agreement and understand it to be a release and waiver of all claims and causes of action for my injury or death or damage to my property that occurs while participating in Gladiator Tennis and it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused due to my participation in Gladiator Tennis.

Gladiator Tennis website - Terms of Use

This site is owned by Gladiator Tennis. Please read these Terms of Use carefully before using the Gladiator Tennis web site or playing in the league.

The services that Gladiator Tennis provides to you are subject to the following Terms of Use. By playing in Gladiator Tennis or using this site, you signify your agreement to these Terms of Use and our Privacy Policy.  Gladiator Tennis reserves the right to update these Terms of Use at any time without notice. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.

Description of Services

Through its website, Gladiator Tennis provides you with access to a variety of resources, including the name, email address, phone number, and home court choice of 5-7 other players in each season you register to play in.  Current player rankings, match history information, league rules/policies and communication tools are also provided to you. All of these services, including but not limited to any updates, enhancements, and new features, are subject to the Terms of Use.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, these services are for your personal and non-commercial use. Except only as expressly provided herein, you may not download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the information provided on the Gladiator Tennis site. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

Privacy and Protection of Personal Information

See our Privacy Policy disclosures relating to the collection and use of your information.

Member Account, Password, and Security

If any of our services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. This includes your full first and last name, home address, email address, and phone number. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gladiator Tennis immediately of any unauthorized use of your account or any other breach of security. Gladiator Tennis will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gladiator Tennis or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use, you will not use any services or information on the Gladiator Tennis website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our services in any manner that could damage, disable, overburden, or impair the Gladiator Tennis server, or the network(s) connected to any Gladiator Tennis server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any service, other accounts, computer systems or networks connected to any Gladiator Tennis server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our services.

Use of Services

As an active member of Gladiator Tennis you agree that you:

• Will not create a false identity for the purpose of misleading the league office or other members.
• Will not use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Will not upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Will not use any material or information, including images or photographs, which are made available through our website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Will not advertise or offer to sell or buy any goods or services for any business purpose.
• Will not violate any code of conduct or other guidelines which may be applicable for any particular communication service.
• Will not harvest or otherwise collect information about others, including e-mail addresses.
• Will not violate any applicable laws or regulations.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Gladiator Tennis members or other user or usage information or any portion thereof.

Furthermore, Gladiator Tennis reserves the right to terminate your access to any or all of the provided on-line services at any time, without notice, for any reason whatsoever. Gladiator Tennis reserves the right at all times to disclose any information as Gladiator Tennis deems 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 Gladiator Tennis's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any provided communication service. Gladiator Tennis does not control or endorse the content, messages or information found in any communication services and, therefore, Gladiator Tennis specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication services.

Photos Provided to Gladiator Tennis

Gladiator Tennis does not claim ownership of photos that are uploaded by a player to their profile. However, by uploading, or providing your profile photo you are granting Gladiator Tennis permission to use your photo to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your photo, and to publish your name in connection with your photo.  No compensation will be paid with respect to the use of your photo. Gladiator Tennis is under no obligation to post or use any photo you may provide and may remove your photo at any time in Gladiator Tennis's sole discretion.

By participating in any events/tennis league through the Gladiator Tennis website, you hereby agree to grant Gladiator Tennis the right to take photographs of you. You hereby acknowledge and agree that Gladiator Tennis may use and exploit any such photographs, in any manner, without restriction of any kind, and without the necessity of acknowledging your identity or by identifying you other than with your real name. No compensation will be paid to you with respect to such photographs.

You hereby release and hold Gladiator Tennis harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the photographs submitted to your profile, or photographs taken at Gladiator Tennis events.  This release is given without the promise of compensation.

Liability Disclaimer

The information, software, products, and services included in or available through the Gladiator Tennis website may include inaccuracies or typographical errors. Gladiator Tennis and/or its suppliers may make improvements and/or changes in the Gladiator Tennis website at any time.  To the maximum extent permitted by applicable law, all such information, software, products, and services are provided “as is” without warranty or condition of any kind.  Gladiator Tennis and/or its suppliers hereby disclaim all warranties or conditions of merchantability, fitness for a particular purpose, Title, and non-infringement.

Gladiator Tennis is not liable for damages arising out of or in any way connected with the use or performance of the Gladiator Tennis website, with the delay or inability to use the Gladiator Tennis website, and the provision of or failure to provide services.  If you are dissatisfied with any portion of the Gladiator Tennis website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Gladiator Tennis website.