Terms of Use
This website and the related services (collectively the “Website”) is operated by World
Padel
Company DWC-LLC (“WPL”, “us”, “we”).
THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") ARE BETWEEN YOU AND WPL AND
GOVERN YOUR USE OF THE WPL WEBSITE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND
THESE TERMS OF USE BEFORE YOU START USING OUR WEBSITE.
Ownership
All of the content of our Website (which includes without limitation all graphics, text, images, photographs, videos, audios, illustrations, and the design, selection and arrangement thereof) is, unless specifically indicated otherwise, protected by copyright, trademark, and/or other proprietary intellectual property rights owned by or licensed to WPL.
Website Service
There are no charges for using our Website. However, we reserve the right to seek charges in
the
future for additional services we may offer you, but we will not do so, without making clear
what
those charges are, what they relate to and giving you the opportunity to agree whether or
not you
accept these additional paid services.
Our Website has been prepared solely for the purpose of providing information about the
World
Padel League and it does not constitute as any financial, legal or other professional advice
and
should not be used as a substitute for obtaining such advice from an authorized
professional. Subject
to our legal obligations, we make no warranty or representation that access to our Website
or the
services offered on our Website will be uninterrupted, timely, secure, or error-free, nor do
we make
any warranty or representation that the content of our Website, or any information given
through it,
is accurate or reliable.
You acknowledge and agree that your use of any information on our Website is at your sole
risk. We
reserve the right at any time to modify or discontinue, temporarily or permanently, our
Website (or
any part thereof) with or without notice.
Limited Licence; Restrictions
The contents of our Website are freely downloadable for browsing purposes only and may not
be
reproduced in whole or in part or otherwise made available without the prior written consent
of
WPL and subject to applicable copyright/intellectual property regulations. None of the
material on
our Website may be copied, altered in any way, or transmitted or distributed to any other
party
without the prior express written permission of WPL.
In addition, you may not create links to our Website without the express prior written
consent of
WPL. Linked websites, whether permitted or not, do not have any express or implied
affiliation with
our Website. WPL takes no responsibility for said websites, including but not limited to
their
content, material, affiliation, data protection, website security measures, etc. By
utilizing any links,
you as the viewer, take full responsibility of viewing and/or using said websites.
If you download any software from our Website, the software, including any images or files
incorporated in or generated by the software, and data accompanying the software
(collectively, the
"Software") is subject to a limited licence, the terms of which are set out in the
separate software
licence agreement made available to you at the time of the download. WPL and/or its
suppliers (as
the case may be) retain all right, title, interest and intellectual property rights in and
to the Software.
You may not distribute, sell, or transmit the Software and you are not permitted to alter,
modify or
adapt the Software, including but not limited to translating, decompiling, reverse
engineering,
disassembling, or creating derivative works of it.
Your Content
With respect to all content, information or materials that you communicate to us through our Website, or that you post to publicly accessible areas of our Website, including any forum or blog ("Your Content"), you hereby grant (or warrant that the owner of such materials expressly grants) to us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive licence (carrying the right to sublicence) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate Your Content (in whole or in part) into any form, medium, or technology now known or later developed throughout the universe. In addition, you hereby waive your moral rights to Your Content. Any Your Content that you input or upload to our Website will be considered non-confidential and non-proprietary. In posting Your Content, you confirm to us that you are the owner or have consent from the owner to post Your Content and that Your Content does not defame any person, company or business or violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person. You warrant that you have the right to communicate, submit or post Your Content and that you have the right to grant to us the licence granted in the preceding paragraph, except where you have expressly indicated the contrary to us in writing. You acknowledge that we have no obligation to retain any of Your Content on the publicly available areas of our Website for any minimum period or at all and that it is entirely in our discretion as to the length of time that Your Content or any part of it will be retained on the website. You acknowledge and understand that we may also reserve the right to edit or modify Your Content at any time without cause or notification. To the extent that you are able to submit, add, post, publish, and/or upload Your Content or other materials on the Website, you agree not to include any of following kinds of content which is illegal or prohibited on the Website (“Prohibited Content”). This includes without limitation content that:
- is protected by copyright, or other intellectual property rights, or derivative works thereof, and you have not obtained the permission of the copyright holder;
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or could be harmful to minors;
- is obscene, vulgar, offensive or makes libellous or defamatory comments about others or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or any sort of pirated intellectual property;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- constitute or encourage conduct that would be a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- prejudice pending or on-going criminal or civil court proceedings;
- displays pornographic or sexually explicit material of any kind or provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- edit or remove the Prohibited Content you have uploaded; and/or
- suspend, or discontinue your ability to add content to the Website; and/or
- block you from using and/or accessing the Website; and/or
- terminate your membership account and/or subscription (if applicable).
- withdraw your right to use our Website; and/or
- remove Your Content including any posting or material uploaded by you to our Website; and/or
- issue a warning to you; and/or
- initiate legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary; and/or
- take any other action we reasonably deem appropriate.
Registration, Subscription or Membership Login
There may be parts of the Website, and some services, which are not available to visitors to
the
Website. The Website may therefore require you to sign-up, subscribe or register for a
membership
account with us in order for you to access certain pages of the Website or services. During
the
course of any such registration or sign-up you will provide us with personal information
about you. If
there are any changes to the information supplied to us it is your responsibility to inform
us straight
away. Changes to your registration details should be made through your account page.
By registering or subscribing you consent to us using your data for the provision of the
services
and/or products. Your name, username and/or profile may be displayed publicly on the Website
when you submit content to the Website or as otherwise specified. We may transfer your data
to
any of our affiliates or third parties, or if it is necessary for us to comply with
applicable laws or
regulations. Further information regarding our processing of your personal data can be found
in our
Privacy Policy.
You will choose a username and password. You must treat such information as confidential and
must
not disclose it to any third party.
Please tell us, by updating your settings, of any changes to the information that you
provided when
registering. If you wish to cancel your membership or account on the Website at any time,
you may
do so by following the procedure to end your membership or delete your account.
We may disable your login or registration at any time (temporarily or permanently) if we
believe it is
reasonable to do so, for example because you have failed to comply with the Terms of Use or
we
believe it is necessary to do so to protect your personal information.
If you know or suspect that anyone other than you knows your username or password you should
promptly notify us at _________. Should you forget your password for your account, please
select
the "Forgot password?" option on our Website. You will be asked to submit your
username and
email address and a new password will be generated for you to use.
Premium Subscription, Payments and Charges
In order to make the most of some of the features on the Website, in particular when you set up a membership account or subscribe to certain services, you may be required to make a payment or a recurring payment (“Premium Subscription”). Specific terms and may apply to your Premium Subscription which we will notify you of from time to time. We will make any charges clear to you. If there is a conflict between these Terms of Use and the additional Premium Subscription terms, the relevant specific Premium Subscription terms will take precedence.
Products and Services
Specific terms of use may apply to the different products, services and/or digital content
that is
offered or made available on the Website which we will notify you of from time to time. If
this is the
case, you agree to comply with these additional terms. If there is a conflict between these
Terms of
Use and the additional terms, the relevant specific terms will take precedence.
Competitions And Other Promotions
The Website may, from time to time, advertise competitions, benefits, events and other
offers
(“Promotions”) which users of the Website may be eligible to enter or benefit from. The
Website
may require you to login into a membership account to benefit from the Promotions or
alternatively
you may be required to follow a link to another third party website (see paragraph below for
further
information).
Each Promotion made available through the Website is subject to the specific terms of use
set out or
referred to on the relevant Promotion section of the Website. To participate in any
Promotion
available on our Website we ask that you comply with such terms of use and follow the
process
outlined on the relevant webpages.
Promotions are personal to you and must not be transferred. You may opt out of the
Promotions,
although you will not receive any cash refund or cash equivalent if you fail to make use of
any
Promotions.
For competition and prize draw Promotions which we organise please note:
- on entering into a Promotion on our Website you agree that, if you win, we can publish your name on certain third party platforms in association with the Promotion. Please notify us at the time of entering the Promotion if you do not want us to use your name in this way;
- we will randomly select a winner (or winners) and will notify you by email and/or on the Website if you have won. We will also contact you by email to obtain your address in order to send your prize (if applicable);
- all decisions made by us in relation to Promotion are final, and no further correspondence will be entertained; and
- no prize (whether in whole or in part) is exchangeable for cash or any other prize.
All Promotions are subject to availability. Please note that our Promotions may expire, after which time they may not be available. We will endeavour to update our Website where Promotions expire; otherwise you will be notified that the Promotion is no longer available on proceeding through the checkout process. We reserve the right to withdraw Promotions at any time, without notice to you, and for any reason, at our sole discretion.
Closing dates or availability dates for Promotions may be extended at our sole discretion. For Promotions which third party sponsors organise please note:
- we have no control and do not accept any liability or responsibility in relation to the decision making process in determining winners;
- we accept no responsibility for any failure by a third party sponsor to send your prize, if any; and
- third party sponsors may have additional terms of use which apply to your participation in their Promotion. Please read such terms of use carefully.
Electronic Communications/SPAM
We may communicate with you electronically, either by email or by posting information on our
Website. You agree not to treat such emails as unsolicited (SPAM). For contractual purposes,
you
agree to receive communications from us electronically and you consent that all agreements,
notices
and other communications that we provide to you electronically satisfy any legal
requirements that
such communications be in writing. This does not affect your statutory rights.
You are strictly prohibited from sending (or supporting the sending) of unsolicited bulk or
single mail
messages, or SPAM, from or to our website.
If you wish to discontinue receiving electronic communication from WPL please contact
________.
Virus Protection and Compatibility
While certain precautions have been taken to detect computer viruses and ensure security,
WPL
cannot guarantee that the Website is virus-free and secure. WPL shall not be liable for any
loss or
damage which occurs as a result of any virus or breach of security. WPL does not give any
warranties
as to the compatibility of the Website with your computer systems, software and/or hardware.
You
are responsible for configuring your information technology, computer programmes and
platform to
access the Website and you should use your own virus protection software. You must not
misuse the
Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that
is
malicious or technologically harmful.
Disclaimer
THIS WEBSITE HAS BEEN COMPILED IN GOOD FAITH BY WPL. HOWEVER, WPL DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, (INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION) AS
TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS. IN ADDITION, WPL DOES NOT REPRESENT OR WARRANT THAT THE CONTENTS OF THE
WEBSITE OR ANY INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE
ACCURATE, COMPLETE, ADEQUATE, SUITABLE OR CURRENT, NOR MAKES ANY SUCH WARRANTY OR
REPRESENTATION IN RESPECT OF ANY INFORMATION CARRIED ON ANY WEBSITE OPERATED BY A
THIRD PARTY WHICH MAY BE ACCESSED FROM THE WEBSITE, NOR THAT THE INFORMATION ON THIS
OR ANY THIRD PARTY WEBSITE HAS IN ANY WAY BEEN VERIFIED BY WPL, NOR THAT THIS WEBSITE
WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL
ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS/RISKS ARISING AS A RESULT OF THE
USE OF THIS WEBSITE.
Access
Our Website, and the information contained on it, is not directed at, or intended for
distribution to
or use by, any person or entity who is a citizen or resident of, or located in, any
jurisdiction where
such distribution, publication, availability or use would be contrary to applicable law or
regulation or
which would subject WPL to any registration or licensing requirement within such
jurisdiction.
Moreover, WPL will not be liable if the systems go off line or fail for any reason, or for
any
incompatibility of our Website with any of your equipment, software or telecommunications
systems. WPL will not be liable for any claims, penalties, losses, damages, costs or
expenses arising
from the use or inability to use our Website or from any unauthorised access to, or
alteration of our
Website.
Individuals under the age of 21
If you are under 21 (Children) you must ask your parent or guardian before you email the
website,
ask WPL to email anything to you, send in any information to WPL, enter into any contest or
game
that requires information about you or offers a prize, post any information on any bulletin
board,
enter any chat room or buy anything online.
By submitting information and/or utilizing our Website, you are confirming that you are over
the age
of 21, or have received the consent of your parent or guardian.
Using The Website
Wherever you are asked to provide information in connection with the Website, you agree to
provide true, accurate, current and complete details. You are not obliged to provide WPL
with any
optional information requested.
You undertake to WPL that you will not use the Website for any purpose or in any way that is
prohibited by these Terms of Use or is otherwise unlawful. You agree not to deep-link to the
Website for any purpose, unless specifically authorised by WPL.
You agree that you will not use any robot, spider, other automatic device, or manual process
to
monitor or copy the Website or the content contained thereon or for any other unauthorized
purpose without our prior expressed written permission. You agree that you will not use any
device,
software or routine to interfere or attempt to interfere with the proper working of the
Website. You
agree that you will not take any action that imposes an unreasonable or disproportionately
large
burden on our infrastructure.
You agree to indemnify WPL, its officers, employees, and licensors in respect of any loss
that it or
they may suffer as a result, directly or indirectly, of any breach by you of this
undertaking.
Privacy Policy
Your personal data and privacy is important to us. Please read our Privacy Policy which
should be
read in conjunction with these Terms of Use and sets out the way in which your personal data
is
handled.
Limitation of Liability
NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR
FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR
NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
SUBJECT TO THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS,
NEITHER WPL NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES
WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND
WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE
USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED
THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL
LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO
PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WPL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IN
PARTICULAR, WE HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN
CONNECTION WITH: YOUR INABILITY TO USE OUR WEBSITE OR ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR COMMUNICATION LINE FAILURE IN RELATION TO OUR WEBSITE, NOR ANY
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERNATION OF, OR USE OF ANY RECORD,
INFORMATION OR CONTENT, INCLUDING YOUR CONTENT.
You agree that we shall not be liable to you for any modification, suspension or
discontinuance of
our Website or any part of it. You agree that we have no responsibility or liability for the
deletion or
failure to store any of Your Content nor for any errors in Your Content.
We neither endorse nor are responsible for the accuracy or reliability of any opinion,
advice or
statement on our Website that is not ours, including but not limited to, any such opinion,
advice or
statement included in any forum, blog or on any bulletin board provided on our Website.
Under no
circumstances will we be liable for any loss or damage caused by your reliance on
information
obtained through the content on our Website, whether such content was provided by us or any
third
party. It is your responsibility to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through our Website.
Any material downloaded or otherwise obtained through the use of the service is done at your
own
discretion and risk and you will be solely responsible for any damage to your computer
system,
electronic device or loss of data that results from the download of any such material.
IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART, THEN IN NO EVENT SHALL THE TOTAL
LIABILITY TO YOU OF WPL OR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER
REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THE WEBSITE.
Indemnification
You must comply with these Terms of Use at all times when using our Website and you must
take all
reasonable precautions to avoid infringing any third party's rights in the use of our
Website,
including the communication of Your Content to our Website. You will be liable for any
foreseeable
and reasonable costs incurred by us in defending any action in respect of a claim resulting
from your
breach or alleged breach of these Terms of Use, if reasonable precautions were not taken by
you.
You agree to defend, indemnify and hold WPL and all of its associate companies, its
directors,
officers, partners, employees, information providers, licensors and licensees and agents
harmless
from and against all liabilities, claims, damages, costs and expenses, including without
limitation
legal fees and costs arising out of your use of the Website, Your Content, or your
violation, breach or
alleged violation or breach of these Terms of Use.
Links from This Website
The Website contains links to other Internet sites on the World Wide Web, which leads you
out of
our Website. We provide such links for your convenience and information only. We cannot
ensure
that you will be satisfied with any products or services that you purchase from a
third-party website
that links to or from any WPL Website or for any third-party content on our Website.
You acknowledge and agree that WPL:
- is not responsible for the availability of any external websites or resources linked to our Website;
- is not responsible for the content on any other websites or pages linked from our Website;
- does not endorse and is not responsible or liable for any merchandise, content, advertising, or other material on or available from such websites or resources;
- makes no representation or warranty as to the accuracy, legality, reliability or validity of any content on any other such website; and
- makes no representation or warranty that such websites will safeguard the security of your information (including, without limitation, credit card and other personal information) or be free of viruses or other harmful elements.
Amending these Terms of Use
We may update these Terms of Use to accord with our standard contractual provisions at any time without notice. We will post our most recent version of these Terms of Use on our Website, and such amendments become effective from the date upon which they are made available on the Website. We may also add to, change or remove any part of these Terms of Use. We recommend that you consult this page frequently so that you are aware of our latest Terms of Use. Your continued use of the Website and/or our services shall constitute your acceptance of any revised Terms of Use and shall signify your agreement, without limitation or qualification, to be bound by the amended Terms of Use.
Governing Law
This Website is governed in accordance with the laws of the Emirate of Dubai and the
applicable
federal laws of the United Arab Emirates. The courts of the Emirate of Dubai in the United
Arab
Emirates shall have exclusive jurisdiction over any dispute arising out of your use of this
Website.
WPL may co-operate with any law enforcement authorities of the United Arab Emirates, any
court
order issued by the courts of the United Arab Emirates, any order or direction issued by the
Telecom
Regulatory Authority of the United Arab Emirates and any other legal request by any
applicable
government or regulatory body, requesting or directing WPL to disclose the identity or
locate
anyone posting any material in suspected breach of any clauses under these Terms of Use or
in
violation of any applicable laws.
Severance
If for any reason, a court of competent jurisdiction finds that any of these Terms of Use are unenforceable, the remaining provisions of these Terms of Use shall survive and remain in full force and effect.
Miscellaneous
Any specific waiver of any provision in these Terms of Use provided to you must be in writing and signed by the authorised signatory of WPL in order to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms of Use read along with the Privacy Policy represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing posted on this Website or notified to you by WPL.