When we refer to “we”, “us”, or “our”, we mean APA. When we refer to “you” or “your”, we mean the person accessing the site. If you access this site on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, business or organization.
The APA Services we offer online include all APA-branded URLs (Uniform Resource Locators)—including without limitation APA’s National Website, Local League Websites, and Member Website—as well as all related APA Content, features, information, tools, forums, shopping services, search services, league, team and player performance statistics and data, personalized content, and interactive features (the “Services”).
- Acceptance of the Terms. These Terms set forth the legally binding rules for acceptable use of the Services and the Content posted on or through the APA Services. By using the Services, you agree to be bound by these Terms, whether you are a “Visitor” (which means that you simply browse any of the APA Websites or otherwise use any of our public Services without being registered) or you are a “Registered User” (which means you are a current APA Member and have registered with us to use our Services). Registration is free of charge to persons with a current APA Membership. The word “User” refers to a Visitor or a Registered User. You are only authorized to use the APA Services if you agree to abide by all applicable laws and these Terms. Please read these Terms and save them. If you do not agree to be bound by these Terms and to follow all applicable laws, then you must leave this APA-branded Website and not use APA’s Services. We may modify these Terms from time to time and such modification will be effective when we post them on the APA-branded Websites. Your continued use of the APA Services after we post a revised Agreement signifies your acceptance of the revised Terms. You should review the Terms regularly to ensure that you are updated as to any changes. Also, certain APA-provided features and services may have additional terms and guidelines, which we will post. Such additional terms and guidelines are considered to be part of the Terms.
- Services Provided “As Is” and “As Available”. The Services allow us and our Local League Operators (APA Franchisees) the opportunity to provide you with a range of Content, including National and Local APA Pool League news, announcements, information, statistics and data, schedules, photographs, images, video, and other creative works. Certain of the Services may allow you to post messages, photographs, images, video, personalized content, and engage in shopping and other interactive activities. You understand that the Services are provided by us “AS IS”, and that we do not guarantee the accuracy, integrity or quality of any Content available on or through the Services. You also understand that the Services can be interrupted or unavailable from time to time (e.g., for maintenance, technical problems or issues) and we provide the Services only “as available”.
- Registration & Account Use & Security. In order to access certain Services, such as the Members Website, you will be required to provide information about yourself (such as identification and contact information) as part of a registration process for the Service or as part of your continued use of the Services. By using the APA Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the APA Services does not violate any applicable law or regulation.
- Passwords & Security. When you sign up to become a Registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. If you believe the security of your password has been compromised, change it as soon as possible. A Registered User may not disclose his/her password to any third party. No User is permitted to use the account, username, or password of another User at any time. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. If you select a username that is objectionable or inappropriate, in our sole judgment, we have the right, without prior notice, to automatically change your username, delete your postings under it, and/or deny you access to the Services.
- APA’s Right to Decline Registration, Terminate Registration or Reject User Content. We may decline or terminate Registration as a User at any time, for any or no reason, with or without prior notice or explanation, and without liability. We further reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your posted content and/or deny, restrict, suspend, or terminate your access to all or any part of the Services if we believe, in our sole judgment, that you have violated these Terms.
- Unauthorized Commercial Use Prohibited. APA Services are used by APA and APA League Operators to inform our Members and other Visitors about our National and Local Pool Leagues, events and activities, as well as official APA products, and the goods and services of our sponsors and advertisers. These Services are provided for your personal use and enjoyment. The Services are not to be used for other commercial gain or business purposes. We reserve the right to remove unauthorized commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including collecting usernames, user ID numbers, and/or email addresses of APA Members or other Users by electronic or other means, or unauthorized framing of or linking to an APA Website is prohibited. Posted commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed by us without notice or explanation and may result in termination of your Registration.
- Proprietary Rights in APA Posted Content. The Services contain Content posted by APA and APA League Operators, as well as authorized Content of APA sponsors, advertisers and affiliates (collectively “APA Content”). APA Content is protected by copyright, trademark, patent, trade secret and other laws, and we (or APA’s licensor) own and retain all rights in the APA Content and the Services. APA hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the APA Content (excluding any software code) solely for your personal use in connection with viewing the APA Website and using the Services. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any APA Content appearing on or through the Services (except for content that you post) without our express prior written permission.
- Advertisements. The Services may include advertisements and you understand and agree that such advertisements are necessary for us and our League Operators to provide the Services. You also understand and agree that Services may include certain communications from us or our League Operators, such as announcements, newsletters, and other messages. These communications are considered a part of your APA Membership and you will not be able to opt out of receiving them.
- Proprietary Rights in User Posted Content. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (“Content”) that you or other Users post on or through the Services. After posting your Content to the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Services, you hereby grant to us a limited license to use, modify, delete from, add to, publicly display, reproduce, and distribute such Content solely on or through the Services (regardless of media and format). The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to APA), fully-paid and royalty-free (meaning that we are not required to pay you for the use of the Services or the Content that you post), sub-licensable (so that we are able to use its affiliates, subcontractors and other partners, such as Internet Content delivery networks and wireless carriers, to provide the Services), and worldwide (because the Internet and the Services are global in reach). You represent and warrant that: (i) you own the Content posted by you on or through Services or otherwise have the right to grant the license set forth in this Paragraph, and (ii) the posting of your Content on or through Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Services.
- Inappropriate Content: Your postings on or through Services may not include any Content considered inappropriate in our sole judgment and discretion. We may reject, refuse to post or delete any Content for any or no reason, including Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Despite this prohibition, it is possible that other Users will post information, materials, products or services that may be unauthorized, impermissible or otherwise violate this Agreement, and we assume no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please notify us immediately at CONTACT APA.
We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Inappropriate and prohibited Content includes without limitation, Content (whether uploaded, posted, emailed, transmitted or otherwise disseminated) that, in our sole judgment: (a) is unlawful, harmful, threatening, or racially, sexually or ethnically offensive or insensitive; (b) is tortuous, vulgar, obscene, abusive, harassing or advocates harassment of another person; (c) contains nudity, violence, or offensive subject matter or links to an adult website; (d) is libelous, defamatory, disparaging, invasive of another’s privacy, or creates a security risk to another person; (e) is knowingly false or misleading; (f) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted materials, such as text, photos, graphics, and audio or video recordings; (g) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or messaging, “spimming,” or “spamming”; (h) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (i) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (k) involves commercial activities and/or sales without prior written consent from us, such as, contests, sweepstakes, barter, advertising, or pyramid schemes; (l) includes a photograph or video of another person that you have posted without that person’s consent; or (m) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- Inappropriate Activities. The following are examples of the kind of activity that is illegal or prohibited on the APA Website and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes without limitation: (a) criminal or tortious activity, fraud, drug dealing, gambling; (b) harassment, stalking, or invasion of another’s privacy; (c) spamming, spimming, sending of viruses or other harmful files; (d) copyright, trademark or patent infringement, or theft of trade secrets; (e) advertising to, or solicitation of, any Users to buy or sell any products or services through the unauthorized or impermissible use of the Services; (f) transmitting any chain letter or junk email to other Users; (g) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services; (h) 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 otherwise permit the unauthorized use of or access to a computer or a computer network; (i) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to Services; (j) impersonating or attempting to impersonate another Member, person or entity; (k) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; (k) using any information obtained from or through Services to harass, or harm another person or entity; (l) using any information obtained from or through Services for any business or commercial purpose without our express prior written approval; (m) using any information obtained from or through Services in connection with any competitive billiards products or services, including league and tournament services; (n) posting or displaying an unauthorized commercial advertisement; and (o) using the Services in a manner inconsistent with any and all applicable laws and regulations.
- Protection of Copyrights/Intellectual Property. We respect the intellectual property of others, and require that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary right of any person or entity. We have the right to terminate the Registration of infringers. If you are the owner of a copyright, trademark or other intellectual property and believe that some Content on Services infringes on your copyright, trademark or other intellectual property right, you should notify us immediately in accordance with our INTELLECTUAL PROPERTY POLICY.
- Member Disputes. You are solely responsible for your interactions with other APA Members. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Members.
- Disclaimers. We are not responsible for and make no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of the APA. Postings by Members or other Users on our APA Website may contain links to other websites. We are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Services, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email to or from players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at an APA event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.
- Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APA SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APA TO BE A REGISTERED USER OF THE SERVICES.
- Disputes. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Missouri, without regard to its conflict of law provisions. You, and we, agree to submit to the exclusive jurisdiction of the courts located within the State of Missouri to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT IT 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.
- Indemnity. You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Services causes us to be liable to another.
- Other. This Agreement is accepted upon your use of the APA Website or any of the Services and is further affirmed by you becoming a Registered User. This Agreement constitutes the entire agreement between you and the APA regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. APA is a trademark of APA, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: CONTACT APA with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.