Through its online services, American Poolplayers Association (“APA”) provides the Members of our association of amateur pool players with access to a rich and expanding collection of information and resources designed to enhance the experience of participating in APA Pool League play. In addition, members of the public who access portions of our online services that are available to non-Members will also find information of interest.
When we refer to “we”, “us”, or “our” or “APA”, we mean APA, the Canadian Pool League, Inc. d/b/a Canadian Poolplayers Association, the APA of Singapore and the Japanese Poolplayers Association. 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 online resources we offer include all APA-branded or CPA-branded URLs (Uniform Resource Locators) and apps, including, without limitation, APA’s, website, local league websites, Online Member Services website, Online Member Services app, and Scorekeeper app, as well as all Content (as that term is defined herein), features, information, tools, forums, shopping services, search services, league, team and player performance statistics and data, personalized content, and interactive features contained on those websites and apps (the “Services”). All websites or apps providing, incorporating or related to the Services in any way shall be collectively referred to as the “Websites.”
We are constantly innovating in order to provide the best possible experience for our Registered Users and Visitors (as those terms are defined herein). Services and features of the Services may be added, changed, modified or discontinued by us from time to time at our sole discretion. All of our online Services (including Services and features of the Services added or modified from time to time) are subject to the following Terms of Use (“Terms”).
- 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 Services (the “Content”). By using the Services, you agree to be bound by these Terms, whether you are a Visitor or a Registered User. A “Visitor” is someone who browses any of the APA Websites or otherwise uses any aspect of the Services available to the public, but is not a Registered User of our Services. A Visitor can be an APA Member or not an APA Member. A “Registered User” is any current APA Member who has registered with us to use the Services. Registration is free of charge to persons with a current APA membership. The term “User” as used herein refers to every user of the Services regardless of whether the User is a Visitor or a Registered User. You are only authorized to use the Services if you agree to abide by all applicable laws and these Terms when using the Services. Please read these Terms and save them. If you do not agree to be bound by these Terms and/or to follow all applicable laws when using the Services, then you must leave this Website and not use any of the Services, or access any of the Websites. We may modify these Terms from time to time and any such modification will be effective when we post them on the Websites. If there is a conflict between the version of these Terms on any of the Websites, the version of these Terms then available at APA’s website, currently www.poolplayers.com, shall be the controlling and applicable version of these Terms. Your continued use of the Services after we post a modification of these Terms signifies your acceptance of the modified Terms. You should review the Terms regularly to ensure that you are updated as to any changes. Also, certain Services and/or Websites may have additional terms and guidelines which we will post on the appropriate Websites. Such additional terms and guidelines are part of these Terms and are incorporated into these Terms by this reference.
- Services Provided “As Is” and “As Available”. The Services allow us and our independent Local League Operators to provide you with a range of Content, including news about APA and your local APA League, 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 and 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, or the performance of any of the Services. You also understand that the Services can be interrupted or unavailable from time to time (e.g., for maintenance, technical problems or other issues) and we provide the Services only “As Available.”
- Registration, Account Use & Security. In order to access certain Services, such as the Online Members Services website and app, you must be a Registered User. To become a Registered User, you will be required to provide information about yourself (such as your name and contact information) through the registration process. Your continued use of a Service may be dependent upon you providing additional information beyond what you provided when you initially became a Registered User. By using the Services, you represent and warrant that (a) all information you submit through the registration process is truthful and accurate; (b) you will update the information previously provided if and when it changes; (c) you are 18 years old or older; and (d) your use of the Services do not violate any applicable law, regulation or these Terms.
- Passwords & Security. When you become a Registered User you will choose a password to use when accessing the Services made accessible to you because you are a Registered User (such Services shall be collectively referred to herein as your “Account.”) You are entirely responsible for maintaining the confidentiality of your password. If you believe the security of your password has been compromised, you must change the password as soon as possible. You may not disclose your password to any third party, and you are prohibited from using any other Registered User’s password. No User is permitted to use or access the Account, username, or password of another User at any time. You agree to notify us immediately if you suspect any unauthorized use of, or access of, your Account, the Services or 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, require you to create a new username and/or deny you access to the Services.
- Privacy & Your Personal Information. We respect your privacy. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information through, or in connection with, your use of the Services. Some of our Services may allow Users to make some of their personal information (simply by way of example, their name, company affiliation and/or job title) available to other Users as part of a membership directory or other listing included in a Service. If a Service allows you to make some of your personal information available, you are responsible for what personally identifiable information, and how much personally identifiable information, you make available to others through the Service or that you provide to other Users. As with all other Content on the Services, we reserve the right to refuse (or remove) listings in our sole discretion, without prior notice, if we believe, in our sole judgment, that they are inaccurate, were posted without authorization, or otherwise violate these Terms. When you make a payment through this Website or our Services, you are directed to a third-party website to enter your payment information (credit card number, expiration date, CVV code, or other relevant banking information) which is sent directly to a separate unrelated credit or debit card processing center which has represented to us that is PCI compliant. We do not take possession of or retain any of your credit or debit card account information. For information regarding our payment processor’s privacy policy refer to the information they make available on their website, https://stripe.com. Any payments made to Local League Operators not using the Services are not associated with us and are, therefore, not covered by these Terms.
- APA’s Right to Decline Registration, Terminate Registration or Reject User Content. We may decline or terminate your status as a Registered 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. Your violation of these Terms will greatly increase the likelihood that we will take one or more of these actions.
- Unauthorized Commercial Use Prohibited. The Services are used by APA and APA Local League Operators to inform our Members and Users about our local Leagues, our local, regional and international events and activities, official APA products, and the goods and services offered by our sponsors and advertisers. These Services are provided for your personal use and enjoyment. The Services are not to be used by you for commercial gain or business purposes. We reserve the right to remove unauthorized commercial content, in our sole discretion, as such content is a violation of these Terms. Illegal and/or unauthorized use of the Services, including, but not limited to, the collection of usernames, user ID numbers, and/or email addresses of APA Members, Registered Users or 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 the termination of your status as a Registered User as such content is a violation of these Terms.
- Proprietary Rights in APA Posted Content. The Services contain Content posted by APA and Local League Operators, and Content from APA sponsors, advertisers and affiliates with the authorization of APA (this Content will be referred to collectively as “APA Content”). APA Content is protected by copyright, trademark, patent, trade secret and other laws, and we (or APA’s licensee) own and retain all rights in the APA Content and the Services. APA hereby grants you a limited, revocable, non-sublicensable 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 for personal, non-commercial, purposes. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any APA Content appearing on or through the Services without APA’s express prior written permission.
- Advertisements. The Services may include advertisements and you understand and agree that such advertisements are necessary for APA and its Local League Operators to provide the Services. You also understand and agree that the Services may include APA, and/or its Local League Operators, sending you certain communications such as announcements, newsletters, emails, text messages and other messages. These communications are considered a part of your APA membership, you consent to receive them when you become a Registered User and you may not be able to opt out of receiving them.
- Proprietary Rights in User Posted Content. We do not claim any ownership rights in the Content you or other Users post on or through the Services whether the Content be in the form of text, files, images, photos, video, sounds, musical works, works of authorship, or any other form. As for any Content you post to or through the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By displaying, publishing or, otherwise, 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 cannot be required to pay you for the use of the Content), sublicensable (so that we are able to give other entities permission to use the Content, and use affiliates, subcontractors and other partners, such as Internet Content delivery networks and wireless carriers, to utilize the Content and/or provide the Services), and worldwide (because the Internet and the Services are global in reach, and cannot be reasonably limited to use in only specific geographic regions). You represent and warrant that (i) you own the Content posted by you on or through the 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 the Services does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for or reimburse APA for (if paid by APA) 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 the 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 these Terms or which may be offensive, may be illegal or may 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 these Terms, 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 http://www.poolplayers.com/contact/. 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/or in 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 tortious, 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 or recklessly 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 Services generally, including, but not limited to, the APA Website. 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 the Services to harass, threaten, or harm another person or entity; (l) using any information obtained from or through the Services for any business or commercial purpose without our express prior written approval; (m) using any information obtained from or through the 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, and/or remove infringing Content. If you are the owner of a copyright, trademark or other intellectual property and believe that some Content on the 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 or to take any action to resolve or avoid the dispute, or move interactions relating to the dispute off of the Services.
- Disclaimers. We are not responsible for and make no warranties, express or implied, as to the Services or 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. User Content does not necessarily reflect the opinions or policies of APA. Postings by Members or other Users on the APA Website may contain links to other websites. We are not responsible for the content of, or the 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 communication, including Member communications. 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. We cannot guarantee and do not promise any specific results from the use of the Services.
- Limitation on Liability. THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 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 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. These Terms 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 these Terms or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.
- Indemnity. You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners, attorneys and employees, harmless from any loss, liability, claim, or demand, including the incursion of reasonable attorneys’ fees, made by any third party due to, or arising out of or from, your use of the Services in violation of these Terms; and/or your breach of these Terms; and/or any breach of your representations and warranties set forth in these Terms; and/or you posting any Content on or through the Services that causes us to be liable to another party.
- Other. These Terms are accepted upon your use of the APA Website or any of the Services, regardless of whether you are a Registered User, but is further affirmed by you upon you becoming a Registered User. These Terms constitute the entire agreement between you and APA regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, and shall not prohibit us from exercising any of our rights under these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: http://www.poolplayers.com/contact/ with any questions regarding these Terms.
By using the APA Website or any of the Services, or by becoming a Registered User, you affirm the following state: “I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.”
