DESERT CHAMPIONS LLC (“THE COMPANY”, “WE” OR “US”) WEBSITES TERMS OF USE
THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE WEBSITES OWNED BY THE COMPANY. SUCH WEBSITES ARE CURRENTLY LOCATED AT THE FOLLOWING URLS (COLLECTIVELY, THE “SITES” OR “WEBSITES”):
BNPPARIBASOPEN.COM
DESERTCHAMPIONS.COM
INDIANWELLSTENNISGARDEN.COM
BNPPARIBASOPENSHOP.COM
EASTERBOWL.COM
CHAMPIONSVOLUNTEERFOUNDATION.ORG
UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITES” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THE SITES (THE “SERVICES”) AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITES FROM A MOBILE DEVICE. BY USING THE SITES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITES, ANY SERVICES AVAILABLE THROUGH THE SITES OR ANY INFORMATION CONTAINED ON THE SITES.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Changes.
The Company may make changes to the content and Services offered on the Sites at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Sites. By using the Sites after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites.
General Use.
By using the Sites, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Sites with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Sites and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Sites at any time or in any manner or submit any information to the Company or the Sites.
The Company provides content through the Sites and through the Services that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Sites (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use. Except for the foregoing license, you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Sites or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Mobile Applications.
The Company makes available Mobile Applications to access the Sites via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. The Company does not warrant that the Mobile Application will be compatible with your mobile device. The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. (“Apple”).
Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
The Company, and not Apple, are solely responsible for our iOS App and the Services and Materials available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and the Company only, and not with Google, Inc. (“Google”).
Your use of the Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. The Company, and not Google, are solely responsible for the Company’s Android App and the Services and Materials available thereon. Google has no obligation or liability to you with respect to the Company’s Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Company’s Android App.
Using the Sites and the Services on the Sites.
You can simply view the Sites, purchase tickets and not use any other Services on the Sites. You need not register with the Company to simply visit and view the Sites and purchase tickets.
Password Restricted Areas of the Sites.
Desert Champions may create features that requires an account registration. If you desire to register for an account with the Company, you must submit the following information through the account registration page on the Sites: name and email address. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Sites or its Services. Once you have submitted your account registration information, the Company administrator shall have the right to approve or reject the requested registration, in the Company administrator’s sole discretion. If your account is approved by the Company administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Sites using that password (the “Password”) for the first time you log into your account on the Sites to complete the account registration process.
You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify the Company if your Password on the Sites is lost, stolen, if you are aware of any unauthorized use of your Password on the Sites or if you know of any other breach of security in relation to the Sites.
All the information that you provide when registering for an account and otherwise through the Sites must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting the Company using the contact information at the end of these Terms requesting that we make the change.
Tickets Policy.
ALL TICKET SALES ARE FINAL – NO REFUNDS/CREDITS – NO RETURNS – NO EXCHANGES – under any circumstance. A reasonable effort will be made to accommodate ticket holder at a subsequent session if the session for which this ticket is issued is postponed or canceled due to weather or other causes beyond our control. The session time, duration and date are subject to change without prior notice. Ticket holder agrees to submit to security checks prior to, or during entry or within the Indian Wells Tennis Garden (“IWTG”). SMOKING IS PROHIBITED AT THE IWTG. THIS INCLUDES ALTERNATIVE SMOKING DEVICES SUCH AS ELECTRONIC AND/OR VAPOR.
This ticket constitutes a revocable license for the specific session for which it is issued. No seat license or guaranteed seating location is created hereby for other sessions in this Event or other Events. We reserve the right to refuse admission and service to anyone and to relocate, remove and/or evict anyone not cooperating with Event/Stadium staff or not complying with the rules and regulations of the IWTG or otherwise engaging in illegal, disruptive, or dangerous behavior. RESALE OF THIS TICKET AND ANY ACCOMPANYING PARKING PASS IS PROHIBITED. If offered for resale, this ticket and/or parking pass may be seized and canceled without compensation. Tickets obtained from sources other than directly from the IWTG Box Office or the Event’s official website may be stolen or counterfeit and, if so, are void and will not be honored. If this ticket is lost, the original purchaser with proof of purchase may replace this ticket for a fee. Each ticket carries a unique barcode. All tickets must have a valid barcode for admittance. The first ticket presented with this barcode will be considered valid and all others will be rejected and entry denied its holder. DO NOT DUPLICATE. We are not responsible for any inconvenience, damage or loss caused by unauthorized duplication. Ticket holder may not (i) continually collect, disseminate, transmit, publish or release from the IWTG any match scores or related statistical data during match play (from the commencement of a match through its conclusion for any commercial, betting or gambling purpose) and/or (ii) film, photograph, broadcast, stream, publish, transmit and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film and/or other audio-visual content captured by any means whatsoever inside the IWTG (except as is allowed in the ATP Tour Tournament Accreditation Policy). The continual use of laptop computers or other handheld electronic devices within the confines (spectator area) of the Event match courts is prohibited. The exception to this provision is properly credentialed media, Event vendors and Event staff when used in the performance of their duties. Ticket holder may use cameras, including phone cameras, without a flash, to capture photos/videos for personal and private, non-commercial use.
Ticket holder grants permission and gives consent to the owner, manager and/or promoter of the Event, and any of their designees, to (a) record, stream, videotape and photograph ticket holder at the Event and (b) utilize ticket holder’s name, likeness, image, voice, writings and other identification in any manner, in and on any media, in perpetuity and without payment or approval, including (for example) in any and all: still pictures of/from the Event; live or recorded television, radio, wireless, or internet transmissions of the Event; and in general promotion of the Event and the owner, manager and/or promoter of the Event.
Ticket holder voluntarily ASSUMES ALL RISKS and DANGERS incidental to being at the IWTG as a spectator at the Event. Ticket holder agrees that the owner, manager, and/or promoter of the Event, the owner and manager of the IWTG, and each of their respective members, agents and affiliates, the players, participants, officials, sponsors, vendors, suppliers, volunteers, and/or performers for the Event (collectively, the “IWTG Parties”) are not responsible or liable for any injury, loss, or damage occurring out of or incidental to the Event or ticket holder’s presence at the IWTG and any adjacent properties used for the Event.
PRICE IS INCLUSIVE OF HANDLING FEE AND CITY TAX
