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INTRODUCTION
Welcome to www.SonyEricssonOpen.com (also
referred to in these Terms of Use as “this site”). This
site is owned by IMG Worldwide, Inc. (referred to in
these Terms of Use as “IMG”). Please direct any questions
or comments concerning this site, these Terms of Use
or the Privacy Policy below to tickets@imgworld.com .
PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF
USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS
SITE.
By accessing and using this site, you confirm your agreement
to these Terms of Use and the Privacy Policy. If you
do not agree to or do not want to be bound by these Terms
of Use, you are not authorized to use this site and should
immediately exit this site. IMG reserves the right, at
our discretion, to amend the Terms of Use, and to change,
add, remove, or otherwise modify any aspect, content
or feature of this site at any time. Please check these
Terms of Use periodically for any changes. Your continued
use of this site following the posting of changes to
these Terms of Use shall constitute your binding acceptance
of any such amendments, modifications, additions or deletions.
OWNERSHIP
All content included on this site, including, without
limitation, text, graphics, images, designs, artwork,
photographs, logos, audio or video clips, digital downloads,
data compilations and software, is the property of, or
licensed to, IMG or is the property of IMG's content
suppliers or licensors and protected by the laws of the
United States and other countries and international treaties.
The compilation of all content of this site is the property
of IMG and is protected by the laws of the United States
and other countries and international treaties. IMG's
marks indicated on the site are registered trademarks
of IMG. All other marks that are not owned by IMG
that appear on this site, such as those of IMG's clients,
are the property of their respective owners, which may
or may not be affiliated with or connected to IMG. All
of the above marks may not be copied, downloaded or otherwise
exploited without the permission of IMG or the owner
of such marks.
LICENSE AND SITE USE
IMG grants you a limited license to access and make
personal, non-commercial use of this site. In accordance
with these Terms of Use, you are not permitted to download
any material (including, without limitation, software,
text, graphics or other content), except for printing
single copies of pages (for personal, non-commercial
use provided that all copyright and proprietary notices
are maintained) frame or link to any page within or modify
all or part of the site. You may not redistribute,
sell, de-compile, reverse engineer, disassemble or otherwise
reduce to a human-readable form any software that you
are permitted to download from the site hereunder, except
as may be permitted by law. Except only as expressly
provided herein, this site (or any derivative work version
of it), its contents and any member or account information
may not in any form or by any means now known or hereafter
developed be reproduced, displayed, downloaded, uploaded,
published, repurposed, posted, distributed, transmitted,
resold, or otherwise exploited for any commercial purpose
without IMG's prior express written consent. All rights
not expressly granted to you above, including ownership
and title, are reserved for the owner and not transferred
or licensed to you.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality (as applicable) of account information,
credit card information, usernames, passwords and IDs
that may be required to use the site from time to time
("Account Information") and for restricting
access to your computer or other devices, and you agree
that you are responsible for all activity that occurs
under or with the use of your Account Information (including,
without limitation, usernames and password). IMG's site
security policies are contained in this site's Privacy
Policy (below). IMG reserves the right in its sole discretion
to refuse access to this site or the products and services
provided through it, terminate accounts and usage rights,
edit, or remove content or “submissions” (as defined
below) and cancel orders or requests for materials made
through this site.
SUBMISSIONS
Any information or materials you transmit, upload or
otherwise submit to this site (including, without limitation,
comments, reviews, email messages) or any creative suggestions,
ideas, notes, drawings, concepts or other information
sent to this site or other means of transmission or delivery,
shall be collectively referred to as "submissions." If
you transmit or otherwise deliver submissions to IMG,
you grant IMG a nonexclusive, royalty-free, perpetual,
irrevocable (or the longest period permitted under law)
license (with the right to sublicense and assign) to
use, reproduce, modify, adapt, publish, translate, publicly
perform and display, transmit, make, sell, create derivative
works from and distribute such submissions or incorporate
such submissions into other works in any form or medium
and through any means or modes of distribution or technology
now known or hereafter developed. You hereby agree and
represent to IMG that you own or have been granted the
necessary intellectual property and other rights in the
submissions (including, without limitation, a waiver
of any applicable moral rights) to grant such license
to IMG that no such submissions are, or shall be, subject
to any obligation of confidence on the part of IMG and
that IMG shall not be liable for any use or disclosure
of any submissions. Without limitation of the foregoing,
IMG shall be entitled to unrestricted use of the submissions
for any purpose whatsoever, commercial or otherwise,
without notice to or compensation to the provider of
the submissions.
CONTENT LINKED TO THIS SITE
Please exercise discretion while browsing the internet
using this site. You should be aware that while you are
on this site, you could be directed to other websites
that are beyond our control. There are links to other
sites from this site's pages that take you outside this
site. This includes links to organizations, fan clubs,
advertisers, and regional sections, as well as sites
maintained by IMG sponsors, IMG clients, IMG events,
IMG affiliates and IMG content partners (among others)
that may or may not use our logo. These other sites may
send their own cookies to users of their sites, collect
data, or solicit personal information. These other
sites may contain content or information that you may
find inappropriate or offensive. IMG reserves the right
(but shall have no duty) to disable links from these
third party sites to this site. IMG makes no representations
concerning the content of sites linked to this site or
listed in any of our directories. Consequently, IMG cannot
be held responsible for the accuracy, relevancy, copyright
compliance, legality or decency of material contained
in sites listed in our search results or otherwise linked
to this site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, IMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMG DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
IMG explicitly disclaims any responsibility for the
accuracy, truthfulness, completeness, content, or availability
of information found on sites that link to or from this
site. IMG cannot ensure that you will be satisfied with
any products or services that you purchase from a third
party site that links to or from this site or third party
content on our sites. IMG does not endorse any of the
merchandise (if any) except as expressly provided, nor
has IMG taken any steps to confirm the accuracy or reliability
of any of the information contained in such third party
sites or content. IMG does not make any representations
or warranties as to the security of any information (including,
without limitation, credit card and other personal information)
you might be requested to give any third party, and you
hereby irrevocably waive any claim against us with respect
to such sites and third party content. IMG strongly encourages
you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline
transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
and security of your Account Information and for all
activities that occur under your account. You agree to
indemnify, defend and hold IMG and IMG's affiliated companies
and their respective officers, directors, employees and
agents harmless from and against any third-party claims,
demands, actions, suits, proceedings, liabilities, damages,
losses, judgments and expenses (including, but not limited
to, the costs of collection, reasonable attorneys' fees
and other reasonable costs of defense or enforcing your
obligations hereunder) resulting from or arising out
of any breach or non-compliance by you of these Terms
of Use, any of your representations or misuse of this
site or of any site linking to this site, and any claim
brought by persons or entities (other than the parties
to this Agreement) arising from or related to your access
to and use of this site. You shall use your best efforts
to cooperate with us in the defense of any claim.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL IMG BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS
OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE,
EVEN IF IMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL IMG'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER
IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN
DAMAGES.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this site
are presented solely for the purpose of promoting IMG,
its clients, events, products and services and its sponsors
and advertisers available in the United States and its
territories, possessions and protectorates. IMG makes
no representation that materials on this site are appropriate
or available for use in any particular location. Those
who choose to access and use this site do so on their
own initiative and are responsible for compliance with
federal, state, and local laws, rules, codes, regulations
and ordinances, as applicable.
TERMINATION
These Terms of Use are effective until terminated by
either party. Your access to this site may be terminated
immediately without notice from us for any reason, including
without limitation, if, in our sole discretion, your
failure to comply with any term of these Terms of Use.
Upon such termination, you must cease use of this site
and destroy all materials obtained from such site and
all copies thereof, whether made under the terms of these
Terms of Use or otherwise. You may terminate at any time
by discontinuing use of this site. Upon such termination,
you must destroy all materials obtained from any and
all such sites and all related documentation and all
copies and installations thereof, whether made under
the terms of this Terms of Use or otherwise.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512,
IMG reserves the right, but not the obligation, to terminate
your license to use the site if it determines in its
sole and absolute discretion that you are involved in
infringing activity, regardless of whether the material
or activity is ultimately determined to be infringing. In
addition, pursuant to 17 U.S.C. Section 512(c), IMG has
implemented procedures for receiving written notification
of claimed infringements and for processing such claims
in accordance with the Act. All notifications of
claimed infringement should be sent to the Service Provider's
Designated Agent. Notification must be submitted to the
following
Designated Agent:
By Mail:
IMG Worldwide, Inc.
IMG
Center , Suite 100
1360
E. 9th Street
Cleveland
, Ohio 44114-1782
United
States of America
(216)
522-1200
Attention: General Counsel
By fax: 216-436-3187, Attention: General
Counsel
To be effective, any written notice regarding defamatory
or infringing activity must be a written communication
that includes the following information:
A physical or electronic signature of the person authorized
to act on behalf of (1) the owner of an exclusive right
that is allegedly infringed or (2) the person defamed;
Identification
of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site. Similarly, for
materials that are defamatory or infringe patent, trademark,
or other proprietary rights of a third party, please
submit a list of such materials;
Identification
of the material that is claimed to be infringing, to
be the subject of infringing activity, or that is claimed
to be defamatory, and that is to be removed or access
to which is to be disabled, and information reasonably
sufficient to permit IMG to locate the material;
Information
reasonably sufficient to permit IMG to contact you, such
as an address, a telephone number and, if available,
an electronic mail address at which the complaining party
may be contacted;
A
statement that you have a good faith belief that use
of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and
A
statement that the information in the notification is
accurate and, under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
GENERAL PROVISIONS
By visiting this site you agree that the Terms of Use
shall be governed by and construed in accordance with
the laws of the State of Ohio, without giving effect
to any principles of conflicts of law, and that any action
at law or in equity arising out of or relating to these
Terms of Use and the Privacy Policy (below) shall be
filed only in the state or federal courts located in
Cuyahoga County, Cleveland, Ohio and you hereby consent
and submit to the exclusive venue and personal jurisdiction
of such courts for the purposes of such action. If any
provision of these Terms of Use shall be unlawful, void
or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and
shall not affect the validity and enforceability of any
remaining provisions. These Terms of Use constitute the
entire agreement between us relating to the subject matter
herein, supercede all prior or contemporaneous communications
and proposals, whether oral or written, and shall not
be modified except in writing, signed by both parties. You
may not assign any of your rights, obligations or privileges
hereunder without the prior, written consent of IMG. Any
assignment of the foregoing other than as provided for
in this section shall be null and void, ab initio. No
wavier of any provision or any right granted hereunder
will be effective unless set forth in a written instrument
signed by the waiving party. No waiver by either
party of any breach or default hereunder shall be deemed
a waiver of any subsequent breach or default. You
agree not to reproduce, duplicate, copy, sell, resell,
or exploit for any commercial purposes, any portion of
the site or access to the site. The titles and
subtitles used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting
this Agreement.
©IMG Worldwide, Inc. All rights reserved. 2007.
PRIVACY POLICY
Privacy Policy for This Site
Your privacy on the internet is of the utmost importance
to us. Because we gather certain types of information
about the users of this site, we feel you should fully
understand the terms and conditions surrounding the capture
and use of that information. This privacy policy discloses
the privacy practices for this site (“this site”) - what
information we gather, how we use it and how to correct
or change it. This privacy policy only addresses our
activities from our servers. Other sites (including those
to which this site links and third party sites or services
with which IMG may have relationships) may have their
own privacy policies and practices, which we do not control,
and we are not responsible for nor we endorse such practices
or policies.
General Privacy Information
This site contains links to partners, advertisers and
third party internet sites and services who may collect
data in connection with sweepstakes, promotions, e-commerce,
etc. They each have separate privacy and data collection
practices, independent of this site and IMG has no responsibility
or liability for these independent policies or actions
and is not responsible for the privacy practices or the
content of such sites. Please keep in mind that whenever
you voluntarily and publicly disclose personal information
on any online service or website - for example through
email - that information can be collected and used by
others. In short, if you post personal information online
that is accessible to the public, you may receive unsolicited
messages from other parties in return. Further, while
we take reasonable steps to protect your personal information
using the security and other measures set forth herein,
IMG cannot ensure or warrant the security of any information
you transmit to us, and you do so at your own risk. You
are solely responsible for maintaining the secrecy of
your passwords and/or any account information. Please
be careful and responsible whenever you are online.
Collection and Use of Information
This site collects information about you both from what
you tell us and what we collect through the use of cookies
(see Cookies below). Information collected about you
is used in two different ways. Information is "aggregated" --
meaning that the information from many users is grouped
together in a way that does not disclose the personal
information of any particular user. We may use this aggregated
information to determine user traffic statistics for
this site (including without limitation to determine
browser usage, duration of stay, the referring URL, IP
address geographical location, etc.) and to evaluate
which products and services are successful and which
ones are not, and in order to evaluate which new services
we should make available on this site. We may use only
the anonymous click stream data to help our advertisers
deliver better-targeted advertisements. In addition,
IMG may use personal information collected through cookies
and registration pages to target e-commerce promotions
and telemarketing activities for products and services
related to IMG and/or its sponsors, advertisers and business
partners. In addition, some of your personal information
may be shared with third parties who assist IMG in producing
its site or provide a service to this site's users.
Registration
Anyone who participates in any interactive activities
offered on this site may be asked to register for a free
guest ID and password or to complete subscription registration
for an ID and password. We use this contact information
from this registration form to send the registrant information
about IMG, IMG affiliates, IMG events and clients, and
promotional material from some of our clients, sponsors,
advertisers and business partners. Users may always opt-out
of receiving any such information either by responding
to the relevant communication as directed or by contacting
this site (see Contacting the Site and Changing Your
Personal Information below). Financial information that
is collected may be used to bill the user for any products
and services purchased from IMG. The registrant's contact
information is also used to contact the user who has
purchased good from this site when necessary for customer
service reasons. Unique identifiers, such as ID and passwords,
are collected to verify the user's identity and for use
as account numbers in our record system.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, IMG
hereby notifies you that parental control provisions
(such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web Sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org. To
view information on our policy regarding the privacy
of children under the age of 13, please see our privacy
policy.
Children Under the Age of 13
This privacy notice describes our practice of collecting,
using and disclosing any personal information collected
by IMG from all visitors to the Site, therefore including
visitors who are children under the age of 13. If you
have any questions about this policy, you may contact
us by e-mail at pgrooms@imgworld.com ,
or in writing at Website Operator, IMG, IMG Center ,
Suite 100 , 1360 East 9th Street , Cleveland , OH 44114-1782
.
IMG collects personal information from those who access
the site. The personal information collected by IMG is
currently limited to each visitor's name and email address.
No user is required to disclose more information than
is reasonably necessary. Any collected information is
for IMG's internal purposes only, and is not disclosed
to third parties. Information may be used for marketing
purposes, and/or to provide you with IMG information
which we believe may be of interest to you. In order
to receive such information, marketing and otherwise,
it is necessary for you to establish an account with
us.
It is IMG's intent to adhere to the provisions of the
Children's Online Protection and Privacy Act of 1998
(U.S.C. 6501 et seq.) ("COPPA"). No child who
visits the site is required to provide any information
in order to access most of the site. If you are under
age 13, please have a parent or guardian establish your
account on the site. For account registration on the
site, we require your name and email address. IMG will
not rent or sell children's personal identifiable information.
IMG will not contact children under age 13 regarding
special offers or for marketing purpose without parental/guardian
consent. A parent/guardian may review his or her child's
personal information, ask to have it deleted and/or refuse
to allow any further collection or use of his or her
child's information from the site. To do any of the foregoing,
please contact the site's operator through one of the
methods listed above.
Cookies
A cookie is a small data file that certain websites
write to your hard drive when you visit them. A cookie
file can contain information such as a user ID that the
site uses to track the pages you've visited. But the
only personal information a cookie can contain is information
you supply yourself. Generally, cookies work by assigning
a unique number to the user that has no meaning outside
the assigning site. A cookie can't read data off your
hard disk or read cookie files created by other sites.
This random number lets us keep track of "how many" times
customers are doing specific things - like visiting our
site each month - without really knowing who those customers
are. We use cookies to deliver content specific to your
interests and to save your member ID. Additionally, after
you've entered your member ID and password during a session
on our service, we save that information so you don't
have to reenter it repeatedly during that session. Users
should be aware that this site cannot control the use
of cookies or the resulting information placed by advertisers
or third parties hosting data for this site. If a user
does not want information collected through the use of
cookies, there is a simple procedure in most browsers
that allows the user to deny or accept the cookie feature;
however, users should note that cookies maybe necessary
to provide the user with certain features (e.g., customized
delivery of information) available on this site.
Newsletter
We may offer newsletters to share content information
about this site with interested users. We use contact
data from our newsletter subscriptions to send users
the newsletter. On occasion we will email customers promotional
material from some of our sponsors, advertisers or business
partners. Users may cancel their free email subscriptions
and other communications by following the simple instructions
at the bottom of each newsletter or email.
Security
This site utilizes a variety of security measures to
maintain the safety of your personal information. All
user contact information is contained behind a "firewall" and
only accessible by a limited number of employees who
have special access rights to production systems. Passwords
and credit card numbers are encrypted in this site's
secure database, which is also located behind a firewall.
All sensitive/credit information supplied by users is
transmitted via Secure Socket Layer (SSL) technology
and then encrypted in this site's databases as stated
above.
©IMG Worldwide, Inc. All rights reserved. 2007.
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