LAST UPDATED – May 22, 2019
Thank you for your interest in WOW Sports Inc. (“WOW” “we” “us” or “our”), www.wowsportsinc.com (the “Website”), its mobile platforms, contracts, packages, programs and other products and services (“Services”). We are pleased to offer the Services to you in accordance with these Terms and Conditions of Use (“Terms”). The Terms govern our relationship with you and create a legally binding contract. For that reason, please read the Terms carefully.
By using the Services, you agree to the Terms. If you do not agree with any of the Terms set forth herein, please simply stop using WOW and send us an email about your concerns (see www.wowsportsinc.com for contact info). Please note that we may update the Terms from time to time as explained in more detail below.
Introduction: Who can use the services
To use the Services, you must be able to form a legally binding contract with WOW. By using the Services, you affirm that you are: (i) at least 18 years of age, (ii) an emancipated minor, or (iii) at least 13 years of age and you received the consent of your parent or legal guardian. If you are under the age of 13, you may not use the Services. If you are under 16, you must ask your parents or a guardian before you (a) e-mail the Website, or ask WOW to email anything to you; (b) send in any information to WOW; or (c) buy or pay for anything on our Website. By continuing to use this Website and WOWs Services, you are confirming that you have obtained the consent of your parents or legal Guardian. The Website and WOW Services are operated by WOW Sports Inc. of 1287 N Ocean Way Palm Beach FL, 33480. WOW is incorporated in the State of Delaware and registered to do business in the State of Florida with document number F18000003929. Access to, and use of, the Website are at all times at the sole discretion of WOW and the use of the Website is only available to a user with the consent of WOW. WOW reserves the right to withhold consent to your use of the Website at any time notwithstanding that you may have had previous use of the Website.
Rights WOW Grants to You
With certain features, you can save personal information, contact information, payment information and other materials (referred to as “Content”) to access at a later time. You are solely responsible for this Content. You shall not, at any time, use the Services to save Content that is illegal or infringes the privacy, publicity, or intellectual property rights of others.
You must also respect WOW’s rights, meaning you shall not:
- use WOWs logo, trademark or branding without WOW’s prior written consent;
- distribute any part of the Services without WOW’s prior written consent;
- attempt to alter, break, circumvent, disrupt, or reverse engineer any part of the Services;
- attempt to manipulate or influence any part of the Services;
- use or launch any automated means (including scripts, bots, crawlers, spiders, and scrapers) to create accounts, access, or use the Services;
- sell access to the Services;
- share your password, let anyone access your account, or do anything that might put your account at risk;
- use the Services to develop a product or service that is competitive or similar to the Services; or
- use the Services in violation of any applicable law or regulation.
Rights You Grant to WOW
Much of the content on the Website, including text, images, and videos, is protected by copyright and/or other intellectual property rights. When you use the Services to save Content (referred to as “Your Content”), you are solely responsible for that Content. So that we can provide the Services to you, you grant WOW a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content.
After you or WOW terminates or deactivates your account, or you remove Your Content from WOW, we may retain Your Content for a commercially reasonable period of time notwithstanding any breach or default on your own that would require us to utilize your information. Nothing in these Terms, however, shall restrict other legal rights WOW may have to Your Content. For example, if Your Content is in the public domain or WOW has another license to Your Content, then we may retain the Content indefinitely or in accordance with the terms of the other license. We reserve the right to remove or modify Your Content for any reason and at any time. For example, if Your Content violates these Terms, we may remove or alter it in order to bring it into compliance. For more specific information about how WOW uses the Content you save, please see our Policy.
While it may monitor, remove or delete transmissions to the Website, WOW is under no obligation to monitor, remove, or delete transmissions. WOW exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, or illegal information supplied to the Website; provided, however, that WOW may take any action with respect to any information that WOW deems in its sole discretion is necessary or appropriate, including the deleting of any such Content. You agree to promptly report any suspicious or unauthorized use of the Website to WOW. WOW reserves the right to monitor any and all activity on the Website, and WOW may notify the proper law enforcement officials if any suspicious activity is suspected or detected.
By purchasing a WOW package whether than be an International All Star Package, Professional Package, Women of WOW package or Buy Now Package, you agree to grant WOW the right and permission to use your likeness in photographs. Photographs include pictures that you place onto social media yourself or that we may take of you documenting your experience in any and all materials and publications without payment or consideration unless otherwise stipulated.
WOW is constantly evolving, and we hope that you will tell us how we can improve the Services. If you provide us with any feedback, you agree that we may use the feedback without restriction and without providing any compensation to you. By accepting your feedback, WOW does not waive any of its rights to any intellectual property that WOW developed independently or obtained from other sources. Please do not share information with WOW that you, or a third party to whom you owe a duty of confidentiality, consider to be confidential.
WOW respects the intellectual property rights of others and expects you to do the same. WOW reserves the right to terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (“DMCA”) specifies rules for proper notification and takedown of infringing Content. In accordance with these rules, if you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WOW to locate the material.
- Information reasonably sufficient to permit WOW to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner which is the subject of the complaint is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that WOW may not consider your DMCA notice if you do not include all of the above information. Our copyright agent may be reached at email@example.com or:
WOW Sports Inc
Attention: WOW Copyright Agent
1287 N Ocean Way
Palm Beach, FL 33480
You may also submit DMCA notices using our online form (when available).
If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to save and use the material in Your Content, you may send a counter-notice containing the following information to WOWs copyright agent:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Southern District of Florida and that you will accept service of process from the person who provided notification of the alleged infringement.
If WOW’s copyright agent receives a counter-notice, WOW may send a copy to the original complaining party informing that person that it may replace the removed Content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days after receipt of the counter-notice, at WOW’s sole discretion.
Right of Control and Termination
WOW may terminate, suspend or decline your account or purchase of services at any time, for any reason, and with or without notice to you. Upon termination or suspension, you continue to be bound by these Terms. WOW reserves the right, at its absolute discretion and without assigning a reason, to refuse any purchase of our services. Your purchase of any of WOWs services does not entitle you to attend or to vote at WOW general meetings and you will be liable for any charges suffered or incurred by WOW as a result of any rejected payments.
Your Account and Conduct
You are personally responsible for securing the confidentiality of your WOW account and password details and to ensuring there is no unauthorized access to your personal account from your personal computer. You are responsible and agree to all activities that occur under your WOW account and password. Your profile and password are non-transferable. You must notify WOW immediately if you feel for any reason that your password has become known to any entity or if it is being used in an authorized manner to access your account. You are responsible for ensuring all information uploaded to your is accurate and up to date and at any time you may examine this data and make amendments to it.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WOW, ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “WOW PARTIES”) DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT, AND YOU AGREE THAT THE WOW PARTIES WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE WOW PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE SERVICES ARE CONTROLLED AND OFFERED BY WOW FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE WOW PARTIES MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WOW MAINTAINS THE RIGHT TO SUBSTITUTE HOTEL ACCOMMODATIONS, TRANSPORTATION, LOCAL CLUBS, ALTER, CANCEL OR WITHDRAW THE ITINERARY OF A PACKAGE SHOULD WOW DEEM IT NECESSARY DUE TO FACTORS BEYOND THE CONTROL OF WOW, AND WOW WILL ASSUME NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM SUCH CHANGE. ALL TRANSPORTATION, MEALS AND ADDITIONAL COSTS OUTSIDE THE SCOPE OF WHAT EACH WOW PACKAGE OFFERS MUST BE BORNE BY THE PURCHASER. WOW RESERVES THE RIGHT TO REFUSE APPLICATIONS OR EXPEL FROM ANY PACKAGE PURCHASERS WHOSE CONDUCT IS DETRIMENTAL TO THE WELL BEING OR INTEREST OF OTHER PURCHASERS. NOTICE IS HERBY GIVEN THAT WOW CANNOT BE HELD RESPONISBLE FOR ANY DISRUPTION OF TRAVEL SCHEDULES, FLIGHT CANCELLATIONS, MISSED CONNECTIONS OF FLIGHTS OR DELAY DUE TO ANY REASON. REFUNDS OR CREDITS WILL NOT BE ISSUED FOR ANY UNUSED SERVICES OR ARRANGEMENTS.
Limitation of Liability / Waiver
IN NO EVENT SHALL THE WOW PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) USE, INABILTY TO USE, OR PERFORMANCE OF THE SERVICES, (B) CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (D) ANY UNAUTHORIZED USE OR ACCESS TO THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREWITH, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT SAVED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WOW PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE WOW PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of lost data.
Disputes / Indemnity
If anyone brings a claim against any of the WOW Parties related to your actions, you agree to defend, indemnify and hold harmless the WOW Parties from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. This defense and indemnification obligation will survive these Terms and your use of the Services.
You agree that the Services shall be deemed solely based in the County of Palm Beach, Florida (USA) and do not give rise to personal jurisdiction over the WOW Parties, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of Florida without respect to its conflict of laws principles.
You agree to resolve any claim, cause of action, or dispute (“claim”) you have with the WOW Parties arising out of the Services exclusively in a court of competent jurisdiction located in Palm Beach County, FL (USA), and you agree to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims. YOU SHALL BRING ANY SUCH CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
You agree that WOW is acting as an independent intermediary for suppliers in regards to arranging and selling services with tennis players, hotels, meals, tour companies, transportation, local clubs for tennis play and other suppliers to provide services. These Suppliers are considered to be Independent Contractors of WOW. You agree to waive any liability and responsibility of WOW for these suppliers in regards to their breach of contract or any intentional omissions or negligence. Consequently, you indemnify WOW to damages resulting from personal injury, delay, inconvenience, property damage, over whom WOW maintains no control over suppliers personnel, equipment and operations. All packages issued by WOW are subject to the terms and conditions of each individual supplier. Furthermore, WOW cannot be held responsible for any Acts of God, weather conditions, wars, political unrest or anything constituting Force Majeure.
Entire Agreement / Severability
Revisions of the Terms
WOW reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. The most current version of the Terms will always be posted on our Website. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Services.
These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by WOW without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void.