Open Squash Website Terms of Use and Privacy Policy Our Terms of Use and Privacy Policy apply to each visitor (each a “User” or “you”) who uses, registers, or creates an account (an “Account”) on the websites owned by the Open Squash (“MCSC”) or The Squash Center (“TSC”, and together with MCSC, “we” or “us”), currently found at TheSquashCenter.org and OpenSquash.org, as well as any other associated websites for online booking or shopping that we own. Throughout the Terms of Use and Privacy Policy, we refer to these websites as, collectively, the “Platform.”
By accessing and using the Platform you agree to the applicability of the Terms of Use and Privacy Policy. If you do not agree to be bound by any part of the Terms of Use and Privacy Policy you should not create an Account or interact with the Platform.
No part of the Platform is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THE PLATFORM.
The Terms of Use and Privacy Policy are separate from (and in addition to) the “Terms and Conditions” governing membership in MCSC and the conduct of members and their guests. Those Terms and Conditions are available here: Membership Terms.
The Terms of Use and Privacy Policy are divided into two sections: The first section, “Platform Terms of Use,” addresses your obligations as a User of the Platform, and your rights and obligations as a User of the Platform when purchasing goods or services using the Platform. The second section, “Platform Privacy Policy,” addresses how we use the personal information or other data you provide us when you use the Platform.
We reserve the right to update and revise our Terms of Use and Privacy Policy at any time. You are responsible for reviewing and understanding the Terms of Use and Privacy Policy in effect at the time you use the Platform.
Platform Terms of Use Commercial Use Prohibited. The Platform is for personal use only.
Platform Content Copyright/Trademark. Unless otherwise noted, all content included on the Platform, including any compilation of that content, is the property of TSC or its licensors, partners or affiliates and is protected by United States and international copyright laws. Any unauthorized use of any content on the Platform is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All trademarks, service marks, and trade names that appear on the Platform are proprietary to TSC or their respective owners, and you may not display or reproduce them in any manner without TSC’s prior written consent.
User Provided Content. From time to time, TSC may allow Users to post comments, photos, or similar materials on the Platform (such user-provided content, “UPC”), which TSC may decide to remove at any time for any reason. UPC must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material. Moreover, by posting UPC, you hereby grant TSC an unrestricted, assignable, sub-licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, or otherwise use and exploit all UPC to the fullest extent provided by law, for any purpose, including promoting and marketing TSC. Finally, you represent, warrant, and covenant that you either are the sole and exclusive owner of any UPC you post, or have all rights, licenses, consents, and releases that are necessary to grant TSC the rights in the UPC as contemplated under these Terms of Use, and that the UPC does not infringe, misappropriate or violate the rights of any party or entity, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation, or require TSC to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
Rights Under the DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TSC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We do not represent or guarantee the truthfulness, accuracy, or reliability of UPC.
Prohibited Activities. Illegal activity is prohibited on the Platform. You must comply with all privacy, data protection, intellectual property, and other applicable laws. Should you fail to do so, not only is your activity potentially illegal, it is a violation of these Platform Terms of Use. For the avoidance of doubt, you may not:
introduce any viruses, bots Trojans, or similar programs or any harmful or malicious code onto the Platform; attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Platform, Accounts, or the technology and equipment supporting the Platform; use data mining, robots, or other data gathering devices on or through the Platform; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Platform to a third-party without our express written consent; post advertising or marketing links or content without our express written consent; use the Platform in an illegal way or to commit an illegal act in relation to the Platform or that otherwise results in fines, penalties, and other liability to TSC or others; or access the Platform from a jurisdiction where it is illegal or unauthorized.
Online Commerce. Certain sections of the Platform may allow you to make purchases from us. If you make a purchase from us through the Platform, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, our payment processing company, and any third-party with whom we contract for purposes of order processing or fulfillment.
Returns of Merchandise. Merchandise purchased through the Platform may be returned within thirty (30) days of the date of purchase for a full refund. If you wish to return merchandise you must send an email to Info@TheSquashCenter.org including your order number and the item(s) you wish to return. A return authorization will be emailed to you with instructions. No return will be accepted without a return authorization.
In addition, all returns must be in brand new resaleable condition. We will not accept any of the following as returns:
racquets that have been played with and/or plastic wrap removed from grip; custom strung racquets; footwear that has any indication of being used; string, grip, balls, or accessories for which the package has been opened; any clothing that has been worn or from which the tags have been removed.
Any items you attempt to return to us that do not meet our return policy (including your failure to obtain a return authorization) will be sent back to you at your expense, with all shipping expenses charged to your credit card.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) YOUR USE OF THE PLATFORM AND ANY PRODUCTS YOU PURCHASE THROUGH THE PLATFORM IS AT YOUR SOLE RISK, AND THE PLATFORM AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE PLATFORM, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) WE MAKE NO WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation on Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE PLATFORM; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Platform Privacy Policy Types of Personal Information We Collect. TSC collects the following types of information about you (collectively, “Personal Information”):
(a) Information you provide to us: We and our third party service providers (“Contractors”) may collect certain information from or about you in connection with your use of the Platform, your submissions to us via the Platform, whether through an Account or otherwise, including, but not limited to, your name, e-mail address, mailing address, telephone number, and credit card information (including credit card number, expiration date, security code, billing name and billing address). In addition, we and our Contractors may collect the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made.
(b) Information collected via technology: The servers used to host and operate the Platform may collect certain data pertaining to you, including data regarding the source from which you are directed to the Platform, the equipment and communications method that you use to access the Platform, and your activities on the Platform. We and our Contractors may combine components of this data with other Personal Information we collect, which may identify you. Unless otherwise described in this Privacy Policy, such data (which is also deemed “Collected Information” hereunder) will be used solely for the purposes described below.
In addition, the information we collect may reveal such things as the Internet protocol address assigned to your computer, specific pages that you access on the Platform or prior to or after visiting the Platform, and the length of time you spend at the Platform..
Mechanisms for Collection of Personal Information. We collect Personal Information (i) upon a User’s creation of an Account; (ii) upon logging into the Platform; (iii) upon interaction on the Platform or use of an Account; and (iv) when you communicate with us. TSC uses cookies and related technologies, including without limitation pixels, local storage, and software development kits (SDKs) for mobile applications, to obtain certain types of Personal Information. We use cookies to recognize you as a User. Cookies may remain on your device until you erase them or they expire. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of our Platform.
Purpose of Collection and Use of Personal Information. We collect and use Personal Information for a number of reasons. We may use it to:
administer the Platform, Accounts, and transactions with respect to Accounts; operate and improve the Platform; provide customer support; communicate with Users regarding support, security, technical issues, marketing, and transactions; target offers to Users and elevate User eligibility for offers, products, or services and the appropriateness of those offers, products, or services for Users; facilitate marketing, advertising, surveys by TSC or its commercial partners administer and carry out our obligations under contracts and to comply with the law.
Disclosure of Personal Information. We may disclose your Personal Information to:
TSC’s Affiliates and commercial partners, which may use the Personal Information for the purposes described above; Contractors who act for us or provide services for us, such as for marketing or for the processing of payments, and as to such Contractors their use of Personal Information is subject to our agreements with them and any applicable laws; any person or government agency in response to a subpoena; to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued; to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued; any person to enforce our rights or protect our property, to protect the rights, property or safety of others, or to investigate fraud; any person, at your specific direction; and TSC’s employees and outside professionals (such as lawyers and accountants) for the purpose of auditing, compliance, and corporate governance.
Email Policies. We reserve the right to send you email relating to your Account and TSC’s products or services. You agree to receive such emails. We also reserve the right to send you email concerning programs and products that may be of interest to you, whether offered by MCSC or its commercial partners, but you may opt out of such email by clicking this link and following the prompts.
No Responsibility for Privacy Practices of Third Parties. These Terms of Use and Privacy Policy apply only to the Platform. They do not apply to other sites that have linked or are redirected to or from the Platform, regardless of whether or not such link or redirection is authorized by TSC. These Third Party Platforms may have their own policies regarding privacy, or no policy at all. TSC is not responsible for Third Party Platforms and you use them at your own risk.
No Expectation of Privacy In User-Provided Content. The Platform may contain areas where you are able to submit UPC. Such use is subject to the Platform Terms of Use, and may be viewed by the public at large. Any information you post on the Platform as UPC, including Personal Information, will be public, and, therefore, anyone who accesses such postings will have the ability to read, collect and further disseminate such information.
Accessing and Correcting Personal Information. You may correct or update certain of your Personal Information via your “My Account” screens on the Platform. You may close an Account, but TSC will nevertheless retain your Personal Information so as to protect the business interests of TSC, its affiliates, its customers, Contractors, and other Users. Those interests include the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.
Governing Law and Notice to Residents of Countries outside the United States of America. TSC is headquartered in New York, New York, in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to Contractors, TSC affiliates, or commercial partners elsewhere in the world. By providing us with Personal Information, you consent to this transfer. TSC will adhere to its Privacy Policy, regardless of where the Personal Information is processed or stored.
These Terms and Conditions and Privacy Policy shall be interpreted in accordance with the law of the State of New York and any applicable U.S. federal law, without regard to choice of law.
California Privacy Rights and Other Inquiries. Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform Users about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.
To request a copy of the information disclosure provided by TSC pursuant to Section 1798.83 of the California Civil Code, or to make any other inquiries or offer comments about the Terms of Use and Privacy Policy, please contact us via email to info@opensquash.org, or by writing us at 25 West 39th Street, 5th Floor, New York, NY 10018.