Terms and Conditions of Use (BNP Paribas Open Website)

INTRODUCTION

Welcome to bnpparibasopen.com (“Website”). This Website is owned by Desert Champions LLC (“DC”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website, you signify your agreement to these Terms and Conditions of Use (“Terms of Use”) and our Privacy Policy. If you do not agree to these Terms of Use, or you are under the age of 13, please do not use this Website. DC reserves the right, at our discretion and without notice, to change, add, remove or otherwise modify portions of these Terms of Use at any time and in any manner. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to these Terms of Use means you accept those changes.

OWNERSHIP

All content included on this Website, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations (including, without limitation, results and statistics) and software, is the property of DC or DC'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 Website is the property of DC and is protected by the laws of the United States and other countries and international treaties. BNP Paribas Open, Indian Wells Tennis Garden, and other marks indicated on this Website are registered trademarks of in the United States and are owned by or licensed for use by DC. All other trademarks that are not owned by DC that appear on this Website are the property of their respective owners, which may or may not be affiliated with or connected to DC.

LICENSE AND WEBSITE USE

DC grants you a limited license to access and make personal, non-commercial use of this Website. In accordance with these Terms of Use, you are not permitted to download, copy, integrate, scrape, or take similar action respecting any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access this Website (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of this Website without DC's express written consent. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from this Website hereunder, except as may be permitted by law. Except only as expressly provided herein, this Website (or any derivative work version of it), its contents (including, without limitation tournament data) and any personal 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 DC's prior express written consent. For the avoidance of doubt, you agree not (a) to access and/or use the Website for any purpose not expressly authorized by these Terms of Use or for which DC has granted its consent and/or (b) to transmit, post, or distribute to the Website content that: 

All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

CHILDREN’S LIMITATION OF USE

If you are under the age of 13, or you have children or are responsible for children under the age of 13 who may wish to utilize this Website, please see the Children’s Privacy & Parental Consent section found in the Privacy Policy for limitations on such use.

REGISTRATION DATA

In order to access some of the services, applications or sweepstakes offered by DC or at the BNP Paribas Open, you may be required to register and/or provide personal information, such as name, email, telephone number and birthdate ("Registration Data"). Although information may be required to participate in certain activities or promotions, participants provide that information voluntarily. DC adheres to strict data management protocols. Those protocols vary based on the category of participation with DC.

By registering, you agree to: i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree DC shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including but not limited to your failure to receive critical information about this Website or any mobile service or your account. You further agree DC is authorized to verify such Registration Data. The information we obtain through your use of this Website, mobile Website or any BNP Paribas Open app is subject to our Privacy Policy. Every subsequent DC email communication will carry a simple opt-out or unsubscribe link at the bottom of the email. Any suspected abuse of your Registration Data should be reported to DC at the contact listed below under Notice for Copyright Infringement.

You acknowledge and agree that DC, in management of certain sweepstakes, contests, promotions, or programs, may share your information with sweepstakes, promotions and program partners or BNP Paribas Open Sponsors (collectively, “Permitted Third Parties”). Your registration constitutes permission for DC and Permitted Third Parties to contact you for promotional and/or marketing purposes. Your relationship with each Permitted Third Party is independent of DC and subject to that Permitted Third Party’s terms of use and/or privacy policy. By registering, you acknowledge and agree that DC does not and cannot control the actions of any Permitted Third Party, and you further agree to release and hold harmless DC from any and all liability, injury, loss or damage of any kind that may arise from or out of your interaction with such Permitted Third Party.

YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and Ids that may be required to use this Website 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). DC reserves the right in its sole discretion to refuse access to this Website or 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 Website.

SUBMISSIONS

Any information or materials you transmit, upload or otherwise submit to this Website (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Public Communication, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to DC via our Website, through the social media page, app or other means of transmission or delivery, shall be collectively referred to as "Submissions." If you transmit or otherwise deliver Submissions to DC, you grant DC 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 DC 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 DC, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of DC and that DC shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, DC shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You agree that no Submission made by you will contain libelous, abusive, obscene or otherwise unlawful material and you acknowledge and agree that you are exclusively liable for the content of any Submission made by you.

Please note that while we are always pleased to hear from our tennis fans and patrons, we cannot consider unsolicited Submissions. PLEASE DO NOT SUBMIT UNSOLICITED MATERIALS OF ANY KIND TO DC. While such Submissions are subject to the terms of the previous paragraph, we have no obligation whatsoever to review, consider, respond to, or act upon such Submissions. 

PUBLIC COMMUNICATION

"Public Communication" means a chat area, message board, forum, social media website, app, email function or other function which allows you to transmit or submit material to this Website for display, storage or distribution, offered as part of this Website or by an affiliated company/organization and/or service provider of DC. Where the Public Communication is provided on a website other than this Website, you will be bound by the terms of service and privacy policy of the website to which you have linked. If you participate in any Public Communication within this Website, you agree that you must and will not, through the use of any Submission or otherwise:

In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.

DC reserves the right to remove or edit content from any Public Communication at any time and for any reason, but does not regularly review posted Submissions.

Any material transmitted, submitted or otherwise delivered to a Public Communication shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.

When participating in a Public Communication, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Public Communication may not be reliable, and DC is not responsible for the content or accuracy of any information.

CONTENT LINKED TO THIS WEBSITE

Please exercise discretion while browsing the Internet using this Website. You should be aware that while you are on this Website, you could be directed to other websites that are beyond our control. There are links to other websites from this Website’s pages that take you outside of our service. This includes links from sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. DC reserves the right to disable links from third party websites to this Website. DC makes no representations concerning the content of websites linked to this Website or listed in any of our directories. Consequently, DC cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in our search results or otherwise linked to this Website. If you have any concerns regarding any external link, you should contact that link’s administrator or website.

MERCHANDISE DISPLAY; AVAILABILITY

DC makes reasonable efforts to display merchandise on this Website as accurately as possible. Sometimes, however, factors including the display and color capabilities of your computer monitor, may significantly affect what you see on your screen. DC is not responsible for the display of any color or detail of merchandise on your computer screen and does not guarantee that that such display is accurate. In addition, some featured merchandise may be available only in limited quantities or only while supplies last. Although we will attempt to remove any items that are out of stock from this Website in a timely manner, display of an item on this Website is not a guarantee that the item is currently available or that it will be available on a later date.

In addition, this Website may contain links that allow you to order merchandise from independent merchandise vendors, (the "Vendor(s)"). By placing an order with any Vendor, you acknowledge that the Vendor is exclusively responsible for the fulfillment and shipment of all merchandise ordered. You further agree that all orders you place with such Vendor are subject to the terms and conditions that may be posted on the Vendor’s website. You further agree that by placing an order with any Vendor through this Website, you agree to pay all amounts payable for such an order, including taxes and shipping and handling expenses. Questions regarding any Vendor should be directed to the contact information provided on the Vendor's website.

DISCLAIMER

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE 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.

DC explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on websites that link to or from this Website. DC cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from this Website or third party content on this Website. DC does not endorse any of the merchandise (if any) except as expressly provided, nor has DC taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites or content. DC 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 websites and third party content. DC 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.

CREDIT CARDS

DC may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with DC. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, DC does not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, DC employs the industry-standard Secure Sockets Layer (SSL) technology. DC also encrypts your credit card number when DC stores your order and whenever DC transfers that information to participating merchants.

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 DC, DC's members and subsidiaries and other affiliated companies/organizations and sponsors 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 attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this Website or of any website linking to this Website. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL DC BE LIABLE TO ANY PERSON, BUSINESS, OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF DC HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

JURISDICTIONAL ISSUES

DC controls and operates this Website from the state of California in the United States of America and makes no representation that materials on this Website are appropriate or available for use in any particular location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  

EXPORT CONTROL

Software and other content made available on this Website may be subject to United States export control laws. No software or other content from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software made available on this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

DC may at any time and without notice terminate these Terms of Use and/or your access to all or part of this Website. You may terminate your obligations at any time by discontinuing your use of this Website. Upon termination by DC or you, you must immediately cease use of this Website and destroy all content and related documentation obtained from it (and all copies and installations thereof), whether obtained and/or made under these Terms of Use or otherwise.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Desert Champions LLC
78-200 Miles Avenue
Indian Wells, California 92210
Attention: Webmaster
Facsimile: (760) 200-8441

To be effective, the notification must be a written communication that includes the complete name and current contact information for the party submitting the claim, and an itemization of the claim with supporting documentation.

HOTELS, HOTEL PACKAGES AND SERVICES

Transactions relating to the purchase of hotel accommodations, hotel packages (that include both accommodations and access to the BNP Paribas Open), and services are subject also to the Terms and Conditions for Hotels, Hotel Packages and Services

GENERAL PROVISIONS

By visiting this Website you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of California, 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 shall be filed only in the state or federal courts located in Riverside County, California and you hereby consent and submit to the 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.

Last updated: 19 April 2016

© 2016 Desert Champions LLC. All rights reserved.