Welcome to usapickleballnationalchampionships.com and its associated digital products, such as the mobile website, apps, email marketing and the like (collectively, the “Website”). Desert Champions LLC (“DC”) owns this website.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
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. Margaritaville, USA Pickleball National Championships, USA Pickleball Association, Indian Wells Tennis Garden (“IWTG”), 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
constitutes an advertisement or solicitation of business of any kind, including without limitation, spam, chain letters, or pyramid schemes;
contains or constitutes software, computer programs, or routines of any kind, including without limitation, viruses, bots, worms, or spiders;
collects information about others, including without limitation, a user’s email address;
imposes an unreasonable load on the Website’s infrastructure; or
reverse engineers or decompiles the software comprising the Website.
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
In order to access some of the services, applications or sweepstakes offered by DC or at the Margaritaville USA National Pickleball Championships, 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.
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.
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.
defame, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene, pornographic, profane, sexually explicit, discourteous or indecent language or images;
advertise or sell to, or solicit, others;
use the Public Communication for commercial purposes of any kind;
post or distribute any software or other materials which contain a virus or other harmful component;
restricts or inhibits any other user from using and enjoying this Website;
constitutes or contains false or misleading indications of origin or statements of fact;
constitutes or contains spam; or
post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
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.
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.
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.
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.
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.
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.
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
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 Margaritaville USA Pickleball National Championships), and services are subject to the Terms and Conditions for Hotels, Hotel Packages and Services.
Last updated: 26 September 2019
© 2019 Desert Champions LLC. All rights reserved.
General Privacy Information
IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE TALK TO YOUR PARENTS OR LEGAL GUARDIAN BEFORE USING THIS WEBSITE OR PROVIDING YOUR NAME OR OTHER INFORMATION TO THE WEBSITE. YOU MUST NOT SUBMIT INFORMATION TO THIS WEBSITE WITHOUT YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION.
Desert Champions LLC owns and operates the website.
To make your visits to this Website and use of the services available as purposeful as possible, you may be asked for personal information and certain information may be collected from your computer when you visit us. “Personal Information” includes, for example, your name; home and/or business address; email address; telephone number; credit card and other payment information; social security number or employer identification number; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.
We are committed to protecting the information we collect so this Website’s users can feel confident about using this Website to explore the range of information, promotions, services and products we offer. For this reason, we have implemented a security program that we reasonably believe will keep information that is stored in our systems protected from unauthorized access (see the Security section below for more information and security qualifications). This Website is hosted in a secure environment and the servers/systems are configured with data encryption, or scrambling, technologies, and industry-standard firewalls. To protect the security of your credit card information when purchasing tickets or merchandise and/or making hotel, restaurant, or other reservations, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
Right to Opt In and Opt Out
You may have the right to “opt in” and “opt out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Website, you may have the opportunity to elect to, or not to, receive correspondence from us. You may opt out of any communication with us by clicking the general opt-out link in our communications or by sending an email to our Data Protection Officer as outlined in the “Contact Us” section below stating that you would like to be removed from a specific list, or all communications. However, please understand that you may still be contacted by us in connection with your client relationship or as follow up from an event, activity, or purchase.
The Following Information is Collected by Us
Website Use Information
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer’s hard drive. Cookies include analytics that provide us data that allows us to better understand our users and improve the Website based on what we have learned from that data.
Cookies track where you travel on this Website and what you look at and purchase. They may store your preferences, the information in your shopping cart, and/or your username and/or password. A cookie may enable us to relate your use of this Website to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on this Website. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, this Website or certain areas or features of this Website. For EU individuals, cookies also help inform us whether you require, or have already been served, an affirmative consent request in connection with the GDPR.
We may use clear GIFs (pixel tags) or similar technologies, in this Website and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an email or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.
IP Address and Click-through Information
Our servers collect data about your server’s Internet address automatically when you visit us. This information, known as an Internet Protocol Address, or IP Address, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you request pages from this Website, our servers may log your IP Address and sometimes your domain name. Our servers may also record the referring page that linked you to us; the pages you visit on this Website; the website you visit after this Website; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral site; and other web usage activity and data logged by our servers. We use this information for internal system administration, to help diagnose problems with our servers, and to administer this Website. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Any or all of these activities with regard to website usage information may be performed on our behalf by our service providers.
How We Use Your Personal Information; Updating
We want to make sure that your Personal Information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate. Please keep us informed if your Personal Information changes during our relationship with us by contacting the Data Protection Officer as provided in the “Contact Us” section below. However, we may refuse to comply with a request for rectification if the request is manifestly unfounded, excessive or repetitive.
Children’s Privacy & Parental Consent
This Website is a general audience website. We do not knowingly collect any personal information from children under the age of 13 on this Website. If in the future we collect personally identifiable information from children, we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C 6501, et. seq.). Please be aware that we did not design this Website for, and do not intend for it to be used by, nor should it be used by, anyone under the age of 13. We specifically request that persons under the age of 13 not use this Website or submit or post information to this Website. Should we inadvertently acquire Personal Information or other data from users under the age of 13, we will not knowingly provide this data to any third party for any purpose whatsoever, and any subsequent disclosure would be due to the fact the user under the age of 13 used this Website and submitted Personal Information without solicitation by or permission from us or through this Website. Since some of the interactive features and services offered on this Website cannot be accessed without providing Personal Information, we recommend that parents or legal guardians use the Website with your child if he or she is interest in participating in an interactive feature or service of the Website.
We may use third-party partners to help operate this Website and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, this Website and emails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Legally Compelled Disclosures
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of this Website, or anyone else that could be harmed by such activities.
In the event that Desert Champions LLC (the owner of this Website), or substantially all of its assets, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, user information may be one of the transferred assets.
While we will endeavor to protect the security and integrity of sensitive Personal Information provided to this Website, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If you contact us by email or a “contact us” or similar feature on this Website, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit. Do not send sensitive information (such as payment card information, social security numbers, employer identification numbers, passwords, or pin numbers) to us via email or via a “contact us” or similar feature on this Website. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email. You consent to our use of email as a means of such notification.
Consent to Processing
By providing Personal Information to this Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories. Where you provide consent, you can withdraw your consent at any time and free of charge, but without affecting the lawfulness of processing based on consent before its withdrawal. You can withdraw your consent by contacting our Data Protection Officer as provide in the “Contacting Us” section below.
Third-Party “Linked-To” Websites
When you are on this Website you may have the opportunity to visit, or link to, other websites, blogs, or other electronic media not operated by us. These sites may collect personal information about you. We do not control sites that are operated by these entities and is not responsible for the information practices of the other websites. The privacy policies of any linked websites are the sole responsibility of the other websites.
California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us in the manner prescribed in the following section titled “Contact Us.”
Desert Champions LLC
78-200 Miles Avenue
Indian Wells, CA 92210
Attention: Data Protection Officer
Facsimile: (760) 200-8441
Last updated: 26 September 2019
© 2019 Desert Champions LLC. All rights reserved.
Attendance and Data Transmission Policy
ATTENDANCE AND DATA TRANSMISSION POLICY
SMOKING IS PROHIBITED AT THE IWTG. THIS INCLUDES ALTERNATIVE SMOKING DEVICES SUCH AS ELECTRONIC AND/OR VAPOR.
During the Event, attendees may not create any sound recording, photograph, video footage, motion picture, film and/or other audio-visual content captured by any means whatsoever inside the IWTG. Notwithstanding the foregoing, attendees may use cameras, including phone cameras, without a flash, to capture photos/videos for personal and private, non-commercial use. Additionally, attendees may not collect, disseminate, transmit, publish or release from the IWTG any Championship Court match related data or information at any time during a match.
Attendee grants permission and gives consent to the owner, manager and/or promoter of the Event, and any of their designees, to (a) record, videotape and photograph attendee at the Event and (b) utilize attendee’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.
Attendee voluntarily ASSUMES ALL RISKS and DANGERS incidental to being at the IWTG as a spectator at the Event. Attendee 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 “Event Parties”) are not responsible or liable for any injury, loss, or damage occurring out of or incidental to the Event or attendee’s presence at the IWTG and any adjacent properties used for the Event.
Last updated: 26 September 2019