Terms and Conditions

LAST UPDATED: July 30, 2008

Welcome to the Challenge Your Hero website hosted by the WTA Tour, Inc. d/b/a Sony Ericsson WTA Tour ("WTA Tour"). Your use of this website (including all content and functionality available through the domain name, the "Service") is subject to the following terms and conditions ("Terms and Conditions") which supplement the WTA Tour Terms of Use (including the Privacy Policy), located at http://www.sonyericssonwtatour.com/3/termsofuse/ and incorporated by reference herein. Your access to and use of the Service is also subject to all applicable laws.

The Terms and Conditions may be amended or modified, or new conditions imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check the Terms of Conditions periodically for changes. In the event of any inconsistency between the Terms and Conditions and the WTA Tour Terms of Use, these Terms and Conditions shall apply.

ACCEPTING THE TERMS AND CONDITIONS

Please read these Terms and Conditions and the WTA Tour Terms of Use carefully before using or accessing the Service.

You can accept the Terms and Conditions by clicking to accept the Terms and Conditions. If you do not agree to the Terms and Conditions or the WTA Tour Terms of Use, please do not use or access the Service.

You may not use the Service and may not accept the Terms and Conditions if (a) you are under the age of 13, or (b) you are a person barred from receiving the Service under the laws of any country including the country in which you are resident or from which you use the Service. By accepting the Terms and Conditions you affirm that you are over the age of 13.

ACCOUNT

In order to access the Service, you will have to create an account ("Account"). You may never use another's Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify WTA Tour immediately of any breach of security or unauthorized use of your Account.

Although WTA Tour and its affiliates, licensors, licensees, vendors, business partners and their respective employees, directors, officers, members, agents and representatives (collectively, "Operator Parties") will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of the Operator Parties due to such unauthorized use.

DESCRIPTION OF SERVICE

As an Account holder, you may use the Service to submit video content and textual content (collectively, "User Submissions") to be hosted by WTA Tour and used by WTA Tour for public display on any property within its network of properties and on its syndicated third-party sites. There is no cost to you to submit User Submissions.

The Service may contain links and pointers to third party websites that are not owned or controlled by WTA Tour. WTA Tour has not control over, and assumes no responsibility for, the content or accuracy of the content of any such third party website. If you access any other website or Internet location through the Service, you do so at your own risk.

USE OF THE SERVICE

You understand and agree that the Service is provided "AS IS" and that the Operator Parties assume no responsibility in connection with your use of the Service.

You may not use the Service for commercial purposes. Further, you may not alter, modify, duplicate, sell or distribute in any medium any part of the Service, including but not limited to User Submissions (defined below), except as otherwise provided herein or with the prior written consent of WTA Tour. You may not access, or attempt to access, the Service through any technology or means other than through the interface provided on this website. Specifically, you may not access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers). Any of the foregoing uses of the Service shall be a violation of copyright and other proprietary rights.

We may change, suspend or discontinue any aspect of the Service at any time, including the availability of the Service.

CONTENT IN THE SERVICE

The content available through the Service, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WTA Tour, subject to copyright and other intellectual property rights under the law.

The use of the Content by you, or anyone else authorized by you, otherwise than in connection with the Service is prohibited. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You also agree not to circumvent, disable or otherwise interfere with security-related features of the Service that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Nothing contained in these Terms and Conditions should be construed as granting you, by implication, estoppel, or otherwise, any license or right to use any Marks without the written permission of its respective owner. Your use of the Marks, except as provided in these Terms and Conditions, is strictly prohibited. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and Mark notices) which may be contained within the Service.

WTA Tour reserves all rights not expressly granted in and to the Content and the Service.

USER SUBMISSIONS AND CONDUCT

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You understand that whether or not such User Submissions are published, WTA Tour does not guarantee any confidentiality or privacy with respect to any User Submissions, including any personally identifying information you may make available online.

By submitting User Submissions, you represent, warrant, and agrees that (a) you have the unhindered right to do so; (b) such information does not infringe the copyright, trademark, patent, trade secret, right of privacy or publicity or other intellectual property or proprietary rights of any other person or company; (c) such information does not injure any other person or company; and (d) you will not include in your User Submissions any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, fraudulent, pornographic, offensive, indecent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

By submitting User Submissions, you are automatically granting WTA Tour a perpetual, royalty-free, exclusive, unrestricted, worldwide and irrevocable right and license to host, archive, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such User Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you into the Service will be owned by and may be used by WTA Tour for any purpose, now or in the future, without any payment to, or further authorization by, you. All User Submissions shall become and remain the property of WTA Tour. WTA Tour also has the right, but not the obligation, to use your name in connection with the use or publication of your User Submission.

Other Account Holders have the right (a) to access your User Submissions through the Service; and (b) rate, review, comment on and tag your User Submissions. Notwithstanding the foregoing, you shall retain the right to access your User Submissions through the Service, and to use, reproduce, distribute, display and perform such User Submissions publicly on third-party websites and the Internet generally.

You may access User Submissions submitted by other Account Holders solely: (a) for your information and personal use; (b) as intended through the normal functionality of the Service; and (c) for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

WTA Tour does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and WTA Tour expressly disclaims any and all liability in connection with User Submissions. WTA Tour has the right, but not the obligation, to pre-screen, review, flag, filter, refuse or remove any or all User Submissions from the Service, without notice.

WTA Tour does not permit copyright infringing activities and infringement of intellectual property rights on its properties, and WTA Tour will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights.

ADVERTISING RIGHTS

WTA Tour reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submissions, and WTA Tour will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms and Conditions obligates or may be deemed to obligate WTA Tour to sell, license or offer to sell or license any advertising, promotion or distribution rights.

DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THE OPERATOR PARTIES DO NOT WARRANT THAT (i) THE SERVICE IS ACCURATE, COMPLETE, RELIABLE OR TIMELY, OR (ii) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICE OR THIRD PARTIES AND THAT ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL. YOU USE THE SERVICE AT YOUR SOLE RISK.

IN NO EVENT SHALL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT, OR THE USE OR INABILITY TO USE THE SERVICE.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold the Operator Parties harmless from and against all claims, liabilities, losses, costs, obligations, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (a) your use of and access to the Service; (b) your violation of any term of these Terms and Conditions or the WTA Tour Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (d) any claim that one of your User Submissions caused damage to a third party.

ACCOUNT TERMINATION POLICY

In addition to all other legal remedies available to WTA Tour, WTA Tour has the right to suspend or terminate your Account or refuse to grant you access to any current or future use of the Service or any other WTA Tour service, with or without warning, if WTA Tour, in its sole discretion, believes you have: (a) violated, or attempted to violate, the rights of the Operator Parties or others; or (b) violated, or attempted to violate, or acted inconsistently with these Terms and Conditions or any other terms of the WTA Tour Terms of Use. Upon any termination of these Terms and Conditions, you must immediately discontinue your use of and access to the Service and destroy all materials obtained from it.

GENERAL

These Terms and Conditions and any disputes relating to the Terms and Conditions or the Service will be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute relating to the Terms and Conditions or the Service shall be decided exclusively by a court of competent jurisdiction located in Pinellas County, Florida, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. These Terms of Conditions, together with the WTA Tour Terms of Use, shall constitute the entire agreement between you and the WTA Tour concerning the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or the Service?s software. If any provision of the Terms and Condition is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.