Welcome to Total Global Sports (“TGS”, “we”, “our”, or “us”). You are
currently using the TOTALGLOBALSPORTS.COM web site (the “Site”). We
maintain this Site as a service to our visitors and customers (“you” or “yours”). By using
the TGS services and the TGS software described below, you are agreeing to
following terms carefully.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in
by reference (collectively the “Agreement”) with respect to the Site and your
use of TGS’ event management software (the
“Software”). This Agreement governs your access to and use of the Site,
including any content, functionality, and services offered on or through the
Site, whether as a guest or as a registered user. This Agreement constitutes the entire and
only agreement between TGS and you related to your use of the Software, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Software, the TGS site, the content,
products or Services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from time to
time in our sole discretion without specific notice to you. The latest
Agreement will be posted on the TGS Site, and you should review this Agreement
prior to using the TGS Site. All changes to this Agreement are effective
immediately when we post them on the TGS Site.
If you do not agree to be bound by this Agreement (or any applicable
terms) and to abide by all applicable laws, you are not authorized to use the
Software and the applicable TGS services and should discontinue use. Your continued use of the TGS Site following
the posting of revised terms and conditions means that you accept and agree to
the changes. You are expected to check
this page from time to time so you are aware of any changes as they are binding
2. Use of
Site and Software; Payment
You understand that the Software provides youth
and amateur event management services including services for the management of
sports tournaments, leagues, clubs, players, colleges and travel accommodations
In using our Software, you agree to pay TGS all applicable fees and
taxes. The Services may only be used as authorized, and commercial use is
All payments, whether transacted through this Site,
through a third party’s web site, or through any other means, are governed by
this Agreement. Additional terms and
conditions may also apply to specific portions, services, or features of this
Site and are incorporate herein by this reference. All payments to TGS for the Services or for
use of the Software for your Account, as defined
herein, must be made using means of payment that we may approve from time to
time. We currently require payments to
be made by major credit card. You
authorize us to charge such credit card for all purchased Services for all
subscription terms and any renewal subscription term(s) as set forth in this
Agreement. All payments must be made
from a payment source on which you are the named Account holder. All payments are not refundable, for any
You will be charged in arrears for the Services
at the end of each billing period ("Billing Date"). If we do not
receive the full amount of your Service Fees within 15 days of the Billing
Date, a late payment charge of 1.5% per month may be added to your bill and
immediately become due and payable. You agree to pay us all reasonable
attorney's fees and costs incurred by us to collect any past due amounts. Your
account will be deactivated without further notice if payment is past due,
regardless of the dollar amount. You agree to pay any outstanding balance in
full within 30 days of cancellation or termination of the Services. We may
change our fee structure at any time with thirty (30) days’ notice. You agree
that we will not be liable for any loss caused by any unauthorized use of your
credit card or any other method of payment by a third party in connection with
the Site. You waive your right to dispute any payment made into your Account
and you will bear all costs. Any attempt to defraud the Site through the use of
credit cards or other methods of payment, or any failure by you to honor
charges or requests for payment will result in immediate termination of your
Account and civil and/or criminal prosecution.
TGS may use third party electronic payment
processors and/or financial institutions ("ESPs") to process
financial transactions. You irrevocably authorize us, as necessary, to instruct
such ESPs to handle such transaction and you irrevocably agree that TGS may give
such instructions on your behalf in accordance with your requests as submitted
on the Site. You agree to be bound by the terms and conditions of use of each
applicable ESP, and in the event or conflict between this Agreement and the
ESP's terms and conditions then this Agreement shall prevail.
To provide continuous service, TGS automatically
renews all paid and upgraded subscriptions upon expiration and upon upgrade.
Such renewals are generally for the same duration as the original subscription
term (for example, a 1-month subscription will renew on a monthly basis, a
3-month subscription will renew on a 3-month basis, and so on). By using the
Site, you acknowledge that your Account will be subject to the above-described
automatic renewals. If you do not want
your subscription to automatically renew, you must provide TGS with written
notice of your intent not to renew your subscription at least thirty (30) days
prior to the end of the then-current subscription term. TGS reserves the right to change the prices
of TGS’ services at any time in its sole discretion.
Use of the Services is subject to eligibility
requirements. If you have not reached age of majority (18 in most of the U.S.)
your parent or guardian must consent to your use.
Use of the Software and Services, including
registration and creation of an account for the Services, is void where
prohibited and subject to compliance with all applicable laws as described in
the Compliance Section below, this Agreement and any applicable additional
terms. By using the Software, Site and Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are 13 years of age or
older, and if you are not of the age of majority where you reside, you will
only use the Site, Software and Services with parental or legal guardian
consent (following their review of this Agreement); and (d) your use of the
Services does not violate any applicable federal, state and local law, rules
and regulations, or the orders of any federal, state or local government
including all obligations regarding the confidentiality of information relating
to TGS’ customers.
As a registered user of the Software and Service,
you are establishing an account ("Account"). You are solely
responsible for maintaining the confidentiality and security of your Account
and for all activities that occur on or through your Account, and you agree to
immediately notify TGS of any security breach of your Account. TGS shall not be
responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete
information when you register with, and as you use, the Software, and you agree
to update your information to keep it accurate and complete. You agree that TGS
may store and use the information you provide for use in maintaining and
billing fees to your Account. You
understand and agree that failure to provide true and accurate information when
registering your Account may result in up to and including termination of
Agreement, prohibiting any future use of the Software and registration for the
You agree not to use the Account, username, email
address or password of another member or third party at any time or to disclose
your password to any third party. You
also may not create an Account for anyone other than yourself without the other
person's permission. Your Account will be deleted and Services may be terminated
without warning, if TGS believes that you have misrepresented your age or
identity to TGS in a manner that violates this Agreement or is unlawful.
Registered sex offenders and those convicted of violent crimes are not eligible
for creation of an Account.
5. Content Posted
Please choose carefully the information that you
post on, through or in connection with your Account and the Services (the “Content”).
Information, materials, products or services provided by other users
may, in whole or in part, be unauthorized, impermissible or otherwise violate
this Agreement, and TGS assumes no responsibility or liability for this
material. If you become aware of misuse of the Software or Services by any
person, please immediately notify TGS of the misuse.
TGS may reject, refuse to post or delete any
Content that, in the sole judgment of TGS, violates this Agreement, is
inappropriate for the Services or which may be offensive, illegal or violates
the rights of any person or entity, or harms or threatens the safety of any
person or entity. However, TGS is not obligated to take any action not required
by law. TGS, may, but assumes no
responsibility or obligation for reviewing or monitoring the Services for
inappropriate Content or conduct. If at
any time TGS chooses, in its sole discretion, to review or monitor the
Services, TGS nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no responsibility
for the conduct of the user submitting any such Content.
You irrevocably grant TGS the sublicensable
right to use and exploit your name, persona, likeness, pseudonym, information
and Content, and to share it with others, without any obligation or
remuneration to you. This may include, without limitation, associating you with
commercial, sponsored or related content. If you are not the age of majority
where you reside, you represent and warrant that your parent or guardian has
read this section and consented and agreed on your behalf.
By posting any Content on, through or in
connection with the Site, Software or Services, you hereby grant to TGS a
license to use, modify, delete from, add to, combine with other content,
publicly perform, publicly display, reproduce, transmit, sell, distribute, and
otherwise exploit such Content by all means and manners now or later known,
including, without limitation, on, through or in connection with the Services
to third party applications; widgets; websites; or mobile, desktop or other
services which are linked with your Account at your election (collectively,
"Linked Services"), including, without limitation, distributing part
or all of the Services and any Content included therein, in any media formats
and through any media channels. The
license you grant is perpetual. Deleted
Content may persist in archival copies on TGS servers for a reasonable period
of time. You understand and agree that once Content is distributed to a Linked
Service, or incorporated into other aspects of the Software or Services (e.g.,
as part of a derivative work), TGS is under no obligation to delete or ask
other users or a Linked Service to delete that Content; therefore, it may
continue to appear and be used indefinitely.
You agree that
you will abide by all applicable federal, state and local law, rules and
regulations, or the orders of any federal, state or local government properly
in using the Software and the Site, including all obligations regarding the
confidentiality of information relating to TGS’ customers.
7. Service Availability
TGS may change, suspend or end any Service, or
change and modify prices prospectively at its discretion.
If you fail, or TGS suspects that you have
failed, to comply with any of the provisions of this Agreement, TGS, at its
sole discretion, without notice to you may: (i)
terminate this Agreement and/or your Account, and you will remain liable for
all amounts due under your Account up to and including the date of termination;
and/or (ii) terminate the license to the Software; and/or (iii) preclude access
to the Services (or any part thereof).
TGS reserves the right to modify, suspend, or
discontinue the Service (or any part or content thereof) at any time with or
without notice to you, and TGS will not be liable to you or to any third party
should it exercise such rights.
The following shall survive termination:
- Our rights to use and disclose your
- Members and/or visitor’s rights to
further re-share content and information you
shared through the Service or Software to the extent copied or re-shared
prior to termination;
- Sections 5, 9, 10, 11, 12, 13 and 15 of
Any amounts owed by either party prior to
termination remain owed after termination.
All fees in connection with use of the Software
and registration for Services are non-refundable. There will be no refunds or credits for
cancellation of your Account, whether cancelled by you or by TGS, or for
partial months or years of Service.
The Software and the content, organization,
graphics, design, audio, animation, video, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site is strictly
prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials.
The trademarks, logos, and service marks
("Marks") displayed on this Site are the property of TGS or other
third parties. You are not permitted to use the Marks without the prior written
consent of TGS or such third party that may own the Marks. By uploading any trademarks, logs, or service
marks on the Site, you are providing TGS rights of use to those Marks.
Certain TGS technologies included in the Software
may be protected by the U.S Patent.
12. Use of Software
The Software and accompanying documentation that
is made available on the Site is the copyrighted and/or patented work of TGS
and/or its suppliers. Use of the Software is governed by the terms of this
Agreement. If you do not agree to or
abide by these terms, you will not be able to use the Software. You agree that
you will not decompile, reverse engineer, or otherwise attempt to discover the
source code of the Software available on the Site.
13. Limited Right to Use.
The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution). TGS reserves the right to revoke the authorization to view,
download, and print the TGS Software content available on its Site at any time,
and any such use shall be discontinued immediately upon notice from TGS. The
rights granted to you constitute a license and not a transfer of title.
14. Editing, Deleting and Modification.
TGS reserves the right in its sole discretion to
edit or delete any documents, information or other content appearing on the
BY USING THE SOFTWARE AND SERVICES, YOU AGREE, TO
THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD TGS, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS
WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR
USE OF THE SOFTWARE AND SERVICE, OR ANY ACTION TAKEN BY TGS AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS
FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS
THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TGS, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS
DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN
YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SOFTWARE OR SERVICE, OR TO TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A
RESULT OF TGS’ CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL
VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Your right to use the Software and Site is not
transferable. Any password or right given to you to obtain information or
documents is not transferable.
17. Disclaimer and Limits.
THE INFORMATION AND SERVICES FROM OR THROUGH THE
SITE AND SOFTWARE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. TGS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, TGS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TGS
AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM TGS THROUGH THE SITE OR SOFTWARE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE OR SOFTWARE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE THE SITE OR SOFTWARE. TGS’ MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE OR FEE YOU PAY FOR ANY GOODS, SERVICES OR
18. Use of Information.
TGS reserves the right, and you authorize TGS, to
the use and assignment of all information regarding Site and Software uses by
you and all information provided by you in any manner consistent with TGS’
By using the Services, Software and the Site, you consent to the
collection, storage, processing, sharing and use of your data in accordance
Services, you further agree that TGS may change, alter, or modify the settings
or configurations on your device used in connection with your use of the
Software and Services (e.g., in order to allow for or optimize use).
19. Third-Party Services.
TGS may allow access to or advertise third-party
merchant sites (“Merchants”) from which you
may purchase certain goods or services. You understand that TGS do not operate
or control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. TGS is not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY TGS, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE TGS SITE OR
20. Links to other Web Sites.
The Site may contain links to other websites. TGS
not responsible for the content, accuracy or opinions express in such websites,
and such websites are not investigated, monitored or checked for accuracy or
completeness by TGS. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked website by us. If you decide to
leave our Site and access these third-party sites, you do so at your own risk.
When you communicate with TGS electronically,
such as via e-mail and text message, you consent to receive communications from
TGS by the same method. Please note that TGS is not obligated to respond to
inquiries that it receives. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
TGS may interact with law enforcement regarding
your use of the Software or Services. You acknowledge and agree that TGS may
make your information available to law enforcement.
This Agreement shall be treated as though it were
executed and performed in Orange County, California, and shall be governed by
and construed in accordance with the laws of the State of California (without
regard to conflict of law principles.
You expressly agree that exclusive jurisdiction for any claim or dispute
with TGS or relating in any way to your use of the Site, Services, or Software
resides in the courts in the State of California. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.