HIT WITH ME
Find your match
After you register an account on Hit With Me with Facebook you will be prompted to provide only your tennis skill level and the city you reside in. Facebook login will automatically fill your other details such as photo, email address and date of birth. This information is critical to our Applications operation because we need users to be able to gain accurate insight into the people they can potentially challenge to a match. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions. In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
When you register an account on the Hit With Me Application, we use GPS technology to determine your current location in order to provide you with a visual listing of the Tennis Courts and Coaches registered on the Application in your city. The most detailed information other players can possibly see is the City you are searching for a hit of tennis in, this ensures that we have safeguarded user privacy and created a safe cyber environment. If you do not want us to provide your location for the court location and coach finder in-app features, then users can disable their location services. This will influence your experiences on the App, but users will still be able to send out challenges to other Tennis players in their registered city.
We use this aggregated information to understand and optimize how our Application is used, and to improve our marketing effort and services for registered and potential users.
We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
Hit With Me, (“Hit With Me” “we”, or “us”) operates the Hit With Me mobile app and related website (hitwithme.com). By using Hit With Me in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Hit With Me.
License to Use Hit With Me
Hit With Me, grants you a limited, non-exclusive license to access and use Hit With Me for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by Hit With Me in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Hit With Me. Nor will you take any measures to interfere with or damage Hit With Me. All rights not expressly granted by Hit With Me, are reserved.
I accept the rule of points. 5 ranking points will be awarded for each match victory; 1 point will be awarded for each loss. If Hit With Me suspects any cheating has taken place the points offending players have earned will be reset to 0 and their account may be suspended at our discretion.
What information we may collect about you
What we use that information for
What third-party information, if any, you are agreeing to share by using Hit With Me; and
With whom we share that information
To use Hit With Me, you must register an account via your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, such as your name, email address and date of birth OR you are able to register by providing us with a valid email address. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share this basic information. Please take precautions to protect your password and contact us at firstname.lastname@example.org if you believe an unauthorized person has accessed your account.
Term and Termination; Account Deletion
This Agreement begins on the date you first use Hit With Me and continues until terminated in accordance with the provisions hereof.
Hit With Me, may suspend, disable, or delete your account (or any part thereof) if Hit With Me, determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Hit With Me, reputation or goodwill. If Hit With Me, deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by Hit With Me, will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Hit With Me shall not be responsible for the loss of such content.
Disclaimers; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER Hit With Me USERS. YOU UNDERSTAND THAT Hit With Me, CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. Hit With Me, ALSO DOES NOT INQUIRE INTO ALL OF THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.
Hit With Me, MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. Hit With Me, RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL Hit With Me, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE Hit With Me SERVICE OR PERSONS YOU MEET THROUGH Hit With Me.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. WE ALSO ARE NOT RESPONSIBLE
Hit With Me reserves the right to modify Hit With Me. You are responsible for providing your own access to Hit With Me. Hit With Me, has no obligation to screen or monitor any content and does not guarantee that any content available on Hit With Me complies with this Agreement or is suitable for all users.
Hit With Me, provides Hit With Me on an “as is” and “as available” basis. You therefore use Hit With Me at your own risk. Hit With Me, expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Hit With Me, makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Hit With Me, and no warranties shall apply after such period.
Code of Conduct; Prohibited Activities
In using Hit With Me, you must behave in a civil and respectful manner at all times. Further, you will not:
You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Hit With Me, has the right, but not the obligation, to monitor all conduct on and content submitted to Hit With Me.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or il material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Hit With Me, or to any other user. If information provided to Hit With Me, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Licenses Granted by You
You grant Hit With Me, and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Hit With Me permission to view your content for their personal, non-commercial purposes. If you make suggestions to Hit With Me, on improving or adding new features to Hit With Me, Hit With Me, shall have the right to use your suggestions without any compensation to you.
Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that:
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will keep Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com and we will respond as soon as possible to assist with your concern.
Children/Underage User Policy
Although Hit With Me is a general audience service, we do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with their information, or false information, without their consent, he or she should contact us at firstname.lastname@example.org
If such a case arises and we are contacted: we will delete such information from our files as soon as possible and endeavour to assist you in any way we can.
In order to protect the privacy of underage users using Hit With Me, users under the age of 18 will be unable to interact with any users that are over the age 18, however care should be taken when interacting with users unknown to them. Underage users using the service should refer to Hit With Me’s terms of service and safety tips in order to ensure that they are safe while using the service or meeting with other users.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. We also will encrypt any credit card details that are entered into our Application to protect our users against fraud.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at email@example.com
You will indemnify, defend, and hold harmless Hit With Me, and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Hit With Me; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Hit With Me violates any law or infringes any third party right, including any intellectual property or privacy right.
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Hit With Me will terminate the accounts of repeat infringers. You may submit enquiries about any of this information via: firstname.lastname@example.org
In summary – Hit With Me respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Hit With Me do not infringe any third party copyright.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Hit With Me, in exercising any right hereunder will waive any further exercise of that right. Hit With Me’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Hit With Me’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Hit With Me electronically. Hit With Me may provide all such communications by email or by posting them on Hit On Me. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at the following address: email@example.com
This Agreement may not be modified except by a revised Terms of Service posted by Hit With Me, on Hit With Me or a written amendment signed by an authorized representative of Hit With Me.
A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Hit With Me and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Arbitration and Governing Law
Indemnity by You
You agree to indemnify and hold Hit With Me, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. Hit With Me reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hit With Me in connection therewith.
Hit With Me may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Entire Agreement; Other
This Agreement is subject to changes made by Hit With Me at any time.
The safety of App users is important to Hit With Me. Please take a few minutes to read the following safety tips. Users under the age of 18 are encouraged to have the consent from a parent or guardian before signing up.
These are the steps that everyone can follow to increase their safety while using our App:
1. Keep your financial information private
2. Be mindful of what private information you share
3. Spam/Scammers. Be aware of anyone who:
The Australian Competition and Consumer Commission’s advice to avoid online scams is available by following this link: http://www.scamwatch.gov.au/content/index.phtml/itemId/934541
4. Report suspicious activity and App users:
Meeting In Person
5. Always meet in public at a suitable time
Meet for the first time in public place where there are regular passers by – never in a private or remote location, and never at your own residence. Users should only meet other Hit With Me users in between the hours of 6am and 6pm. Never meet any users for the first time out of this time frame in order increase your safety.
6. Always inform a friend or family member about your whereabouts before venturing out to meet another App user - Your safety is our priority. AT ALL TIMES Users under the age of 18 must keep their parents informed of any other users who they are in contact with via Hit With Me, and if they feel uncomfortable with anything that they encounter. For more information please contact firstname.lastname@example.org