Welcome to Dink of Fame. These Terms of Service ("Terms") govern your access to and use of the Dink of Fame website at dinkoffame.com, the Dink of Fame mobile application, and all related services (collectively, the "Service"). The Service is operated by Dink of Fame ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Service Description
Dink of Fame is a social pickleball platform that allows users to track matches, earn experience points (XP), collect badges, and connect with other pickleball players through facility leaderboards and community features. The Service is currently in a pre-launch/waitlist phase. Features and availability are subject to change as we develop and launch the full product.
2. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent that you meet this age requirement. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service.
3. Account Registration
To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. User Conduct
When using the Service, you agree not to:
- Violate any applicable law, regulation, or third-party rights
- Submit false, misleading, or fraudulent information (including fabricated match results or player statistics)
- Harass, bully, threaten, or intimidate other users
- Impersonate any person or entity, or falsely claim an affiliation with any person or entity
- Upload or transmit viruses, malware, or any other harmful code
- Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks
- Use the Service for any commercial purpose without our prior written consent
- Scrape, crawl, or use automated tools to extract data from the Service without our permission
- Interfere with or disrupt the integrity or performance of the Service
We reserve the right to suspend or terminate your account if you violate these conduct standards.
5. User Content
You may submit content to the Service, including match data, profile information, photos, and comments ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your User Content in connection with operating and improving the Service.
You represent that you have all necessary rights to submit your User Content and that it does not infringe on the rights of any third party.
6. Intellectual Property
The Service, including its design, logos, graphics, text, software, and all other content created by us (excluding User Content), is owned by Dink of Fame and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or its content without our prior written permission.
"Dink of Fame," the Dink of Fame logo, and "Make Pickleball Social Again" are trademarks of Dink of Fame. You may not use these marks without our prior written consent.
7. Physical Activity Disclaimer
Pickleball is a physical sport that carries inherent risks of injury. Dink of Fame is a digital platform for tracking and socializing around pickleball. We are not responsible for any physical injury, harm, or damage that may occur during pickleball play, practice, or any related physical activity. By using the Service, you acknowledge that you participate in pickleball at your own risk. You should consult a physician before engaging in any new physical activity.
8. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Dink of Fame and its owners, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of or inability to use the Service. Our total liability for any claim arising from the Service shall not exceed the amount you paid us, if any, during the twelve months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless Dink of Fame and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party websites is at your own risk.
12. Termination
We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dink of Fame regarding the Service and supersede all prior agreements and understandings.
17. Contact Us
If you have questions about these Terms, please contact us at [email protected].