TERMS OF USE AGREEMENT

TERMS OF USE AGREEMENT
By visiting or using the Web site in any way, or linking to the Web site, you are entering into an agreement with ATP Tour, Inc. and its members ("ATP"), owners of Masters-Cup.com. At all times, you are bound by the then-current version of this Agreement and all applicable laws. ATP highly recommends that you review this Agreement from time to time to ensure that you are familiar with the most recent version.

2. ENTIRE AGREEMENT

This Agreement, together with the [Privacy Policy,] constitute the entire agreement between you and ATP. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion of this Agreement shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of this Agreement

ATP may, from time to time, offer you the opportunity to use interactive services on the Web site, such as the ability to vote in connection with certain events, or enter into contests or sweepstakes(the "Contests"). By participating in any such Contest, you agree to any and all special terms set forth in connection with any such Contest, as well as the terms in this Agreement.

3. COPYRIGHTS AND TRADEMARKS

A. Ownership

ATP owns or has the right to use all of the data, information, text, images, streaming media, video, sounds, icons, and other content contained on this Web site (the "Content"), and the copyrights and other intellectual property rights therein, unless otherwise noted. You may review, download, and/or print one copy of the Content of this Web site, but you may not make more than one copy of such Content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the Content of this Web site on your own or any other Web site, or make any other use of it. Such copying, modification, distribution or transmission, display, or use is a breach of this Agreement and infringes ATP's copyrights, copyrights licensed to ATP, rights of privacy and publicity of ATP members and others, trademark rights, and other intellectual property rights owned or licensed by ATP.

Trademarks and service marks owned by ATP include but are not limited to: "ATP" and tennis players designs, ATP Champions Race, ATPtennis.com, International Series and Tennis Masters Cup (and shield designs)..

B. Notice and Procedure for Making Claims of Copyright Infringement

It is ATP's policy to respect the intellectual property rights of others. In connection with this policy, ATP will not knowingly post content of any kind that infringes the copyright rights of others. As such, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), ATP has designated an agent to receive notifications of alleged copyright infringement on the Web site. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Web site, including the URL; (c) your name, address, and telephone number, (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to:

ATP Legal Department
ATP Tour, Inc.
201 ATP Tour Boulevard
Ponte Vedra Beach, Florida 32082
Email: legal@atptennis.com

4. LINKS

A. Links to the Web site

You may create a link from your Web site to the home page of the Web site, without prior written permission, through a plain-text link, namely www.Masters-Cup.com. ATP asks that you notify us in advance of your intention to do so by contacting legal@atptennis.com. You may not use any trademarks or service marks as links to the Web site from other Web sites, or as machine-readable search terms such as metatags. ATP reserves the right to revoke your permission to link to the Web site at its absolute and sole discretion. Any third party Web site that links to the Web site: (a) shall not create a frame around content of the Web site; (b) shall not replicate the content of the Web site; (c) shall not state or imply that ATP sponsors or endorses the third-party Web site; (d) shall not libel or present false or misleading information of any kind, including information about ATP or its members or players; and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate. Deep linking to internal pages of the Web site is expressly prohibited. The posting or creation of any link to the Web site signifies that you have read and agree to abide by this Agreement. If you believe that any Web site which links to the Web site contains illegal, offensive, or inappropriate content, please send an email to legal@atptennis.com.

B. Links from the Web site

Links to other Web sites or Internet locations from the Web site have been provided for your convenience only. ATP does not endorse, sponsor, or approve, of any content of such Web sites or locations. ATP has no control over any of the Web sites or Internet locations that you may access through the Web site, and is not responsible for the content or accuracy of the content of any such Web site or location. If you access any other Web site or Internet location through the Web site, you do so at your own risk. If you believe that any link on the Web site leads to an illegal, offensive, or inappropriate Web site, please send an email to legal@atptennis.com.

5. CHAT ROOMS AND MESSAGE BOARDS

For your convenience, information, and entertainment, the Web site may offer you the opportunity to send messages or postings in connection with various features of the Web site, including electronic mail, chats with special guests, and forums to communicate with other users ("Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete Personal Information, which shall be collected pursuant to the [Privacy Policy] of the Web site. If you are 13 years old or under, please see our Children's Privacy section below.

You must use Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (a) restricts or inhibits any other user from using and enjoying the Web site; (b) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (c) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (d) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (e) contains a virus or other harmful component; (f) contains any information, software, or other material of a commercial nature; (g) contains advertising, promotions, or commercial solicitations of any kind; (h) constitutes or contains false or misleading indications of origin or statements of fact; or (i) contains material irrelevant to the subject matter of the Message Feature.

ATP shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any Message transmitted in any Message Feature that: (a) violates any term of this Agreement; or (b) is otherwise illegal, offensive, or inappropriate. Upon such violation, ATP shall have the sole discretion to terminate your access to the Web site. ATP will fully cooperate with any law enforcement authorities or court orders requesting or directing ATP to disclose Personal Information of anyone who submits a Message that violates the foregoing terms in accordance with the [Privacy Policy] of the Web site.

Although ATP may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Web site, ATP is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by ATP. If you believe that any posting to the Web site is illegal, offensive, or inappropriate, please send an email to legal@atptennis.com.

Messages submitted to the Web site by electronic mail or otherwise, including any data, questions, comments, suggestions, information, images, or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Web site and/or using a Message Feature, you acknowledge that any information disclosed by you therein (a) may be used by any third party, including ATP; (b) is not confidential and may be read or intercepted by others; and (c) creates no confidential, fiduciary, contractually implied or other relationship between you and ATP other than pursuant to this Agreement.

6. UNSOLICITED SUBMISSIONS

While we are always pleased to hear from tennis fans and welcome your suggestions and comments, we cannot consider unsolicited submissions. PLEASE DO NOT SUBMIT UNSOLICITED MATERIALS OF ANY KIND TO ATP.

If you choose to submit any information of any kind to the Web site (including creative ideas, concepts, or materials, such text, photographs, or drawings) you represent, warrant, and agree that you have the unhindered right to do so, that 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, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that ATP may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to ATP and with or without acknowledgment of authorship or source, at ATP's sole discretion. ATP shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold ATP harmless with respect to any such compensation, claims, or damages, including attorneys fees.

7. PROHIBITED USES

In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use the Web site for any purposed not expressly authorized by the Agreement and/or to transmit, post, or distribute to the Web site content that:

(a) constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;

(b) contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;

(c) collects information about others, including but not limited to users' e-mail addresses;

(d) imposes an unreasonable load on the Web site's infrastructure; and/or

(e) reverse engineers or decompiles the software comprising the Web site.

8. DISCLAIMER OF WARRANTIES

ALL CONTENT OF THIS Web site, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ATP TOUR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. ALTHOUGH ATP TOUR WISHES THE CONTENT OF THIS Web site TO BE ACCURATE, COMPLETE, AND CURRENT, ATP TOUR DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS Web site (INCLUDING ANY SOFTWARE) OR ANY DATA ON THIS Web site IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Web site, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE Web site AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, ATP DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS Web site OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ATP BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS Web site OR ANY OTHER Web site TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER Web siteS, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH Web siteS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF ATP TOUR 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.

10. TERMINATION OF SERVICE

ATP reserves the right to change or discontinue at any time, without notice, any message features, contests, content, materials, equipment, specifications, models, products, or services described on the Web site, or the availability thereof. Products, methods, and processes described on the Web site may be covered by U.S. or foreign patents and/or other intellectual property rights. ATP also reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Web site, with or without notice to you.

Your obligations under these Terms and Conditions shall continue for as long as you access or use this Web site or use or maintain any of the content of the Web site or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Web site and by destroying all content obtained from it, and all copies thereof.

11. EXPORT CONTROL

Software and other content made available on this Web site 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) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other 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 Web site, 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.

12. JURISDICTION AND CHOICE OF LAW

This Web site is hosted on servers located in the state of Florida, United States of America. All disputes arising out of or relating to this Agreement or ATP 's operation of this Web site shall be resolved in the state and federal courts seated in Jacksonville, Florida, United States of America. All such disputes shall be governed by the laws of the State of Florida and applicable federal laws, without giving effect to conflicts of laws principles. You agree that the state and federal courts seated in Jacksonville Florida have personal and subject matter jurisdiction over any dispute arising from your use of the Web site.

ATP controls and operates this Web site from the State of Florida, United States of America and makes no representation or warranty that the content of this Web site is appropriate, lawful, or available for use in other geographic locations. If you use the Web site from other locations, you are responsible for compliance with all applicable local laws.

13. INDEMNIFICATION

You agree to indemnify and hold harmless ATP and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, successors, and/or assigns, from and against all liabilities, claims, expenses, or demands, including reasonable attorneys' fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Web site, your use of the Web site, your violation of this Agreement, or your violation of any rights of another.

14. NO WAIVER

The failure of ATP to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of ATP's rights to subsequently enforce any provision of this Agreement against you or any other party.

15. NOTICES

ATP may give notices to users of the Web site, at ATP's option, by posting a message on the Web site, by e-mail, or by regular mail. Notices to ATP can be sent via e-mail to legal@atptennis.com or by regular mail to ATP Tour, Inc. 201 ATP Tour Boulevard Ponte Vedra Beach, Florida 32082, Attention: Legal Department.

16. PRIVACY POLICY

Information about you is subject to our [Privacy Policy].

17. VIOLATIONS

Please report any violations of this Agreement to legal@atptennis.com.

©2003 ATP Tour, Inc. All Rights Reserved.