Golf Out Loud Terms of Use Agreement
(Effective June 23, 2009)
This Terms of Use Agreement (“Agreement”) sets for the terms of use of the Golf Out Loud Online Service (“Service”), including, without limitation, participation in its bulletin boards, forums, chats and all other areas.
1. Acceptance of Terms of Use
Our website is provided free of charge to you under this Agreement. By using the website, you (“Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease usage of our website. We reserve the right, at any time, to modify, alter or update the terms and conditions for this Agreement without notice. Such modifications, alterations and/or updates shall become effective immediately upon being posted on the website. Your continued use of the Service after such modifications, alterations and/or updates are posted constitutes an acknowledgment and acceptance of this Agreement as then modified, altered and/or updated.
2. Rights
You acknowledge that:
A. Golf Out Loud permits access to content that is protected by copyrights, trademarks and other intellectual property and proprietary rights (“Rights”). You are free to encourage others to access the information themselves on our website.
B. The content available on this site, such as design, text, graphics, images and other materials, and the Service, contain materials that are protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify copy, reproduce, replicate, republish, upload, post, transmit or distribute in any way any material, including code and software, or extract or mine data, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
C. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Golf Out Loud or its licensors.
D. You may not in any way make commercial or other unauthorized use, via robot, spider, or other device or manual process, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in this Agreement, or by obtaining written consent from Golf Out Loud.
E. You agree not to alter or tamper with any information or materials on or associated with the Service.
F. Other than connecting to Golf Out Loud’s servers by http requests using a Web browser, you may not attempt to gain access to Golf Out Loud’s servers by any means including without limitation by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
G. Golf Out Loud reserves the right, at our sole discretion, to terminate any accounts involved with botnets and/or related activities. If any hostnames are used as command and control points for botnets, Golf Out Loud reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
H. The Service provides links to third party sites for your convenience. You acknowledge that Golf Out Loud neither endorses nor is responsible for the content of such third party sites and is not responsible for the content or action of such sites. Those third party sites are subject to their own terms of use and privacy policies, and your use of such services or sites is at your sole risk.
I. Golf Out Loud does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums and user-generated content and does not make any warranties with respect to any of the merchandise featured, mentioned or sold on or through the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Golf Out Loud.
For information regarding use of personal information you supply or communicate to Golf Out Loud, please see our Privacy Policy.
3. License to Visitor Content
You hereby grant to Golf Out Loud a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, perform and display, in whole or in part, any message you post on the Service and/or any email sent by you to Golf Out Loud and/or to incorporate it in other works in any form, media or technology now know or later developed.
4. Copyright Complaints
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that you believe infringes your copyright rights, you may notify Golf Out Loud by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:
A. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Golf Out Loud, or its third party service providers, to locate the material;
D. Information reasonably sufficient to permit Golf Out Loud, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address by which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent:
Jodie Riggs
Golf Out Loud
5. Materials posted by others
You agree that Golf Out Loud is not responsible, and shall have no liability to you, for any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
You agree to indemnify Golf Out Loud and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
Golf Out Loud reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.
6. DISCLAIMER
This site is provided by Golf Out Loud on an “as is” and on an “as available” basis.
Golf Out Loud MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THIS SITE AND THE INFORMATION PROVIDED THEREON INCLUDING ITS ACCURACY, RELIABILITY OR OTHERWISE. GOLF OUT LOUD DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE AND SHALL HAVE NO LIABILITY FOR THE FOREGOING.
GOLF OUT LOUD SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE THROUGH THE SERVICE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING ALL VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
7. Governing Jurisdiction of the Courts -
North Carolina
Our website is operated and provided in the State of
8. Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement may be assigned by Golf Out Loud, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.