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Online Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE “SITE”) OF WORLD GOLF TOUR, INC. (“WORLD GOLF TOUR”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WORLD GOLF TOUR RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE AND BY USING THIS SITE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. General Use Restrictions All information, documents, products, software, games and services provided on this Site, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the “Materials”) are provided to you by WORLD GOLF TOUR or WORLD GOLF TOUR’s licensors or partner entities, as applicable. WORLD GOLF TOUR grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the WORLD GOLF TOUR copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. A subcategory of the Materials is software (“Game Software”) and in addition to the license grant set forth above in this section, WORLD GOLF TOUR grants you the limited right to access and cache the Game Software solely for your noncommercial use in connection with your participation in the Site. These limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of WORLD GOLF TOUR. You agree that you shall not, under any circumstances: (i) exploit the games or any of its parts, including without limitation the Game Software, for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of WORLD GOLF TOUR; or (ii) host, provide or develop matchmaking services for the game or intercept, emulate or redirect the communication protocols used by WORLD GOLF TOUR in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks. Third Party Content Third parties may provide certain information and content to WORLD GOLF TOUR (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. WORLD GOLF TOUR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No Framing You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on this Site on any other server or Internet-based device without the advance written authorization of WORLD GOLF TOUR or its licensors, respectively. Links To Third Party Sites This Site may provide links to other Web sites or resources over which WORLD GOLF TOUR does not have control ("External Web sites"). Such links do not constitute an endorsement by WORLD GOLF TOUR of those External Web sites. You acknowledge that WORLD GOLF TOUR is providing these links to you only as a convenience, and further agree that WORLD GOLF TOUR is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites. Privacy Policy Your use of the Site is governed by the WORLD GOLF TOUR Privacy Prolicy. Contest Rules If you are entering a contest, your entry in the contest is subject to the contest rules that are available at Contest Rules. Password Restricted Areas of the Site and Usernames You agree to provide true, accurate, current and complete information about yourself as prompted by a registration form to obtain a password for any Restricted Areas (as defined below). Certain areas of the Site may be password-restricted to authorized users that become members (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify WORLD GOLF TOUR if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify WORLD GOLF TOUR of any unauthorized use of your account or any other breach of security in relation to the Site known to you. Each user will either select a username or allow WORLD GOLF TOUR to automatically select a username at random. Additionally, users may form “teams” and such teams will be required to choose a team name. When you choose a username, team name or otherwise create a label that can be seen by other players using the games, you must abide by the following guidelines as well as the rules of common decency. If WORLD GOLF TOUR finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the games. In particular, you may not use any name:
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions. Submissions You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you, and not WORLD GOLF TOUR, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that WORLD GOLF TOUR shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant WORLD GOLF TOUR a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that WORLD GOLF TOUR agrees to use any personally identifiable information included in your Submissions in accordance with WORLD GOLF TOUR’s Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO WORLD GOLF TOUR. Posting Etiquette WORLD GOLF TOUR asks that you respect our on-line community and other individuals. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to:
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require WORLD GOLF TOUR to monitor or remove any Submissions or other information submitted by you or any other user. WORLD GOLF TOUR reserves the right to terminate your access to your account, your ability to access and post to the Site or to receive the services with or without cause and with or without notice, or for any action that WORLD GOLF TOUR determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. You hereby agree to waive any claims against WORLD GOLF TOUR and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than WORLD GOLF TOUR. WORLD GOLF TOUR may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at WORLD GOLF TOUR’s discretion, WORLD GOLF TOUR will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site. Trademarks and Copyrights The trademarks, service marks, brands, names, logos and designs ("Trademarks") of WORLD GOLF TOUR or others used on this Site are the property of WORLD GOLF TOUR or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of WORLD GOLF TOUR or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of WORLD GOLF TOUR, INC., Copyright ©, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Copyright Agents WORLD GOLF TOUR respects the intellectual property of others, and we ask you to do the same. WORLD GOLF TOUR may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide WORLD GOLF TOUR’s copyright agent the following information:
WORLD GOLF TOUR’s agent for notice of claims of copyright infringement on this Site can be reached as follows: By mail: By phone: Ownership/Selling of the Account or Virtual Items WORLD GOLF TOUR does not recognize the transfer of your user accounts (“Accounts”). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. WORLD GOLF TOUR owns, has licensed, or otherwise has rights to all of the content that appears in the games and on this Site. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the games, or any other attributes associated with the Account or stored on the Site. WORLD GOLF TOUR does not recognize any virtual property transfers executed outside of the games or the purported sale, gift or trade in the "real world" of anything related to the games. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the games. Indemnification You agree to defend, indemnify and hold harmless WORLD GOLF TOUR and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site or breach of these Terms. Disclaimer of Warranty You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by WORLD GOLF TOUR, and agree that WORLD GOLF TOUR does not warrant the accuracy or timeliness of the Materials and further agree that WORLD GOLF TOUR has no liability for any errors or omissions in the Materials, whether provided by WORLD GOLF TOUR or its licensors. WORLD GOLF TOUR, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. Acknowledgement YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE GAME SOFTWARE MAY MONITOR YOUR COMPUTER’S PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME SOFTWARE, AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY “BOT” OR “SPIDER” THAT IN WORLD GOLF TOUR’S SOLE DETERMINATION ENABLES OR FACILITATES CHEATING OF ANY TYPE OR ALLOWS USERS TO MODIFY OR HACK THE GAME SOFTWARE. Limitation of Liability NEITHER WORLD GOLF TOUR NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WORLD GOLF TOUR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. General WORLD GOLF TOUR controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in San Francisco County, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of WORLD GOLF TOUR to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WORLD GOLF TOUR in writing. The Terms comprises the entire agreement between you and WORLD GOLF TOUR and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. |
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