Effective Date: February 4, 2014
Proprietary Rights; Trademarks.
As between you and us, we own, solely and exclusively, all right, title and interest in and to the Sites, all the content (of any form or nature including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc. whether posted by us or you), code, data and materials thereon, the style, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of a Site does not grant to you ownership of any of the foregoing that you may access on or through the Site. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names displayed on the Sites are registered and unregistered trademarks of GGS and its business associates (collectively the "Trademarks") and use of such Trademarks is strictly prohibited without the express written permission of GGS or the respective Trademark owners. Without limiting the generality of the foregoing, you shall not use the Trademarks in any manner that disparages or discredits GGS or the respective Trademark owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site.
Registration; Permitted Use; Limitations.
You must register to use a Site, and pay applicable fees. You are responsible for maintaining the confidentiality of your account information (including, without limitation, your user name and password) and you agree to accept responsibility for all activities that occur under your account. Use of the Web Site is only for your personal, non-commercial use. You may terminate your registration by sending a message to info@GolfGenius.com
Any commercial or promotional distribution, publishing or exploitation of the Sites, or any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission from authorized personnel of GGS. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Sites. You further agree that, except as permitted for user posts on certain designated areas of the Sites, you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Sites, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
Fees and Payment
You will not:
- Impersonate any person or entity or misrepresents your affiliation with any other person or entity;
- attempt to gain unauthorized access to other computer systems through the Sites;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means, including, without limitation, accessing fee-based services through a free account;
- use a Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site;
- use a Site in violation of GGS’s or any third party's intellectual property or other proprietary or legal rights; or
- use a Site in violation of any applicable law.
Submission of Materials
Unless specifically requested, we will not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (" Submitted Materials ") will not be deemed to be confidential or secret, and may be used by us and our business associates in any manner. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) grant us and our affiliates and business associates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including, without limitation, for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
Linking to a Site
You are not permitted to link directly to any image hosted on a Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on a Site on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to a Site from any other web site at any time.
Advertisements, Searches and Third Party Web Sites.
GGS may provide links to third-party web sites through a Site. We do not recommend and do not endorse any such third parties or the content on any third party web sites. GGS is not responsible for the content of linked third-party web sites, sites framed within a Site, third party web sites provided as search results, or third party advertisements; and GGS does not make any representations or warranties regarding their content, accuracy,compliance with state or federal law, compliance with copyright or other intellectual property laws, or protection of any personally identifiable information provided to such third parties. Your use of third party web sites is at your own risk and subject to the terms and conditions of use and privacy policies for such web sites. GGS does not endorse any product, service, or treatment advertised on a Site.
Notice of Content Removal Procedure; Copyright Agent.
Copyright owners may report alleged infringements of their works that are posted on a Site by sending to GGS’s authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act ("DMCA"), including the following information:
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Upon GGS’s receipt of a satisfactory notice of claimed infringement for such works, GGS will respond expeditiously to remove the allegedly infringing work(s).
Copyright owners may send GGS a notification of claimed infringement to report alleged infringements of their works to:
Golf Genius Software, LLC
Attn: Michael Zisman
311 Orchard Way
St. Davids, Pennsylvania 19087
Facsimile: 267 200 0130
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to GGS, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to GGS. Upon GGS receipt of a counter notification that satisfies the requirements of DMCA, GGS will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that GGS will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
DISCLAIMER OF WARRANTIES.
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GGS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OF CONTENT OR INFORMATION. FURTHER, WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH A SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE WEB SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON A SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A GGS AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL GGS OR ITS AFFILIATES AND SUBSIDIARIES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, BUSINESS ASSOCIATES, SUPPLIERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT OR IN TORT) ARISING IN ANY WAY OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR THE SERVICES OR CONTENT OF THE WEBSITE, EVEN IF GGS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall GGS’s total liability to you for any damages, losses and causes of action exceed the amount paid by you, if any, for using the Web Site in connection with the trip for which you are seeking damages. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE IF GGS IS UNABLE TO REPAIR THE SITE TO YOUR SATISFACTION.
Termination of Access and Use.
We may terminate, change, suspend or discontinue any aspect of a Site or a Site’s services at any time. We may restrict, suspend or terminate your access to a Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
Access Outside of the United States.
GGS is based in the Commonwealth of Pennsylvania, in the United States of America with principal offices in St. Davids, Pennsylvania. GGS makes no claims that a Site or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to a Site may not be legal by certain persons or in certain countries. If you access a Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Applicable law and Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with GGS, or in any way relating to your use of a Site, resides in the state and federal courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in the Commonwealth of Pennsylvania in connection with any such dispute involving GGS or its affiliates and subsidiaries, and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents.
Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org or such other address as either party may specify. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.