Please read the Terms of Use Agreement ("Terms of Use")
described below and Golfers Card Privacy Policy carefully
before using any Golfers Card Site. Your access to and use
of any Golfers Card Site is subject to these Terms of Use
and all applicable laws. By using or visiting any Golfers
Card Site, you agree to be bound by the Terms of Use. If you
do not agree to the Terms of Use, please do not use any Golfers
Card Site.
The Terms of Use may be modified or amended,
or new conditions may be imposed, at any time. Any such changes
or additions will be reflected by an update of this posting.
Please check the Terms of Use periodically for such changes.
Your continued use of a Golfers Card Site following the posting of
changes to these terms will mean you accept those changes.
The Golfers Card reserves the right to impose limits on certain features
and services or restrict your access to parts or the entirety
of any Golfers Card Site without notice or liability at any time for
any reason or purpose, including but not limited to, conduct
that the Golfers Card believes violates the Terms of Use or other
policies or guidelines posted on a Golfers Card Site. Upon any termination
of these Terms of Use, you will immediately discontinue your
use and access of all Golfers Card Sites and destroy all materials
that may have been obtained from any Golfers Card Site
Use Of Materials On Golfers Card Sites
The Golfers Card Sites include content and materials
including text, video, Webcasts, audio, photos, images, scoring
information, trademarks, logos and other intellectual property
and proprietary materials which are either owned by, or otherwise
made available to the Golfers Card. Except as provided in these Terms
of Use, no content or materials may be reproduced, republished,
uploaded, posted, transmitted, reproduced, distributed, copied,
publicly displayed or otherwise used, without written permission
of the Golfers Card.
The Golfers Card maintains the Golfers Card Sites for
your personal information, education, communication and entertainment.
Subject to these Terms of Use, please feel free to browse
the Golfers Card Sites. You may download materials displayed on a
Golfers Card Site to any single computer only for your 1) personal
and noncommercial use and/or 2) legitimate nonprofit educational
uses, provided you also retain all copyright and other proprietary
notices contained on the materials. Except as set forth above,
you may not, distribute, reproduce, republish, display, modify,
transmit, reuse or use any materials from a Golfers Card Site on any
other website or otherwise without the written permission
of the Golfers Card. Modification of any materials displayed on a
Golfers Card Site is a violation of the Golfers Card's copyright and other
proprietary rights and is strictly prohibited.
Unless otherwise noted, all trademarks
and logos found on Golfers Card sites are either owned by or licensed
to the Golfers Card. They may not be used without the express written
permission of the Golfers Card.
Images of people or places displayed
on Golfers Card Sites are either the property of or used with permission
by the Golfers Card. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted
by these Terms of Use or specific permission permitted elsewhere
on a Golfers Card Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes, regardless of
whether any such use is with the Golfers Card's permission. The Golfers Card
neither warrants nor represents that your use of materials
displayed on any Golfers Card Site will not infringe rights of third
parties.
"Public Forum" means an area,
site or feature offered as part of a Golfers Card Site that
enables users or visitors to such Site to submit, post, display
and/or view submissions and/or to communicate, share or exchange
submissions with other users of a Golfers Card Site and members
of the general public, including, without limitation, a page
where you can submit comments on various blogs, articles and
posts.
You acknowledge that anything you submit
to a Golfers Card Site by way of any Public Forum may be routed through
our servers, the servers of one or more third parties on our
behalf and the Internet, and may be viewed on the Internet
by the general public and that you have no expectation of
privacy with regard to any such submission. You acknowledge
that Public Forums and features offered therein are for public
and not private communications. Please keep in mind that whenever
you give out personal information online through a Public
Forum, that information can be collected and used by people
you don’t know. We cannot guarantee the security of
any information you disclose through any of these media; you
make such disclosure at your own risk.
You are and shall remain solely responsible
for the submissions submitted and/or posted under your username
or otherwise by you in any Public Forum and for the consequences
of submitting and posting same. You acknowledge that the use
of submissions posted in any Public Forum is at your own risk.
You further acknowledge that we are not responsible for, and
we do not endorse, the opinions, advice or recommendations
posted or sent by users in any Public Forum and we specifically
disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse
to post, remove or edit submissions at any time and for any
or no reason in our absolute and sole discretion without prior
notice, although we have no duty to do so or to monitor any
Public Forum. If we elect to screen submissions, there may
be a delay in the posting of such content in a Public Forum
to allow for a review process. If we have questions about
your submissions including, without limitation, the copyright,
we may contact you for further information including, for
example, verifying that you own the copyright or otherwise
obtained permission to post the material. We are not responsible
for the accuracy of any submissions contained in a Public
Forum. By posting any submission to the Public Forum, you
hereby grant a non-exclusive, fully paid and royalty-free,
worldwide license to the Golfers Card to use, copy, sublicense, adapt,
transmit, distribute, publicly perform, publicly display,
modify and translate such submission. By posting any submission
to the Public Forum, you represent and warrant that your submission
does not violate the privacy rights, publicity rights, copyright
rights, intellectual property rights, or any other rights
of any person and that such posting of any submission does
not breach any contract between you and a third party.
Your use of any Golfers Card Site must be in
a manner consistent with any and all applicable laws and regulations.
The following is a partial list of the type of submission
that is illegal or prohibited on a Golfers Card Site:
1. is obscene, patently offensive, or
promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
2. harasses or advocates harassment of another person or impersonates
another person;
3. contains nudity, violence, or offensive subject matter;
4. involves the transmission of "junk mail" or "chain
letters" or unsolicited mass mailing;
5. promotes information that you know is false or misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last
names, URLs or email addresses;
9. violates the copyright, trademark or other intellectual
property rights of any other person;
10. furthers or promotes any criminal activity or enterprise
or provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information
for commercial or unlawful purposes from other users; or
12. involves commercial activities and/or sales without our
prior written consent such as contest, sweepstakes, solicitation
of donations, barter, advertising or pyramid schemes.
Games
Any and all games and their components
are offered for informational and/or entertainment purposes
only and may not be used in connection with any form of gambling
or wagering. The Golfers Card has the right to modify or discontinue,
temporarily or permanently, any game, whether in whole or
in part, for any reason, without prior notice.
Linking And Framing
The following restrictions apply to all
links to all Golfers Card Sites from any on-line, cable or wireless
or other site, service or browser:
Neither the Golfers Card logo nor any other logo
or service mark of the Golfers Card may be used to link to any Golfers Card
Site, to any web page within a Golfers Card Site, or to any website
accessible from a Golfers Card Site, without the express written permission
of the Golfers Card.
Sites, services or browsers other than
commercial sites may link to Golfers Card without the written
permission of the Golfers Card if such link is: (i) a "word"
(as opposed to a logo) link, and is (ii) spatially separated
from, and not otherwise associated with, any sponsorship,
advertising, or other commercial text or graphics that may
be on the page and/or area containing such word or link. Please
notify the Golfers Card at admin@golferscard.co.za if you
are linking to any Golfers Card Site and include information
regarding the name of your website and the name of your website
operator (if different than the website owner).
You may request permission to use one
or more of the Golfers Card's "hyperlink logos"
in connection with providing a hyperlink to the front page
of a Golfers Card Site. The hyperlink logos include and incorporate
the Golfers Card logo, the Golfers Card Site-specific logo
and the text "Official Website." The Golfers Card's
"hyperlink logos" are the only logos the Golfers
Card permits unaffiliated and non-news third parties to display
on the Internet. Permission is granted subject to certain
terms and conditions.
Any permitted link to a Golfers Card
Site must be to the Site's home page. Except for limited circumstances,
links to internal pages within a Golfers Card Site (e.g.,
a link to the Rules of Golf Web page within www.Golfers Card.co.za),
other than to the home page of a Golfers Card Site, are not
permitted.
No Site may be "framed" by
any other website, without exception.
The posting or creation of a link to
any Golfers Card Site signifies that you have read the restrictions
described herein and agree to abide by their terms.
Links To Third Party Sites
Golfers Card Sites may include hyperlinks to
websites operated by third parties other than the Golfers Card. The
Golfers Card does not control any such websites, and is not responsible
for their content, privacy policies, or for the collection,
use or disclosure of any information those sites may collect.
Links to and from any Golfers Card Site to sites maintained by third
parties do not constitute an endorsement by the Golfers Card of any
third party site, content, or such site's product or services.
Handicapping
By visiting www.GolfersCard.co.za, you
can reach the Golfers Card's Handicapping section. It is important
to note that the Golfers Card does not issue Handicaps directly
to golfers. This is done by the Golf Club you have registered
with.
The Handicapping section invites you
to explore the various publications on the Golfers Card Handicap
System. The Golfers Card Handicap System manual and other
handicapping publications contained in the Handicapping section
are copyrighted works of the Golfers Card. Use of any such
materials is subject to the following Copyright Notice and
to these Terms of Use:
Copyright Notice: No portion of the content
of any of the publications contained in the Handicapping section
may be used without the express written permission of the
Golfers Card. You may download publications displayed in this section
to any single computer only for your 1) personal and noncommercial
use and/or 2) legitimate nonprofit educational uses, provided
you also retain all copyright and other proprietary notices
contained on the materials. Except as set forth above, you
may not, distribute, reproduce, republish, display, modify,
transmit, reuse or use any publications displayed in this
section on any other Web site or otherwise without the written
permission of the Golfers Card. Any reproduction (for purposes other
than those noted above), modification, distribution or republication
of materials contained on this Web site, without prior written
permission of the Golfers Card, is strictly prohibited. The grant
of this license is conditional upon your agreement to and
compliance with these Terms of Use.
Disclaimer of Warranties
While the Golfers Card uses reasonable efforts
to include accurate and up to date information on its Sites,
it makes no warranties or representations as to such accuracy.
The Golfers Card assumes no liability or responsibility for any errors
or omissions in the content of any Golfers Card Site. Further, the
Golfers Card does not warrant or represent that the information contained
on any Golfers Card Site will be uninterrupted or free of errors and/or
viruses. You specifically acknowledge that the Golfers Card is not
liable for the defamatory, offensive or illegal conduct of
other users of any Golfers Card Site and that the risk of injury from
the foregoing rests entirely with you. You use the Golfers Card Sites
at your sole risk.
The Golfers Card makes no representation that
the materials contained in any Golfers Card Site are appropriate or
authorized for use in all countries, states, provinces, county
or any other jurisdictions. If you choose to access a Golfers Card
Site, you do so on your own initiative and risk and are responsible
for compliance with all applicable laws.
Limitation On Liability
In no event shall the Golfers Card be liable
for any direct, indirect, special, punitive, or consequential
damages (including lost profits) that arise out of or in connection
with any failure of performance, errors, inaccuracies, omissions,
defects, untimeliness, interruption, deletion, delay in operation
or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration
of, or use of record, or unauthenticity of any content in
a Golfers Card Site, or the use or inability to use a Golfers Card Site or
any content therein.
Indemnification
You hereby agree to indemnify and hold
the Golfers Card harmless from all claims, liabilities, damages and
expenses (including attorneys' fees and court costs) arising
out of or relating to: (i) your use of any Golfers Card Site, including
any content from any Golfers Card Site, (ii) the Golfers Card's Online Catalog;
and (iii) any breach or alleged breach of these Terms of Use.
Choice of Law
These Terms of Use and any disputes relating
to these Terms of Use or any Golfers Card Site will be governed by
the laws of the United States of America, the State of New
Jersey, and the Federal Arbitration Act for arbitration purposes.
DISPUTES. For disputes involving the
unauthorized use of any proprietary material contained on
any Golfers Card Site, the Golfers Card shall have the option and right to
seek preliminary and permanent injunctive relief, and/or any
other relief which is available to it, in any federal or state
court of New Jersey, the jurisdiction of which you expressly
and irrevocably give your consent. All other disputes relating
to these Terms of Use shall be resolved by arbitration under
the auspices of the American Arbitration Association ("AAA")
in accordance with its Commercial Arbitration Rules. The arbitration
shall be held in New Jersey unless otherwise agreed by the
parties. The decision of the arbitrators shall be final and
binding upon the parties and be entitled to be entered as
a judgment in any court of competent jurisdiction.
Miscellaneous
These Terms of Use constitute the entire
agreement between you and the Golfers Card, and supersedes all prior
and contemporaneous written or oral agreements, proposals
or communications with respect to the subject matter herein
between you and the Golfers Card. If any provision of these Terms
of Use is held by a court of competent jurisdiction to be
unlawful, void, invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
Disclaimer
Due to rapid changes in internet
technology, this policy may be updated periodically. All revisions
will be posted to this site, and will apply to all data collected
by the Golfers Card before and after the revised policy's
effective date.
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