PRIVACY POLICY AND TERMS AND CONDITIONS OF SERVICE
MYGOLFBUDDY.COM PRIVACY POLICY
The MyGolfBuddy.com’s privacy policy is very simple.
First of all we don’t collect any information other than your name or nickname,
email address, and your zip code of residence. We at MyGolfBuddy.com take your
privacy very seriously. We pledge never to reveal the contents of our member’s
database to any third party. We will not sell your email to any person or
company nor will we allow any third party direct access to our members
database. We ask that you report any violations of this privacy policy to the
support staff at MyGolfBuddy.com.
We do however reserve the right to periodically
contact our members via email for the purpose of disemminating site related
information and offering special members only products, services, and
promotions.
TERMS AND CONDITIONS OF SITE USE
This is a legal agreement ("Agreement") between you
and mygolfbuddy.com ("the Company"). Please read the Agreement carefully
before registering for the Service. By completing your registration and
clicking on the "I Accept" button below, you will become a registered user of
the Service (a "Registered User") and you agree to be bound by the terms and
conditions of this Agreement (the "Terms") for as long as you continue to be a
Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR
THE SERVICE. The Terms are subject to change by the Company at any time,
effective upon notice to you, any use of the Service after such notice will
constitute acceptance by you of such changes.
1. Minors. MINORS MAY NOT BECOME REGISTERED USERS. By
registering, you represent and warrant that you are at least 18 years old.
2. Exclusive Use. Your account is for your sole,
personal use, you may not authorize others to use your account, and you may not
assign or otherwise transfer your account to any other person or entity.
3. Online Conduct. As a Registered User, you agree
that:
a. You are solely responsible for the content or
information you publish, display or otherwise communicate in any manner
(hereinafter, "post") on the Service, or transmit to other Registered Users.
b. You will not post on the Service, or transmit to
other Registered Users, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity).
c. You will use the Service in a manner consistent
with any and all applicable local, state, national and international laws and
regulations, including, but not limited to, United States export control laws.
You are not located in, under the control of, or a national or resident of any
country which the United States has (i) embargoed goods, (ii) identified as a
"Specially Designated National", or (iii) placed on the Commerce Department's
Table of Deny Orders. Membership in, and use of, the Service is void where
prohibited.
d. You will not provide inaccurate, misleading or
false information to the Company or to any other Registered User. If
information provided to the Company, or another Registered User, subsequently
becomes inaccurate, misleading or false, you will promptly notify the Company
of such change.
e. You will only create one unique profile with the
Service.
f. You will not engage in advertising to, or
solicitation of, other Registered Users to buy or sell any products or services
through the Service. You will not transmit any chain letters or junk E-mail to
other Registered Users.
g. You will not post, copy, modify, transmit, show in
public or private, create any derivative works from, distribute or reproduce in
any way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior consent of the owner of such proprietary rights.
h. You are solely responsible for your interactions
with other Registered Users. You agree to take normal precautions when meeting
individuals through the Service.
i. You understand that the Company makes no
guarantees, either express or implied, regarding your ultimate compatibility
with individuals you meet through the Service.
j. You will promptly report to the Company any
violation of the Terms of this Agreement by other Registered Users.
l. The Company reserves the right, but has no
obligation, to monitor the materials posted in the public areas of the Service.
The Company shall have the right to remove any such material that in its sole
opinion violates, or is alleged to violate, any applicable law or either the
letter or spirit of this Agreement. Notwithstanding this right of the Company,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE
PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE MESSAGES.
4. Online Content. Opinions, advice, statements,
offers, or other information or content made available through the Service, but
not directly by the Company, are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible for such
content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE,
OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES
WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED
TO OR BY ANY REGISTERED USERS.
5. Dealings with Advertisers. Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that the Company shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
6. Unauthorized Users. It is possible that other
Registered Users or users (including unauthorized users, or "hackers") may post
or transmit offensive or obscene materials on the Service and that you may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about you due to your use of
the Service, and that the recipient may use such information to harass or
injure you. The Company is not responsible for the use of any personal
information that you disclose on the Service. Please carefully select the type
of information that you post on the Service or release to others.
7. Proprietary Rights.
a. The Company owns and retains proprietary rights in
the Service. The Service contains copyrighted material, trademarks, and other
proprietary information of the Company, its licensors and licensees. In
addition, other Registered Users may post copyrighted information, which has
copyright protection whether or not it is identified as copyrighted.
b. By posting information or content to any public
area of the Service, you automatically grant, and you represent and warrant
that you have the right to grant, to the Company and other Registered Users an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, publicly perform, publicly display and distribute such information and
content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sub-licenses of the
foregoing.
8. Confidentiality.
a. With the exception of the information provided to
other Registered Users pursuant to the terms of the Service, the Company will
keep confidential all information supplied to the Company by you, including
credit card number(s) and other financial information, and shall use or
disclose such information only for the purposes for which such information was
collected, or as required by court order or applicable law.
9. Warranties.
a. THE COMPANY PROVIDES THE SERVICE ON AN "AS IS"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
b. The Company does not warrant that your use of the
Service will be secure, uninterrupted, always available, error-free or will
meet your requirements, or that any defects in the Service will be corrected.
THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
10. Limitation of liability.
a. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR
RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. The Company makes no representations or warranties
as to the conduct of such individuals or their compatibility with any current
or future Registered Users. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY
DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF
YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES
RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS
SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
11. Indemnity by Registered User. You will indemnify
and hold harmless the Company, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to or arising out of your use of the
Service, including any breach by you of the terms of this Agreement.
12. Termination. Either you or the Company may
terminate your account at any time, for any reason or no reason, without
explanation, effective upon sending written notice to the other party. The
Company reserves the right to immediately suspend or terminate your access to
the Service, without notice, upon any breach of this Agreement by you which is
brought to the Company's attention.