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This service is provided by MyGolfTour
("MyGolfTour")
to you ("you" or "user"), subject to the terms
of this agreement ("Agreement"), and the rules that may
be published from time to time by MyGolfTour. MyGolfTour currently is provided
as a free service to users who agree to abide by the terms and conditions
of this Agreement. MyGolfTour reserves the right to change the nature of
this relationship at any time without notice to you.
In addition, when using particular services of MyGolfTour, you and MyGolfTour
shall be subject to any posted guidelines or rules applicable to such
services, which may be posted by MyGolfTour from time to time. All such
guidelines or rules are hereby incorporated by reference into this
Agreement. Users who violate the terms of this Agreement will have
their MyGolfTour account ("Account") cancelled and they may permanently
be banned from using MyGolfTour. ENTERING a page of the MyGolfTour site WILL
CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER THE
MyGolfTour SITE.
1. Description of Service
MyGolfTour currently provides users with access to a communication system
(the "Service"). Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including
but not limited to the release of new MyGolfTour properties, shall be
subject to this Agreement. You understand and agree that the Service
is provided "AS-IS" and that MyGolfTour assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings. Unless otherwise
stated, all fees on the Service are quoted in Euros. In order to
use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content and data,
and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access
device. Some parts of the service also require the ability to send
SMS messages. You must obtain this service, and pay any associated
fees for it yourself.
2. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or MyGolfTour has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
MyGolfTour has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof). MyGolfTour is concerned about the safety and privacy of all
its users, particularly children. Please remember that the Service
is designed to appeal to a broad audience. Accordingly, as a legal
guardian, it is your responsibility to determine whether any of
the Services and/or Content (as defined in Section 4 below) is appropriate
for your child. You agree to grant MyGolfTour a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicense able (through multiple
tiers), right to excerise the copyright and publicity rights you
have to your Registration Data and any information you provide to
MyGolfTour or other users within publicly accessible areas of the Service
or through the messaging service ("Your Information"),
in any media now known or not currently known. MyGolfTour will only use
the Registration Data and Your Information in accordance with MyGolfTour's
Privacy Policy.
3. User Account, Password, and Security
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify MyGolfTour of any unauthorized use of
your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
MyGolfTour cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 3.
4. User Conduct
You understand that all information, data, text, files, graphics,
links, music, photographs, software, sound, video, messages, communication
or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person
from which such Content originated. Accordingly, you, not MyGolfTour,
are entirely responsible and liable for all activities conducted
through your Account. MyGolfTour does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity,
or quality of such Content. You understand that by using this Service
you may be exposed to Content that is offensive, indecent, or objectionable.
Under no circumstances will MyGolfTour be liable in any way for any Content,
including but not limited to, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
user of any Content posted, emailed, or otherwise transmitted via
the Service. Listed below are some, though not all, violations that
may result in MyGolfTour terminating your Account. You agree not to do
any of the following actions while using the Service: 1. harass,
"stalk", threaten, embarrass or cause distress or discomfort
upon another MyGolfTour participant, user, or other individual or entity;
2. upload, post, email, or otherwise transmit via Service any Content
that MyGolfTour considers to be unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially, ethnically
or otherwise objectionable; 3. upload, post, email, or otherwise
transmit any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy,
or limit functionality of any computer software or hardware or telecommunications
equipment;4. upload, post, email, or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright, or
other proprietary rights ("Rights") of any party;5. cause
any room screen in the Service to "scroll" faster than
other users are able to type to it or any action to a similar disruptive
effect; 6. impersonate in the Service any person, including but
not limited to, a MyGolfTour official, forum leader, guide or host; 7.
disrupt the normal flow of dialogue in a room within the Service
or otherwise act in a manner that negatively affects other participants;
8. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted via the Service;9.
collect or store personal data about other users;10. intentionally
or unintentionally violate any applicable local, state, national
or international law, including but not limited to any regulations
having the force of law while using or accessing the Service or
in connection with your use of the Service in any manner; and 11.
post or transmit any unsolicited advertising, promotional materials,
or any other forms of solicitation in the Service, except in those
areas that are designated for such a purpose (official rules on
advertising follow). Note on unsolicited advertising and spam: MyGolfTour's
policy on using our communication system to market to our users
mandates that... 1) The sender of any message deemed to be "spam",
"marketing" or "mailbombing" to any other user
or users will be liable for €100 for each account/user that
receives each unauthorized message, commercial (promoting services
of a commercial entity) or not. 2) The sender will pay all fees
owed to MyGolfTour within thirty (30) days of such transmission. Note:
this means that if a message like the one described above is sent
to a club of 300 users, or to one user 300 times, then you will
be liable for €30,000, payable to MyGolfTour, within 30 days. You
acknowledge that MyGolfTour doesn't pre-screen Content, but that MyGolfTour
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limitation, MyGolfTour shall have the right
to remove any Content that violates this Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content
created by MyGolfTour or submitted to MyGolfTour. You acknowledge and agree
that MyGolfTour may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of MyGolfTour, its users and
the public. You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
5. International Use
Recognizing the global nature of the Internet and wireless messaging,
you agree to comply with all local rules regarding online and telecommunication
conduct and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical
data exported from the country in which you reside.
6. Public Content Posted on or via the Service
For purposes of this Agreement, "publicly accessible areas
of the Service" are those accessible by the general public.1.
With respect to Content you elect to post for inclusion in publicly
accessible areas of the Service that consists of photos or other
graphics you elect to post to any other publicly accessible area
of the Service, you grant MyGolfTour the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing
and promoting the specific service of MyGolfTour to which such Content
was submitted, or, in the case of photos or graphics, solely for
the purpose for which such photo or graphic was submitted to the
Service. This license exists only for as long as you elect to continue
to include such Content on the Service and shall be terminated at
the time you delete such Content from the Service.2. With respect
to all other Content you elect to post to other publicly accessible
areas of the Service, you grant MyGolfTour the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed.
7. Indemnity
You agree to indemnify and hold MyGolfTour, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of this
Agreement, or your violation of any rights of another.
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
9. General Practices Regarding Use and Storage
You acknowledge that MyGolfTour may establish general practices and
limits concerning use of the Service, including without limitation
the maximum number of days that messages or other uploaded Content
will be retained by the Service, the maximum number of messages
that may be sent from or received by an account on the Service,
the maximum size of any message that may be sent from or received
by an account on the Service, the maximum disk space that will be
allotted on the MyGolfTour servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that MyGolfTour has no responsibility
or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted
by the Service. You acknowledge that MyGolfTour reserves the right to
log off accounts that are inactive for an extended period of time.
You further acknowledge that MyGolfTour reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
10. Modifications to Service
MyGolfTour reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that MyGolfTour shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. Termination
You agree that MyGolfTour, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if MyGolfTour believes
that you have violated or acted inconsistently with the letter or
spirit of this Agreement. MyGolfTour may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree that MyGolfTour may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the Service. Further, you agree that MyGolfTour shall not be liable
to you or any third-party for any termination of your access to
the Service.
12. Dealings with Advertisers and Users
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 MyGolfTour 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. In addition,
MyGolfTour does not regulate user-to-user dealings, therefore, in the
event you have a dispute with one or more users of the Service,
You agree that MyGolfTour 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 user or users on the Service.
13. Links
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because MyGolfTour has no control
over such sites and resources, you acknowledge and agree that MyGolfTour
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that MyGolfTour shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
14. MyGolfTour's Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by MyGolfTour or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part. MyGolfTour grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by MyGolfTour for use in accessing the
Service.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MyGolfTour EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) MyGolfTour MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTSFROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MyGolfTour OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyGolfTour SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF MyGolfTour HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. MyGolfTour's LIABILITY,
AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT
OF FEES YOU PAY TO MyGolfTour IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, AND (B) €100.
17. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please
read the above Sections 15 and 16 again. They go doubly for you.
In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. MyGolfTour shall
not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted via the Service, and shall not be
responsible or liable for any trading or investment decisions made
based on such information.
18. Notice
Notices to you may be made via either email, MyGolfTour (short message
service) or regular mail. The Service may also provide notices of
changes to this Agreement or other matters by displaying notices
or links to notices to you generally on the Service.
19. Copyright Policy
MyGolfTour respects the intellectual property of others, and we ask
our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
provide MyGolfTour the following information: 1. MyGolfTour's Policy Concerning
Claims of Infringement a. Written Notice of Copyright Claims. Claims
of infringement should be in writing and should be directed to MyGolfTour
as specified below. Please include the following information: 1.
A signature of a person authorized to act on behalf of the owner
of the copyright interest that is allegedly infringed; 2. A description
of the copyrighted work that you claim has been infringed; 3. A
description of where the material that you claim is infringing is
located on the site; 4. Your address, telephone number, and email
address; 5. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law; 6. A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf. b.Send your claims to MyGolfTour info@mygolftour.se
2. MyGolfTour's Policy Concerning Repeat Infringers Under the appropriate
circumstances, it is MyGolfTour's policy to remove and/or to disable
access from the Service to web pages of repeat infringers, to terminate
subscribers and account holders who are repeat infringers, and to
remove and/or to disable access from the Service to web pages as
to which there have been steps taken for the purpose of affecting
MyGolfTour's search results such as adding inappropriate "meta-tags."
20. General Information
This Agreement constitute the entire agreement between you and
MyGolfTour and govern your use of the Service, superceding any prior
agreements between you and MyGolfTour. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. This Agreement and
the relationship between you and MyGolfTour shall be governed by the
laws of Sweden without regard to its conflict of law provisions.
You and MyGolfTour agree to submit to the personal and exclusive jurisdiction
of the courts in Stockholm, Sweden. The failure of MyGolfTour to exercise
or enforce any right or provision of this Agreement shall not constitute
a waiver of such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of this Agreement remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Service or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever
barred. The section titles in this Agreement are for convenience
only and have no legal or contractual effect.
21. Violations
Please report any violations of this Agreement to info@mygolftour.se
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