TERMS & CONDITIONS OF USE
We reserve the right to modify these Terms and Conditions at any time without further notice to you. The date of the last revision will be posted on the last page of this document. It is your responsibility to periodically check to see if there have been any changes to the Terms and Conditions. Your continued use of the Website constitutes your acceptance of the most current Terms and Conditions.
Website Use and Prohibited Use
GolfBalled.com is a Website that invites users to immerse themselves in all things Golf by participating in discussion threads, viewing the latest in equipment and accessories, reading tips and course reviews and participating in giveaways and contests. There is no membership fee, but you must be at least 13 years of age to register with the Website. If you are between the age of 13 and 17 you should get permission from your parents before using the Website.
Users may not access the Website for commercial or promotional purposes without the express written consent of GolfBalled.com. You may not use any search and retrieval application, robot or other automated process to access or retrieve content from the Website. You may not use any software or device which interferes with the proper functioning of the Website, including viruses, worms, or Trojan horses. You may not circumvent, disrupt, disable or otherwise interfere with any security features of the Website. Users may not disassemble, decompile, reverse engineer or otherwise attempt to obtain any source codes or algorithms associated with the Website.
At this time all areas of the Website are free to enter. However, in order to participate in the Forum/Golf Chat and any contests or giveaways you must register with the Site. All registrants must provide current, true, accurate and complete information as requested in the registration form and promptly update your registration information as needed. You are responsible for maintaining the security of your password and identification so that no unauthorized person enters the Website using your name. Your membership, user name and password may not be assigned or transferred. You should not disclose your user name and password to any other person. You are responsible for any actions which occur under your name and password and should immediately notify us of any unauthorized use of your user name and password or any other breach of security. GolfBalled.com reserves the right to refuse or cancel registration at its sole discretion.
Copyrights and Infringing Materials
Users may not copy, upload, transmit, create derivative works, modify, publically display, lease, loan, sell or otherwise distribute or exploit any content (including, but not limited to, copyright protected materials such as text, graphics, music, videos and the like) that belong, or are licensed to GolfBalled.com or any other third party without the express, written permission of the intellectual property owner. The GolfBalled.com Website is copyright protected and any infringing activity will be prosecuted to the fullest extent allowable under state and federal law.
If a copyright owner believes that their work has been used on this Website without permission they should submit written notification to the address provided on our “Contact Us” page in accordance with the notification requirements set forth in the Digital Millennium Copyright Act (“DMCA”). Should we receive a Notification of Alleged Copyright Infringement we will respond in accordance with the provisions of the DMCA. If a user believes content he/she has posted has been mistakenly removed he/she may submit a counter-notification in accordance with the DMCA. You must comply with the notification/counter-notification requirements as set forth in the DMCA in order for GolfBalled.com to take the action requested.
The name GolfBalled.com, and any associated logos or designs are the service marks and/or trademarks of the Website owner, its agents, licensors or affiliates. Neither these marks nor those of any third party affiliated with or advertising within the Website may be used without the express written permission of their owners. Any infringements of Trademarks and service marks associated with the Website will be prosecuted to the fullest extent allowable under state and federal law.
Content Submissions/Forum/Golf Chat
Users are responsible for any content they submit to the Website including submissions made to the GolfBalled.com Forum/Golf Chat and GolfBalled.com disclaims any liability that may attach to the content submitted, which may involve, without limitation, copyrighted materials, trademarks, service marks, logos and trade secrets. Making a submission shall be construed as a warranty and affirmation that you own or have the rights to the content, including all the necessary licenses or consents. Users may not:
Infringe on the intellectual property rights of third parties, which include, but are not limited to, copyrights, trademarks, service marks, trade secrets, rights of publicity or rights of privacy;
Submit false, misleading or deceptive information or defamatory, abusive, threatening, offensive, obscene, profane or otherwise objectionable materials or private or personal information regarding a third party;
Submit advertisements, solicitations or promotional materials without permission from the Website;
Submit content that contains viruses or codes, files or programs that interfere with, disrupt, damage or limit the functionality of any software, hardware or equipment or which allow unauthorized access to data or other information regarding the Website, its affiliates or its members/users;
Falsely identify yourself at any time as another person or entity.
By submitting content you are granting GolfBalled.com a non-exclusive, worldwide, royalty-free, transferable license to distribute, display, reproduce, create derivative works and otherwise use the submitted materials at any time and in any medium now known or hereafter developed.
GolfBalled.com does not review the postings submitted in its Forum/Golf Chat section and does not make any representations or warranties regarding the accuracy of any statements made therein. In addition, GolfBalled.com is not responsible and accepts no liability for any statements made by Chat participants. We require that all visitors act responsibly in their use of the GolfBalled.com Website. GolfBalled.com may, at its sole discretion and without any prior warning, remove any posting or content, which it deems offensive or inappropriate.
Third Party Websites
The GolfBalled.com Website is provided “As-Is” and we make no representations, either express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement. We make no guarantees nor do we promise any specific results from the use of the Website. We do not guarantee, represent or warrant that the software, content or materials on the Website or any applications are complete, accurate, current, reliable or virus-free or that use of the services will be uninterrupted or free from error. GolfBalled.com disclaims any warranties associated with information, services or goods obtained through the use of its Website, including, without limitation, advertisements, links to other sites or search results.
In addition, GolfBalled.com shall not be responsible for nor does it make any warranties or representations regarding the accuracy or completeness of any content, including Forum/Golf Chat submissions and the Website assumes no liability or responsibility for content errors or inaccuracies. You use the Website and its content at your own risk and discretion and are solely responsible for said use and any damage resulting from use of the Website, including without limitation, that resulting from unauthorized access to or use of personal information provided by users, interruptions in service, viruses or any loss or damage incurred as a result of using any submitted content.
Limitation of Liability/Indemnification
Neither GolfBalled.com nor its officers, directors, employees, agents or assigns shall be liable to the User for any indirect, incidental, consequential, special or punitive damages including any such damages for lost profits, lost information, loss or corruption of data, loss of use of hardware or software arising from use of the Website or its services or from any content accessed through the Website, even if GolfBalled.com has been made aware of the possibility of such damages. Some States do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Therefore, some of the above limitations or exclusions may not apply to you.
Users submitting content of any kind to the Website agree to indemnify and hold harmless GolfBalled.com, its affiliates and their respective officers, directors, employees, agents and assigns from and against any loss, liability, claim, damages, costs and expenses, including reasonable attorney fees, arising from or in connection with the use of this Website and the content User submits to the Website.
Neither GolfBalled.com nor its affiliates, officers, employees, agents or assigns shall be liable for any performance failure, including delays, loss of service, or failure of the Website to perform as intended resulting from an act of nature or other forces beyond our control, including, but not limited to, fire, flood, earthquake, storms, civil disturbances, government actions, court orders, telecommunications equipment failures, power failures, Internet or computer failures, third party nonperformance and the like.
Governing Law and Jurisdiction
These Terms and Conditions, and any disputes that may arise from your use of the Website, shall be governed by the laws of the state of California, without regard to its conflicts of interest law. Jurisdiction shall reside in the state of California, county of Los Angeles.
You agree that all legal disputes shall be subject to final and binding Arbitration, except that if either party has violated or threatened to violate the other’s copyright, patent, trademark or trade secret rights or you have otherwise violated any of the User conduct terms set forth herein then the parties agree that arbitration would not be an adequate forum and that injunctive or another appropriate remedy may be sought.
Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules or, as applicable, the AAA Supplementary Procedures for Consumer related Disputes (the “AAA” Consumer Rules). The location of the proceedings and the fees shall be determined in accordance with AAA Rules. The arbitrator’s ruling shall be binding and may be entered as a judgment in any court of competent jurisdiction. Both you and GolfBalled.com agree to waive the right to trial by jury.
Any notices required under this Agreement shall be prominently posted on the Website or sent to the email address provided by the User. Notices given to GolfBalled.com shall be sent electronically or via United States Mail or other commercial carrier.
These Terms and Conditions constitute the entire agreement between you and the GolfBalled.com regarding your use of the Website and its services and supersede any prior agreements between you and the Website and its owners. The failure of GolfBalled.com to exercise or enforce any right under this Agreement shall not constitute a waiver of such right as it may pertain to any other instance. If any term in this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction it shall be eliminated and the remaining terms shall continue in full force and effect.