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The GolfersMatch User Agreement
GolfersMatch Limited. ("GolfersMatch") shall provide an interactive suite of
golf content and services ("the Service") to you ("User") under the terms
and conditions of this GolfersMatch User Agreement ("the Agreement").
USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT
WITH GOLFERSMATCH LTD. BY COMPLETING THE REGISTRATION PROCESS AND BY
CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS
AGREEMENT WITH GOLFERSMATCH LTD.
AS A CONDITION OF THE AGREEMENT, YOU MUST ACCEPT ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY; THEREFORE, WE ENCOURAGE
YOU TO CAREFULLY REVIEW AND FAMILIARIZE YOURSELF WITH IT. IN ADDITION,
YOU SHOULD REVIEW THE AGREEMENT FROM TIME TO TIME FOR ANY IMPORTANT CHANGES.
1. General.
GolfersMatch is an interactive suite of content and services (the "Service")
located on the World Wide Web. The Service offers Users (as defined below)
access to (i) information, software and other content owned or licensed by
GolfersMatch and third-parties ("Content Providers"), and (ii) merchandise
and services offered by GolfersMatch and independent merchants ("Merchants").
For purposes of this Agreement, "Users" means any person who establishes
an authorized account ("Account") for access to and use of the Service.
By registering as a User and using the Service, you accept and agree to
comply with all of the terms and conditions of the Agreement, as modified
from time to time, and all rules or policies posted on the Service
("Rules"), for as long as you remain a User. Except as expressly permitted
in this Agreement or the Rules, no portion of the Service (including any
information, content or software other than software to be used solely in
connection with User's Account) may be downloaded, reproduced,
redistributed, retransmitted, published, resold or otherwise commercially
exploited by any User.
2. Modifications.
GolfersMatch reserves the right to modify the Service as described in the
Agreement and on the site, and to change the terms and conditions of the
Agreement. GolfersMatch will post the new Agreement and updated descriptions
of the Service on the site. Continued use of the Service after such
postings shall be deemed an acceptance by the User to be bound by the terms
of the modified Agreement. Users not wishing to be bound by the modified
Agreement or Service may terminate the Service pursuant to the Termination
section below.
3. Account Responsibility and Fees.
The User is responsible for ensuring that all use of the Service under the
User's Account (i.e., use of the Service by any person using the User's
Username and Password) complies with the provisions of this Agreement and
all Rules. The User is responsible for maintaining the confidentiality of
his or her Password. GolfersMatch is not responsible for delivery, warranties,
guarantees or other matters concerning purchases from Merchants that are
not owned or operated by GolfersMatch.
4. User Conduct.
The User shall be responsible for, and assumes all liability associated
with, any material made available though the Service under the User's
Account, including but not limited to liability for claims of infringement
of intellectual property rights and defamation. The User shall not post,
transmit through, or otherwise make available on the Service (i) any
material which violates or infringes in any way upon the rights of others,
which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually
explicit, racist, threatening, hateful or otherwise objectionable or which
encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law, (ii) without the express
written consent of the owner thereof, any copyrighted material, or (iii)
without the express prior written consent of GolfersMatch, any advertising or
any solicitation with respect to products or services (unless posted in an
area specifically designated for that purpose). Although GolfersMatch does not
and cannot review every message posted by Users on the Service, GolfersMatch
shall be under no obligation to permit any material posted or transmitted
by the User to remain on the Service, and may refuse to display or may
remove from the Service any material which GolfersMatch, in the exercise of its
sole discretion, believes violates this Agreement or any Rules. Material
authored by User under this Agreement ("User Material") that is posted,
transmitted through or otherwise made available on the Service by the
User in public posting areas such as discussion groups, chat rooms, etc.
shall be considered to be in the public domain, and may be copied,
published, distributed or otherwise used by GolfersMatch (or another User)
for any purpose without the permission of the User. User acknowledges that
any User Material posted, transmitted through or otherwise made available
on the Service may be edited, removed, modified, published, transmitted and
displayed by GolfersMatch, and User waives, and agrees never to assert, any
moral rights User may have in such User Material.
5. Service Content.
The entire contents of the Service are copyrighted as a collective work
under International copyright laws. Except as
expressly permitted by this Agreement or the Rules, the User may not copy,
reproduce, publish, retransmit, redistribute, publish commercially, exploit
or otherwise transfer any copyrighted materials, in whole or in part, in
any manner, without the express written permission of the copyright owner.
The User may download or make a single copy of copyrighted materials solely
for the User's own personal use, provided the User preserves any copyright
or other notices contained in or associated with them. GolfersMatch shall not
be responsible for any opinions, views, advice or statements posted on the
Service (including, without limitation, in any public posting areas of the
Service) by any person or entity other than an authorized GolfersMatch
spokesperson. Service advertisers, Content Providers, Users, guests,
independent writers and experts are not authorized GolfersMatch spokespersons.
At no time should the opinions, views, advice or statements provided by
Service advertisers, Content Providers, Users, guests, independent writers
or experts be relied upon for important personal decisions without
independent verification. Except as stated in the license agreement
accompanying any software provided through or in connection with the
Service ("Software"), the User is granted only a personal, non-exclusive
and non-transferable license to use such Software while User's Account
remains in effect, and unauthorized use and copying of such Software is
prohibited.
GolfersMatch is a registered trademark of GolfersMatch Ltd. All other
trademarks appearing on the Service are trademarks of their respective
owners.
6. Disclaimers and Limitation of Liability.
The user agrees that the use of the service, and any software obtained
through or in connection with the service is at the user's sole risk and
is done "at will." Neither GolfersMatch, its content providers nor any of their
respective employees, agents or licensors warrant that the service will be
uninterrupted or error-free or that the software will be error-free; nor do
GolfersMatch or any of the foregoing persons or entities make any warranty as
to the accuracy, reliability or content of any information, software,
products or services provided through the service or the results to be
obtained from use of the service. The service and any software are provided
to user on an "as is" basis, without warranties of any kind, either express
or implied, including but not limited to warranties of title or implied
warranties of merchantability or fitness for a particular purpose; and
GolfersMatch hereby expressly disclaims, on its own behalf and on behalf of
its content providers such other persons, all warranties of any kind, other
than those which are implied by and incapable of exclusion, restriction or
modification under the laws applicable to this agreement.
The user's sole and exclusive remedy and GolfersMatch's sole and exclusive
obligation for any damages caused or allegedly caused by any failure of
performance, error, omission, interruption, defect, delay in operation or
transmission, or other cause, shall be to terminate the user's account. In
no event will GolfersMatch or any person or entity involved in creating,
producing or distributing the service or any software be liable for any
direct, indirect, incidental, special or consequential damages arising out
of the use of or inability to use the service or any software or out of the
breach of any warranty or any other cause.
7. Indemnification.
User agrees to indemnify and hold GolfersMatch and its licensors, parents,
subsidiaries, affiliates, network partner sites, officers and employees
("Affiliated Parties"), harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of User's use of the Service, the violation of the Agreement by User, or
the infringement by User, or other user of the Service using User's
computer, of any intellectual property or other right of any person or
entity.
8. Cookies.
A "cookie" is a file transferred from the Service to the hard drive of a
User's computer. GolfersMatch uses cookies to save Users' Usernames and
Passwords so Users do not have to re-enter them each time they log on to
access the Service, to personalize the Service, and to show Users banner
advertisements. For Users who share their computers, it is recommend that
such Users log out after each e-mail session and close their browsers.
9. Use of Registration Information.
The registration form for the Service requires certain contact information
(like a User e-mail address, street address and zip code) and demographic
information (like a User's gender and age) ("Registration Information").
Registration information is used by GolfersMatch as follows:
a) Custom Experience, Advertising and Promotions. GolfersMatch's
Service is advertising supported. GolfersMatch uses Registration
Information to tailor the experience and advertising to the interests of
individual Users, and to send Users promotional information from
GolfersMatch sponsors when requested by individual Users.
b) GolfersMatch Communication. GolfersMatch uses Registration
Information to contact Users if necessary regarding User accounts or other
User service issues; to send Users GolfersMatch newsletters containing
information on GolfersMatch developments, new features, and User benefits.
Users may opt out of receiving GolfersMatch newsletters and other
promotions as detailed below.
c) Third-Party Promotions. GolfersMatch provides Registration
Information to third parties to enable them to send Users promotions when
requested by Users. GolfersMatch has no control over, and is not
responsible for, the use of Registration Information provided to such third
parties. Users are advised to refer to the privacy policies of the
applicable third parties.
10. Notices.
GolfersMatch may provide notice to Users, at GolfersMatch's option, by posting
a message on the Service, by electronic or conventional mail, or by any
other means by which Users obtain actual knowledge thereof.
Notices by Users to GolfersMatch must be provided by electronic or conventional
mail. Notices to GolfersMatch by electronic mail must be sent to Customer
Service at support@golfersmatch.com. Notices to GolfersMatch by conventional
mail must be sent to:
GolfersMatch Limited
80 Sidney Street
Folkstone
Kent CT19 6HQ
England, UK
Notices provided by a User to GolfersMatch will not change the terms of this
Agreement or any Operating Rule, unless a modification is expressly
accepted in writing by an authorized officer of GolfersMatch.
11. Termination.
Either GolfersMatch or the User may terminate this Agreement and the User's
Account at any time, with or without cause. In the event that the User is
dissatisfied with the Service for any reason whatsoever, User's sole and
exclusive remedy is to terminate the User's Account by notice to GolfersMatch
pursuant to this Agreement. GolfersMatch may suspend or terminate User's
Account, without notice, in the event of any breach by the User
(or individuals in User's household) of this Agreement or any Rules or for
other conduct by the User (or individuals in User's household) which
GolfersMatch, in its sole discretion, considers to be unacceptable. Suspension
or termination of a User's Account means that the Service will no longer be
accessible to the User. GolfersMatch shall not be responsible for any
consequences of such lack of access. Suspension or termination of a User's
Account by GolfersMatch also terminates the User's license to use any Software
provided by GolfersMatch. The provisions of this Agreement will survive the
termination of the Agreement or the User's Account, whether by GolfersMatch
or the User.
12. Other provisions.
SEVERABILITY. If any provision hereof shall at any time be held to be
void, invalid or unenforceable, such provision shall be construed as
severable and shall not in any way affect or render void, invalid or
unenforceable any other provision of this Agreement, and this Agreement
shall be carried out as if such void, invalid or unenforceable provision
were not part of this Agreement.
ACTION LIMIT. User and GolfersMatch agree that any cause of action arising out
of or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently
barred.
NO WAIVER. No waiver on the part of GolfersMatch to exercise, and no delay in
exercising, any right, power or provision hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right,
power or provision hereunder preclude the exercise of that or any other
right, power or provision.
GOLFERSMATCH SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
and inure to the benefit of any GolfersMatch successor companies or assigns.
HEADINGS. The headings in this Agreement are for convenience only and shall
not affect the meaning or interpretation of this Agreement or any provision
thereof.
ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all prior
and contemporaneous agreements and understandings, whether oral or written,
relating to the subject matter hereof.
GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the European Ecomnomic Community applicable to
agreements executed and performed wholly within
The European Economic Community.
____________________
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