Terms of Service for FairGolfMatch.Com
FairGolfMatch.Com, LLC ("we", "us") provides FairGolfMatch.Com ("Service", "FGM") as a service to users subject to the following Terms Of Service, which may be updated, at our discretion, from time to time without notice to you. It is recommended that you refer to these Terms Of Service periodically to make sure that you are aware of any additions, revisions, or modifications that we have made to them. Your use of the Service constitutes your acceptance of the current Terms Of Service at the time of use.
Hyperlinks and Third party Sites
The Service contains hyperlinks to sites owned and controlled by third parties. FGM is not responsible for the content of third-party sites. The inclusion of any link to such sites does not imply endorsement by FGM. Any third-party site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, FGM content; (c) shall not imply that FGM is endorsing or sponsoring it or its products and/or services; (c) shall not present false information about FGM or its products or services; (e) shall not use Trademarks without the prior written permission from FGM; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Not withstanding anything to the contrary contained in these Terms Of Service, we reserve the right to deny permission to link to the Service from any website for any reason per our sole and absolute discretion.
Copyright and Trademark Notices
The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All content, materials and services provided by and contained on FairGolfMatch.Com are protected by copyright and are owned or controlled by FGM or the party credited as the provider of the content. Copying or storing any part of the Service is expressly prohibited without prior written permission from FGM or the copyright holder as identified on the Service. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FGM is prohibited. Permission to use materials from the Service (the "Materials") is granted provided that: (a) Use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; (b) You keep intact all copyright and other proprietary notices; and (c) No modifications of the Materials are made. Elements of the Service including, but not limited to, the "look and feel," are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by FGM.
Representations and Warranties
You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
Registration, Information Security, And Privacy Policy
As a user ("User") of our Service, you are made responsible for keeping your club or course password and sign-on secure. Failure to do so will breach this agreement. You should notify us by email at golf@fairgolfmatch.com if you suspect a breach of security or unauthorized disclosure of your password. You will never be required to reveal your password to any representative or agent of the Service or its owners. You must be 18 years old or older or, if acting for a minor, grant permission as parent or guardian for that minor to become a User of our Service. Logging in as a User of the Service is confirmation that the person logging in is an adult or has received permission from a parent or guardian to become a User of the Service. You are responsible for all usage or activity for your golf course or club on the Service via your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Copyrights and Copyright Agents
FGM has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that our work has been copied by another party in a way that constitutes copyright infringement, please provide FGM's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FGM's copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached as follows:
Administrator
FairGolfMatch.Com L.L.C.
P.O. Box 1107
Decatur, AL 35602
golf@fairgolfmatch.com
User Content
You, as a User of the Service, are solely responsible for content that you post or submit to the Service ("your Content"). This means that you, and not FGM, are entirely responsible for all of your Content that you upload, post, email, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties.
FGM cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of your Content including, but not limited to, any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any of your Content made available via the Service.
FGM does not claim ownership of your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content and to incorporate your Content in other works in any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your Content. You acknowledge and agree that FGM may archive your Content and may also disclose your Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
Disclaimer of warranties
This site could contain technical inaccuracies or typographical errors. FGM does not warrant or make any representations regarding the use of this site in terms of its accuracy, reliability, or otherwise. This site is provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, those concerning merchantability and fitness for a particular purpose or use or implied warranties of non-infringement. It des not warrant that this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.
Limitation of Liability
Under no circumstances shall FGM be liable for any direct, indirect, special, punitive, incidental, or consequential damages that are directly or indirectly related to the use of, or the inability to use, or the performance of, the Service, even if foreseeable or FGM has been advised of the possibility of such damages whether in an action of contract, negligence, or other tortuous action. FGM will not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or worm, or line failure. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, FGM's liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnity
You agree to defend, indemnify and hold harmless FGM with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, FGM retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against FGM herein under the terms and provisions of this Section and in no event shall you settle any such claim without FGM's prior written approval.
Intrenational Use
FGM makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws.
Jurisdiction
FairGolfMatch.Com, L.L.C. controls and operates the FGM website from its headquarters in Decatur, Alabama, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
Miscellaneous
These Terms Of Service contain the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in these Terms Of Service are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of these Terms Of Service or the intent of any provision of these Terms Of Service. It is the intent of the parties that neither these Terms Of Service, nor any covenant in these Terms Of Service, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to these Terms Of Service. If any provision of these Terms Of Service shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms Of Service.
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