GOLF PIGEON TERMS AND CONDITIONS
Date of Last Revision: April 1, 2011
Golf Pigeon Privacy and Use Commandments
Do not post anything that you do not want the whole world to see! (Golf Pigeon's social network system has been created to allow golfers to discuss golf & interact with each other. Golf Pigeon is not a typical social network where you discuss your intimate personal life with friends (Golf Pigeon is not Facebook, Twitter or MySpace). Golf Pigeon is an open network where everyone has the capability to see anything that you post or share. Do not post content, pictures or videos that you do not want the whole world to see!
Do not curse, use bad language or post anything with sexual content (verbiage, pictures, video, etc) on Golf Pigeon. (Golf Pigeon reserves the right to cancel anyone's account and/or block anyone from the site for any reason at anytime).
Last but not least, have fun and enjoy the access to everything golf!
Obsessed! We are too!
Who can use golfpigeon.com
Golfpigeon.com is a social media, search engine and information site for golfers. Golf Pigeon is about everything golf. Anyone over the age of 13 and who is not a convicted sex offender is allowed to use golfpigeon.com. Please see the additional information below:
Minors under the age of 13
Please do not attempt to register on golfpigeon.com if you are under age 13. If you are under the age of 13 do not provide personal information to us. If we learn that you are under the age of 13 we will delete your information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us through firstname.lastname@example.org.
Minors over the age of 13
If you are a minor over the age of 13 we strongly suggest that you ask your parents for permission to use golfpigeon.com before sending any information about yourself to anyone over the Internet and we encourage parents to teach your children about the safe use of the internet. Remember the basic rule; everyone can see everything that is posted on Golf Pigeon.
General Safety Information
Please remember to be careful of what type of information you post on the internet. Remember that whatever you post online is on the internet forever. Do not post anything that you do not want everyone to see. Do not say anything online that you would not say in person. Protect your privacy and your friend's privacy and be careful not to post anything that may put you or your friends at risks.
By using Golf Pigeon, you agree to the TOU, which may be updated by us from time to time without notice to you. In addition, when using particular Golf Pigeon owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which guidelines or rules also may be modified without prior notice from time to time.
GOLF PIGEON RESERVES THE RIGHT TO REMOVE ANY MEMBER FOR ANY OR NO REASON FROM THE GOLF PIGEON NETWORK. YOU ACKNOWLEDGE AND AGREE THAT GOLF PIGEON MAY STORE REMOVED INFORMATION AT ITS SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT GOLF PIGEON SHALL HAVE A RIGHT TO DISPLAY PUBLIC INFORMATION OF REMOVED ACCOUNTS. YOU ACKNOWLEDGE AND AGREE THAT GOLF PIGEON IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA.
SUMMARY OF RULES AND POLICIES TO WHICH YOU AGREE AND PERMISSIONS YOU PROVIDE TO US OR TO OTHERS THROUGH US
We discuss below, in more detail, the various aspects of the TOU. However, these include:
The services we do or might provide to you and other Members and that other businesses we authorize do or might provide;
Your promise to adhere to the TOU and certain of the consequences of not doing so;
Security for your account and password;
The rules of conduct that we and others in our on-line community expect all Members will follow;
The use and disclosure you agree that we or others we authorize may make of "Content" (which we define below) that you or other Members provide on or through Golf Pigeon;
A description of what we call "Pigeon Points";
Your promise to protect us against any damages that we or others might be caused by any violations by you of the TOU;
Our rights in the Golf Pigeon name and services;
Certain important disclaimers of warranties and limitations of any potential liability we might have to you; and
Other, important aspects of the TOU and, therefore, your agreement with us.
1. DESCRIPTION OF SERVICE
Golf Pigeon provides its members with access to a rich collection of resources, including various communications tools, forums, third-party promotional (advertising) campaign tools, networking services, blogs, events, attachments, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (as the "Service"). You understand and agree that the Service may include advertisements and other third party promotional materials, campaigns and tools (including without limitation cookies, flash cookies, beacons, and similar devices used by Golf Pigeon or third parties), and that these advertisements, promotions and related activities are necessary and essential for Golf Pigeon's business and, therefore, for Golf Pigeon to be able to continue to provide the Service to you and its other Members. You also understand and agree that the Service may include certain communications from Golf Pigeon, such as service announcements, administrative messages, invitations to participate in promotional activities and the Golf Pigeon Newsletter. Receiving these communications is a condition of your Golf Pigeon membership, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to, the release of new Golf Pigeon features, applications and promotional campaigns, shall be subject to the TOU.. You acknowledge and agree that the Service is provided "AS-IS" and that Golf Pigeon assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Member communications or personalization settings. You acknowledge and agree that you are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable state and/or federal laws of the United States. You also 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 if Golf Pigeon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOU, you acknowledge and agree that Golf Pigeon may, in its sole discretion, suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Note also, that Golf Pigeon reserves the right to suspend or terminate any Member or account for no reason. You acknowledge and agree that Golf Pigeon is not liable for any information lost including but not limited to, images, friendship connections, etc.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create 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 Golf Pigeon 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. You acknowledge and agree that Golf Pigeon is not liable for any loss or damage arising from your failure to comply with the TOU.
4. MEMBER CONDUCT
You acknowledge and agree that all information, data, identifiers of you or others you identify as Friends, text, software, music, sound, photographs, graphics, artwork, video, images, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You acknowledge and agree that Golf Pigeon is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Service. You acknowledge and agree that Golf Pigeon does not control the Content posted via the Service and, as such, does not control the accuracy, integrity, quality or any aspect of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is Golf Pigeon liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity (includes thongs and topless females from the back), pornography, sexually explicit, weapons, violence, or drugs;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Golf Pigeon official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to or that would have the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Members. ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. offer any contest, giveaway, or sweepstakes;
n. "stalk" or otherwise harass another; or
o. collect or store personal data about other Members.
5. SOME OF OUR RIGHTS CONCERNING CONTENT THAT YOU OR OTHER MEMBERS PROVIDE
You acknowledge and agree that Golf Pigeon may or may not pre-screen Content, but that Golf Pigeon and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Golf Pigeon and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree and accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content created by Golf Pigeon or submitted to Golf Pigeon, including without limitation information in Golf Pigeon Message Boards, and in all other parts of the Service.
You acknowledge and agree that Golf Pigeon may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Golf Pigeon, its Members and the public.
You acknowledge and agree 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.
You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Golf Pigeon and/or Content providers who provide Content to the Service. You shall not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although Golf Pigeon cannot monitor the conduct of its Members off the Web site or on the Web site, you acknowledge and agree that it is a violation of the TOU for you to use (or allow others to use) any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any Member or person without their prior written consent.
You agree that you are solely liable and responsible for your interactions with other Golf Pigeon Members. Golf Pigeon reserves the right, but has no obligation, to monitor disputes between you and other Members.
6. UNINTENDED USE BY MEMBERS
The Web site is for the personal use of individual Members and Organizations, companies, and/or businesses that may become Members to use the Service for purposes it was intended. No unintended use of the Service or the Web site is allowed for any other purpose without Golf Pigeon.s prior approval. Illegal and/or unauthorized uses of the Web site, including collecting email addresses or other contact information of Members by electronic or other means for the purpose of sending unsolicited email, unsolicited private messages, and unauthorized framing of or linking to the Web site will be investigated, and Golf Pigeon shall take appropriate legal action at its sole discretion, including without limitation, civil, criminal, and injunctive redress. You acknowledge and agree that it is a violation of this policy to post, private message, or email to Golf Pigeon Members any solicitations, spam, junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which a Golf Pigeon Member is an agent, member, employee, owner, leader, volunteer, or investor.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Acknowledging the global nature of the Internet, you agree to comply with all local and industry rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. OUR RIGHTS CONCERNING CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You acknowledge and agree that Golf Pigeon does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Golf Pigeon the following perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on the site, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any promotional and commercial purposes by Golf Pigeon and its affiliates or by third parties at Golf Pigeon's sole discretion. For the avoidance of doubt, Golf Pigeon may continue to make available such Content on the network and Golf Pigeon will continue to have the aforementioned rights even if your account is terminated.
With respect to Content you submit or make available, you grant such other Members of the site a perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any other purpose in connection with promotional campaigns run and made available by Golf Pigeon at Golf Pigeon's sole discretion. For the avoidance of doubt and for illustration purposes, Golf Pigeon may continue to make available such Content on the network for the stated purposes and Golf Pigeon will continue to have the aforementioned rights even if your account is terminated.
You acknowledge and understand and agree that all members and users of Golf Pigeon will have access to your content. Golf Pigeon is an open network where everyone has the capability to see anything that you post or share.). Do not post content, pictures or videos that you do not want the whole world to see!)
You acknowledge and agree that in connection with the Services or Golf Pigeon.s promotional and commercial activities, your friends and others may cause some or all of your Content to be published to other Members or to third parties authorized by Golf Pigeon to use or access Content.
You acknowledge and agree that your feedback, comments and suggestions about Golf Pigeon may be used without any obligation to compensate you for them. You further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.
9. PIGEON POINTS - VIRTUAL CURRENCY
Golf Pigeon includes a virtual currency known as "Pigeon Points", which are earned based on your activity on the site and on your activity in promoting the site. Pigeon Points may be exchanged on the Web site for products shown in the Pigeon Coop when they are available. You acknowledge and agree that you understand that Products may or may not be available for exchange for "Pigeon Points" and that there is no guarantee that there will be enough products available for any or all users to exchange their "Pigeon Points" for. You also agree and understand that you are only allowed to exchange your Pigeon Points for a product in the Pigeon Coop one time per month and that each Pigeon Point begins to expire 12 months after it has been earned. You also agree and understand that products purchased using Pigeon Points are in, as-is condition and may not be "perfect" and may include imperfections as they are received from the product supplier. Golf Pigeon is also not responsible for damage occurring in handling and shipping or for products lost during the shipping process. Products "purchased" from the Pigeon Coop cannot be returned for exchange or replacement. Also you acknowledge that Golf Pigeon has the exclusive right to modify or change the rules for the Pigeon Coop and "Pigeon Points" at any time and that Golf Pigeon has the right to cancel the Pigeon Coop and "Pigeon Points" system at any time without the users consent. The "earning" of virtual "Pigeon Points" is a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in Golf Pigeon's sole and absolute discretion, or if Golf Pigeon discontinues providing the services on the Web site. Earned "Pigeon Points" are non-refundable and have no other redeemable value and cannot be returned or refunded for anything other than Products in the Pigeon Coop.
Every exchange notice you place for Products through Golf Pigeon will be deemed to be your offer to exchange your "Pigeon Points" for Product in the Pigeon Coop. We may accept your offer through delivery of the items exchanged for. Our acceptance of each offer as specified is expressly subject to and conditional upon your acceptance of these (and only these) TOU, and our determination that the offer is based upon a legitimate intent to exchange. "Pigeon Points" will be available for use as soon as reasonably practicable.
All equivalent price values for Products and "Pigeon Point" values for Products that we show on the Web site are subject to change without notice. "Pigeon Points" stated at beginning of delivery apply. "Pigeon Points" must be used exclusively on Golf Pigeon's Pigeon Coop to exchange for Products shown in the Pigeon Coop. All inquiries, including disputes, related to your use of "Pigeon Points" must be directed to our Member Services group. Upon termination or suspension of your account or upon the termination or suspension of the Pigeon Coop and the "Pigeon Point" system; all remaining balances of "Pigeon Points" will be cancelled and forfeited.
YOU AGREE TO INDEMNIFY AND HOLD GOLF PIGEON AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, GOLF PIGEON (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOU, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO INDEMNIFY AND HOLD GOLF PIGEON AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, GOLF PIGEON (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER MEMBERS. CONTENT IN CONNECTION WITH PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE BY GOLF PIGEON.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Golf Pigeon I.D.), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that Golf Pigeon may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of private messages that may be sent from or received by an account on the Service, the maximum size of any private message or post that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on Golf Pigeon's servers on your behalf. You agree that Golf Pigeon has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Service. You acknowledge and agree that Golf Pigeon at its sole discretion reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that Golf Pigeon reserves the right to modify these general practices and limits from time to time and without notice to you.
13. MODIFICATIONS TO SERVICE
Golf Pigeon 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 Golf Pigeon is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Golf Pigeon may, under certain circumstances and without prior notice, immediately terminate your Golf Pigeon account, any associated other accounts, and access to the Service. Cause for such termination shall include, but is not limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your Golf Pigeon account includes (a) removal of account access to all offerings within the Service available with a password, including but not limited to Private Messages and images that are password protected, (b) deletion of your password, and (c) barring further use of the Service. Further, you agree that all terminations may be made in Golf Pigeon's sole discretion and that Golf Pigeon shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS AND SUPPLIERS OF PRODUCTS AND SERVICES
Your correspondence or business dealings with, or participation in promotions of, advertisers and suppliers 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 and supplier. You agree that Golf Pigeon shall not be responsible or liable for any loss or damage of any sort caused or alleged to be caused by or in connection with any such dealings or as the result of the presence of such advertisers and suppliers on the Service. By way of example only, you agree that Golf Pigeon will not be liable to you for any failure by an advertiser or supplier to provide any service or product you ordered from it.
Products and prices shown on the website are subject to change and may differ from the actual supplier's final information (based on when their information was indexed or when their product feed information was received). Please click through to the various supplier's websites for final product verifications and price comparisons. Golf Pigeon only provides this information as a reference to help in the general comparison of products and prices and is not responsible for products, product descriptions, prices or pricing discrepancies. Golf Pigeon obviously cannot show all products and prices from every possible source; therefore please be aware that lower or higher prices may exist for these products somewhere else that are not shown on Golf Pigeon. Golf Pigeon is not the seller of these products shown; therefore it is the buyer's responsibility to verify the supplier's product description, product information, product pricing, return policies, etc. by clicking through to the supplier's website and then checking any other websites for products and prices.
16. CONNECTED ACCOUNTS: FACEBOOK, TWITTER, MYSPACE
Golf Pigeon is not a typical social network or website. Golf Pigeon's social network system has been created to allow golfers to discuss golf and golf related topics with each other. Golf Pigeon is not a typical social network where you discuss your intimate personal life with friends (Golf Pigeon is not Facebook or MySpace). Golf Pigeon is an open network where everyone has the capability to see anything that you post or share. Golf Pigeon has many links that allow information to linked from Golf Pigeon to other sites such as Facebook, Twitter, Myspace, etc. These links are meant to allow information to be shared with these sites, not to allow complete access, functions, content, from these sites to be posted into Golf Pigeon.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Golf Pigeon has no control over such sites and resources, you acknowledge and agree that Golf Pigeon 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 Golf Pigeon shall not be responsible or liable, directly or indirectly, for any damage or loss of any sort 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.
18. GOLF PIGEON'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any 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 presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Golf Pigeon or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or advertisers. Content, in whole or in part.
Golf Pigeon 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, infringe or otherwise transfer or attempt to transfer any Rights 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 Golf Pigeon for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOLF PIGEON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GOLF PIGEON 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.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS. COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLF PIGEON OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
YOU ACKNOWLEDGE AND AGREE THAT GOLF PIGEON USES COMMERCIALLY REASONABLE EFFORTS TO PROTECT ITS MEMBERS, BUT THAT GOLF PIGEON DOES NOT GUARANTEE THAT THE USE OF THE SERVICE WILL BE SAFE OR SECURE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMER AND LIABILITY LIMITATION COVENANTS CONTAINED HEREIN, GOLF PIGEON.S AGGREGATE LIABILITY TO YOU SHALL BE ZERO.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GOLF PIGEON SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF GOLF PIGEON 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 CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
OTHER GOLF PIGEON MEMBERS, WITH WHOM YOU CHOOSE TO ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT AND COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST GOLF PIGEON IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOU OR NOT.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries of this agreement.
Golf Pigeon may provide you with notices, including those regarding changes to the TOU, either by email, regular mail, or postings on the Service.
24. TRADEMARK INFORMATION
Golf Pigeon trademarks and service marks and other Golf Pigeon logos and product and service names are trademarks of Golf Pigeon (the "Golf Pigeon Marks"). Without Golf Pigeon's prior permission, you agree not to display or use, in any manner, the Golf Pigeon Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Golf Pigeon respects the intellectual property of others, and we ask our Members to do the same. Golf Pigeon is a social network and a search engine. The purpose of Golf Pigeon's social network and search engine is to help connect users so that they can communicate and share golf related topics and to help users find golf information that they are looking for on the internet. Golf Pigeon makes every attempt to give credit for the content and information it finds and uses on the internet when it provides that content to its users; other than content that Golf Pigeon has created on its own or content that is believed to be in the public domain. Golf Pigeon also allows its users to upload content and add content to various locations the site to enhance the information and services provided.
Golf Pigeon may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Members whom Golf Pigeon believes are or may be infringers and, particularly, repeat infringers. Golf Pigeon reserves the right to terminate or reclaim your account if Golf Pigeon believes appropriate (for example, if Golf Pigeon believes that your username infringes third party.s trademark rights).
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Golf Pigeon's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Golf Pigeon's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Golf Pigeon will consider the information you provide and other information it may obtain. In its sole discretion, and notwithstanding the permissions you provided in these TOU, Golf Pigeon may remove any Content that it finds to have infringed on your Rights.
26. GENERAL INFORMATION
Entire Agreement. The TOU constitute the entire agreement between you and Golf Pigeon and govern your use of the Service, superseding any prior agreements between you and Golf Pigeon. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Golf Pigeon services, affiliate services, third-party content or third-party software.
Governing Law. This TOU shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to the conflicts of laws principles thereof.
Disputes. You agree that any dispute relating in any way to your access and/or use of Golf Pigeon, these TOU, or to the use or access of Golf Pigeon by third parties shall exclusively be submitted to a confidential arbitration in Oklahoma in or near Edmond, Oklahoma. To the extent that you have in any manner violated or threatened to violate any of Golf Pigeon's Rights or Golf Pigeon Marks, Golf Pigeon may seek injunctive or other appropriate relief in the state or federal courts of Oklahoma or, at Golf Pigeon.s election, some other court in which jurisdiction over you would proper. You agree to the exclusive jurisdiction and venue of the Oklahoma state and federal courts (or such other court as Golf Pigeon may so elect) for the resolution of any disputes between or involving you and us.
Arbitration under this agreement shall be conducted under the then current rules of the American Arbitration Association: however, notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOU or to award you attorneys fees. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOU shall be joined to an arbitration involving any other party subject to these TOU, whether through class arbitration proceedings or otherwise.
Waiver and Severability of Terms. The failure of Golf Pigeon to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found to be invalid by an arbitrator or pursuant to the disputes section above a court of competent jurisdiction, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision. The other provisions of the TOU shall remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Golf Pigeon account is non-transferable and any rights to your Golf Pigeon I.D. or account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.
Statute of Limitations. 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 the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Assignment. These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Golf Pigeon without restriction.
If you are located outside the United States, you acknowledge and agree to having your data transferred to and processed in the United States.
Please report any violations of the TOU to violations@GolfPigeon.com.
P.O. Box 31018
Edmond, OK 73003