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THE AMERICAN FOOTGOLF LEAGUE WEB SITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY

The following terms and conditions (the “Terms of Use”) govern your use of the following web sites and the subdomains thereof: AFGL.US and FOOTGOLF.NET (each such web site referred to herein as a “AFGL Site,” and collectively, the “AFGL Sites”). The AFGL Sites are made available by the American FootGolf League (the “AFGL” or “we” or “us”).

 

We may change these Terms of Use from time to time, by posting such changes on the AFGL Sites, and such changes will be effective upon any further use of the AFGL Sites. BY USING THE AFGL SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE AFGL SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE THE AFGL SITES.

 

1. Proprietary Rights. As between you and the AFGL, and except for your Submitted Materials (as defined in Section 5 below), the AFGL owns, solely and exclusively, all rights, title and interest in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, scoring information, games, widgets, gadgets, applets, other distributable applications, handicapping materials, other visuals, video, copy and software), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the AFGL Sites, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the AFGL Sites does not grant to you ownership or title of, in or to any Site Content or any other part of the AFGL Sites.

 

2. Limited License. Subject to the terms and conditions set forth herein, the AFGL grants you a non-exclusive, non-transferable, limited license to access, view, use and display the AFGL Sites and Site Content and on your computer or other Internet-capable device, provided that you comply fully with these Terms of Use. The AFGL Sites and Site Content are for your personal, educational and noncommercial use only. Any commercial use, distribution, publishing or exploitation of the AFGL Sites, or any Site Content, is not allowed unless you have received the express prior written permission of the AFGL or the applicable rights holder.

 

3. Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the AFGL Sites or on Site Content are registered and unregistered trademarks of the AFGL and other persons (collectively, the “Trademarks”), and may not be used unless authorized by the Trademark owner. Nothing contained on the AFGL Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the AFGL Sites without the AFGL’s written permission or that of the third party rights holder.

 

4. User Accounts. In order to access, browse and use certain services or features, or to submit content, information, materials or participate in certain activities, on the AFGL Sites, you may need to create an account on the AFGL Sites and submit certain personal information. For example, by registering on the Archive Site, you may create an “Archive” in the “My Archive” area of the Archive Site, which you may access by username and password, and into which you may copy and save your selected pieces of Archive Site Content (which may include, depending on your selections, your Submitted Materials as defined herein). The AFGL’s information collection and use policies with respect to user information are set forth in the AFGL Sites’ Privacy Policy, which is incorporated herein by reference for all purposes. When creating your account, you agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your account or password, if any. You should not sell, transfer nor assign your account or allow others to use it, and you are responsible for maintaining the confidentiality of your user name and password. The AFGL reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the AFGL Sites for any reason, including without limitation for extended periods of inactivity.

 

5. Submitted Materials. Unless specifically requested, the AFGL does not solicit, nor does the AFGL wish to receive, any confidential, secret or proprietary information or other material from you through the AFGL Sites, by e-mail or in any other way. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials submitted, posted, uploaded or sent or transmitted on or through the AFGL Sites in any manner, will be deemed not to be confidential or secret, and may be used by the AFGL in any manner consistent with these Terms of Use and the AFGL Sites’ Privacy Policy.

By submitting, uploading, posting or sending Submitted Materials to or on the AFGL Sites, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the AFGL Sites for the AFGL’s use in accordance with these Terms of Use and the purposes described on the AFGL Sites, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to the AFGL (and its affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works (including, without limitation, the AFGL Sites), products or services in any form, media, or technology now known or later developed. The AFGL cannot be responsible for maintaining any Submitted Material that you provide to the AFGL or on or through any AFGL Site, and the AFGL may delete or destroy any such Submitted Material at any time.

 

6. Rules of Conduct. While accessing or using the AFGL Sites, the Site Content and the various other features available on the AFGL Sites, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular AFGL Sites, areas or features on the AFGL, you agree that you shall not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;

  • insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any AFGL Site (including, for example and without limitation, in an RSS feed or podcast received from the AFGL or otherwise through a AFGL Site), or into any of your Submitted Materials that you may submit to any Forum or any other areas of the AFGL Sites;

  • use, redistribute, republish or exploit any part of the AFGL Sites or any Site Content (including, for example and without limitation, an RSS feed or a podcast on a AFGL Site) for any commercial or promotional purposes, or contact any other user of the AFGL Sites for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on a AFGL Site or in a Forum on a AFGL Site;

  • alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;

  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the AFGL Sites through any means, including through means not intentionally made publicly available or provided for through the AFGL Sites;

  • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the AFGL Sites, including, without limitation, any information residing on any server or database connected to the AFGL Sites;

  • use the AFGL Sites or its features and services in any manner that could interrupt, damage, disable, overburden or impair the AFGL Sites or interfere with any other party's use and enjoyment of the AFGL Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support any one else’s attempt to do any of the foregoing) with the USGA Sites or its services or any software on the AFGL Sites;

  • create any links from a AFGL Site (or include any links in your submissions to any Forum or any other part of a AFGL Site) directed to Web sites or content owned or maintained by third parties;

  • frame any third-party sites or content, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by the AFGL of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;

  • upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

  • use the AFGL Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;

  • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or

  • use the AFGL Sites or its services (or any Site Content), in whole or in part, in violation of any applicable law.

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8. Public Forums. The AFGL Sites may include certain features that would allow users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the “Forums”). All of the terms and conditions set forth in these Terms of Use (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the AFGL Sites), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the AFGL Sites and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information that you choose to disclose in such Forums and on the AFGL Sites in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information in your submissions to the Forums.

 

9. Right to Monitor and Editorial Control. The AFGL reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the AFGL Sites (including, without limitation, the Forums). The AFGL is not responsible for any such materials. However, the AFGL reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the AFGL’s sole discretion, are objectionable or in violation of these Terms of Use, the AFGL’s policies or applicable law. The AFGL may also impose limits on certain features or restrict your access to part or all of the AFGL Sites, without notice or penalty, if the AFGL believes you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

 

10. Indemnification. You agree to defend, indemnify and hold the AFGL and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of the AFGL Sites or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of the law or these Terms of Use. The AFGL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

 

11. Orders for Products and Services. We may make certain products and services available for purchase or download to users of the AFGL Sites. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the AFGL. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the AFGL Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.

 

12. Linking to the AFGL Sites. You agree that, without the prior express permission of the AFGL: (a) if you include a link from any other web site to the any AFGL Site, such link shall open in a new browser window and shall link to the home page of a AFGL Site; (b) you are not permitted to link directly to any image hosted on the AFGL Sites, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to a AFGL Site in any manner such that a AFGL Site, or any page of a AFGL Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any AFGL Site signifies that you have read the restrictions described herein and agree to abide by their terms. The AFGL may, in its sole discretion, insist that any link to a AFGL Site be discontinued, and the AFGL may revoke your right to link to a AFGL Site from any other web site at any time upon written notice to you.

 

13. Third Party Web Sites. You may be able to link from the AFGL Sites to third party web sites and third party web sites may link to the AFGL Sites (“Linked Sites”). You acknowledge and agree that the AFGL has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by the AFGL. If you choose to rely on any Linked Site, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.

 

14. DISCLAIMER OF WARRANTIES. THE AFGL SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED 'AS IS,' 'AS AVAILABLE,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE AFGL HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE USGA DOES NOT WARRANT THAT THE USGA SITES, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE AFGL MAKES NO WARRANTY THAT THE AFGL SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AFGL, OR FROM OR THROUGH THE AFGL SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE AFGL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE AFGL SITES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE AFGL SITES. IF YOU ARE DISSATISFIED WITH THE AFGL SITES, YOU SHOULD DISCONTINUE USING THE AFGL SITES. THE AFGL DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE AFGL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE AFGL SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE AFGL SITES, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE AFGL AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA ANY AFGL SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE AFGL SITES OR IN CORRESPONDENCE WITH THE AFGL OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE AFGL SITES ARE PROVIDED BY THE AFGL (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE AFGL OR ITS LICENSOR OR SUPPLIER.

 

15. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE AFGL, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE AFGL SITES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE AFGL SITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE AFGL SITES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE AFGL SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE AFGL SITES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE AFGL FOR YOUR USE OF ANY AFGL SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS ARCHIVE SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

 

16. Jurisdictional Issues. The AFGL Sites are intended for users who are located in the United States of America. The AFGL does not represent that materials on the AFGL Sites are appropriate or available for use in other locations. Persons who choose to access the AFGL Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the AFGL Sites is further subject to United States export controls. No software from the AFGL Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

17. Termination. The AFGL may terminate, change, suspend or discontinue any aspect of the AFGL Sites at any time. The AFGL may restrict, suspend or terminate your access to the AFGL Sites, to any Site Content and/or its services if we believe you are in breach of the these Terms of Use or applicable law, or for any other reason without notice or liability. The AFGL maintains a policy that provides for the termination in appropriate circumstances of the AFGL Sites use privileges of users who are repeat infringers of intellectual property rights.

 

18. Miscellaneous. These Terms of Use and the relationship between you and the AFGL shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The AFGL’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

19. Copyright. We respect the intellectual property rights of others, and require that the people who use the AFGL Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the AFGL’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:

  • Your address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the alleged infringing material is located;

  • 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;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • 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.

 

Copyright.

 

AMERICAN FOOTGOLF LEAGUE

74710 Highway 111

Suite 102

Palm Desert, CA 92260

United States of America

Telephone +1 760.501.0100

Fax +1 866.702.1667

e-Mail usa@footgolf.net

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