GOLF 4 MILLIONS – TERMS & CONDITIONS
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”), THE PRIVACY POLICY , COMMUNITY GUIDELINES , AND ANY APPLICABLE CONTEST RULES, GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB AND RELATED SERVICES (THE “SITE”) OF GOLF 4 MILLIONS, INC. AND AFFILIATES INCLUDING BOOKING SOFTWARE, AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. GOLF 4 MILLIONS RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
NOTE: YOUR ENTRY IN ANY CONTEST, EVENT OR CHALLENGE ON THE SITE OR OUR PARTNER FACILITIES IS SUBJECT TO THE RULES THAT ARE AVAILABLE FOR EACH INDIVIDUAL CONTEST. RULES MAY VARY DEPENDING ON THE CONTEST. THE RULES FOR EACH CONTEST ARE ACCESSIBLE ON THE CONTEST INFORMATION PAGE.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THIS SITE AND BY USING THIS SITE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ACCESS THE SITE FROM A SOCIAL NETWORKING SITE (“SOCIAL SITE”) YOU SHALL COMPLY WITH THE TERMS OF SERVICE/USE OF SUCH SOCIAL SITE AS WELL AS THESE TERMS. TO USE THIS SITE THROUGH A SOCIAL SITE, YOU MAY ALSO BE REQUIRED TO HAVE A VALID ACCOUNT ON THE SOCIAL SITE THROUGH WHICH YOU CONNECT TO THE SITE.
GENERAL USE RESTRICTIONS
All information, documents, products, software, event programs and services provided on this Site, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the “Materials”) are provided to you by Golf 4 Millions or Golf 4 Millions’ licencors or partner entities, as applicable. Golf 4 Millions grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the Golf 4 Millions copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. A subcategory of the Materials is software (“Event Software” and “Booking Software”) and in addition to the license grant set forth above in this section, Golf 4 Millions grants you the limited right to access and cache the Booking or Event Software solely for your noncommercial use in connection with your participation in the Site. You may use the Event Software or the Booking Software to enhance your golf business while you are an active member of Golf 4 Millions. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials. The site provides a dynamic environment for events and tee time booking.
You acknowledge and agree that that in the course of providing this dynamic environment, Golf 4 Millions will, without providing notice, be making ongoing modifications and improvements to the Game Software from time to time in the course of the operation and development of the Site. Such changes may affect the performance and interaction of individual components of the games, performance of virtual items, contests and challenges available on the Site.
In addition, you agree that Golf 4 Millions retains the sole and unfettered right to change, remove or modify the available items from time to time (which may among other things make one or more virtual items more or less effective or functional, more common or less common, or eliminated entirely). You may not use, distribute, develop, promote or facilitate use of automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Golf 4 Millions experience to the detriment of fair play.
YOU HEREBY AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM AGAINST GOLF 4 MILLIONS OR ANY OF ITS EMPLOYEES WHICH IS RELATED TO OR BASED ON A CLAIM THAT YOU OWN OR ARE DUE VALUE FOR ANY ITEM, INCLUDING WITHOUT LIMITATION RELATING TO THE MODIFICATION OR DELETION OF ONE OR MORE ITEMS.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Golf 4 Millions. You agree that you shall not, under any circumstances: (i) exploit the Events or Booking or any of its parts, including without limitation the Event and Booking Software, for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Golf 4 Millions; (ii) host, provide or develop matchmaking services for the events or intercept, emulate or redirect the communication protocols used by Golf 4 Millions in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or (iii) extract content or data from the Site through data mining, robots, scraping or similar data gathering or extraction methods.
GOLF 4 MILLIONS CREDITS OR COINS
Golf 4 Millions may offer credits, coins or points (either for purchase or for free, at Golf 4 Millions’ discretion) that enable you to participate in events and purchase merchandise, travel, rounds of golf and other items through the Site (the “Golf 4 Millions Credits”). By purchasing Golf 4 Millions Credits or coins, Golf 4 Millions is granting you a limited license right to you to utilize certain features of our product and service offering as allowed by Golf 4 Millions. Golf 4 Millions Credits do not have monetary value and are not redeemable for money at any time. Golf 4 Millions may regulate, modify and/or eliminate Golf 4 Millions Credits at any time at its discretion with no liability to you or to any third party from the exercise of such right.
IN-EVENT SKILL BASED COMPETITIONS
As part of regular Golf 4 Millions event participation, Golf 4 Millions may sponsor and give you the opportunity to earn Golf 4 Millions Credits in certain in-game skill based monthly and weekly competitions (“Competitions”). No purchase or payment is necessary to participate in such Competitions. The odds of earning Golf 4 Millions Credits in Competitions depend on the number of eligible participants in and their relative skill in the Competitions. Competitions are open to individuals who are 18 years of age or older or the age of majority in the entrant’s state or province/territory of residence, whichever is greater. Employees, officers, and directors of Golf 4 Millions and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to enter or participate in Competitions. Void where restricted, taxed or prohibited by law. Individuals that earn Golf 4 Millions Credits in the Competitions will be determined and announced on or about the fifteenth (15th) calendar day following each monthly Competition and between one (1) and three (3) weeks following each weekly Competition. In the event of a tie, the participant that entered the Competition earlier will earn the Golf 4 Millions Credits.
IN-EVENT PERSON TO PERSON SKILL BASED CHALLENGES
As part of regular Golf 4 Millions events, Golf 4 Millions may sponsor and give you the opportunity to earn Golf 4 Millions Credits in certain in-game person to person skill based challenges (“Challenges”). The odds of earning Golf 4 Millions Credits in a Challenge depend on your relative skill in the Challenge. Challenges are open to individuals who are 18 years of age or older or the age of majority in the entrant’s state or province/territory of residence, whichever is greater. To participate in a Challenge, you must not be a resident of (a) the United States who resides in Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, or Vermont, or be subject to the laws of one of those states, (b) Brazil, Argentina, the People’s Republic of China, South Korea, Japan, or (c) any other jurisdiction that Golf 4 Millions excludes in its sole discretion. Employees, officers, and directors of Golf 4 Millions and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to enter or participate in Challenges. Void where restricted, taxed or prohibited by law.
Individuals that earn Golf 4 Millions Credits in each Challenge will be determined and posted on the Site upon completion of the Challenge. In the event of a tie, Golf 4 Millions shall have the right to require the participants to participate in another event or shot to determine who has the best score in the Challenge.
THIRD PARTY CONTENT
Third parties may provide certain information and content to Golf 4 Millions (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. GOLF 4 MILLIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
NO FRAMING
You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on this Site on any other server or Internet-based device without the advance written authorization of Golf 4 Millions or its licensors, respectively.
THIRD PARTY ADVERTISEMENTS
You understand that the Site and Golf 4 Millions Events may feature advertisements from Golf 4 Millions or third parties. Golf 4 Millions’ disclosure of information for third party advertising is addressed in Golf 4 Millions’ Privacy Policy.
LINKS TO THIRD PARTY SITES
This Site may provide links to other Web sites or resources over which Golf 4 Millions does not have control (“External Web sites”). Such links do not constitute an endorsement by Golf 4 Millions of those External Web sites. You acknowledge that Golf 4 Millions is providing these links to you only as a convenience, and further agree that Golf 4 Millions is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.
PASSWORD RESTRICTED AREAS OF THE SITE AND USERNAMES
You agree to provide true, accurate, current and complete information about yourself as prompted by a registration form to obtain a password for any Restricted Areas (as defined below). Certain areas of the Site may be password-restricted to authorized users that become members (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and Account, and agree to notify Golf 4 Millions if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. Golf 4 Millions will never ask you for your password, so do not give it to anyone requesting it. You are responsible for activities that occur under your Account. You agree to immediately notify Golf 4 Millions of any unauthorized use of your Account or any other breach of security in relation to the Site known to you.
Each user will either select a username or allow Golf 4 Millions to automatically select a username at random. Additionally, users may form “teams” and such teams will be required to choose a team name. When you choose a username, team name or otherwise create a label that can be seen by other players using the events, you must abide by the following guidelines as well as the rules of common decency. If Golf 4 Millions finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the games.
In particular, you may not use any name:
1. Belonging to another person, including pop culture figures or celebrities, with the intent to impersonate that person, including without limitation a “Master” or any other employee or agent of Golf 4 Millions;
2. That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
3. Subject to the rights of any other person or entity without written authorization from that person or entity;
4. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
5. That is intended to inflame, trash-talk, or provoke a reaction from the community;
6. Taken from Golf 4 Millions’ products;
7. Related to drugs, sex, alcohol, or any criminal activity;
8. Comprised of gibberish (e.g., “Asdfasdf”, “Jjxccm”, “Hvlldrm”), URLs, spam, or anything that is intended to solicit other players for commercial purposes;
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.
Each user participating at Golf 4 Millions may have only one player Account. If you wish to create a new player Account, please contact us at info@golf4millions.com. If Golf 4 Millions determines that you have more than one Account, all Accounts created subsequent to the first Account may be automatically terminated without notice. Continued violation of the Terms & Conditions, including the creation of more than one player Account, may result in the termination of all of your player Accounts. Your Account is non transferable. You may not allow any other person to use your player Account to access Golf 4 Millions, participate in any tournament or game, or to accept any winnings related to your player Account.
SUBMISSIONS
You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you, and not Golf 4 Millions, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Golf 4 Millions shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant Golf 4 Millions a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that Golf 4 Millions agrees to use any personally identifiable information included in your Submissions in accordance with Golf 4 Millions’ Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO GOLF 4 MILLIONS.
POSTING ETIQUETTE
Golf 4 Millions asks that you respect our on-line community and other individuals. When posting Submissions to or otherwise using the Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, vulgar, sexually explicit, hateful, or otherwise offensive language or images.
- Impersonate or represent Golf 4 Millions, our staff, partners, affiliates, or other industry professionals.
- Solicit a member’s password or other Account information for any reason.
- Harvest user names, addresses, or email addresses for any purpose.
- Post any member’s real name, location, or any other personally identifiable information.
- Promote or conduct any illegal activity, including hacking or cracking, or violate copyright laws. The laws that apply in the offline world must be observed online as well.
- Upload viruses or corrupted data.
- Make commercial use of Golf 4 Millions, including distribution of advertising, chain letters, pyramid schemes, and spam.
- Improperly use support staff or make false reports to staff members.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Site.
- Exploit any bug in the Site to gain unfair advantage in the events and communicate the existence of any such bug.
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Golf 4 Millions to monitor or remove any Submissions or other information submitted by you or any other user.
You hereby agree to waive any claims against Golf 4 Millions and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than Golf 4 Millions. Golf 4 Millions may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Golf 4 Millions’ discretion, Golf 4 Millions will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
TERM AND TERMINATION
Golf 4 Millions reserves the right to terminate your access to your Account, your ability to access and post to the Site or to receive the services with or without cause and with or without notice, or for any action that Golf 4 Millions determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND GOLF 4 MILLIONS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SITE AND SERVICES ON THIS SITE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR EVENTS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Golf 4 Millions reserves the right to stop offering and/or supporting the Site or a particular event or part of the service on this Site at any time, at which point your license to use the Site and services or a part thereof will be automatically terminated. In such event, Golf 4 Millions shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Site or services.
Termination of your Account can include disabling your access to the Site and services or any part thereof including any content you submitted or others submitted.
You may cancel any account registered to you at any time by following the instructions on www.golf4millions.com.
BETA TESTS
Should you become a participant in a beta test for new events and/or contests, services and programs, your participation as a beta tester is subject to the following terms and conditions. As a beta participant, you hereby agree that you are not a member of the press or other media entity.
PRIVATE BETA TESTS:
Closed beta tests are confidential. The beta services and programs and any related features and functionality are confidential. If you participate in a closed beta test, you will safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta services and programs, including blogging and taking screen shots. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the beta game, or remove any proprietary notices or labels. You will carry out the testing personally and not provide access to beta services and programs to any other person unless expressly requested to do so by Golf 4 Millions. You agree that breach of the above confidentiality obligations will cause irreparable harm to Golf 4 Millions, and Golf 4 Millions is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the services and programs confidential will continue until Golf 4 Millions publicly distributes, or has otherwise disclosed to the public through no fault of yours, the particular games and the content that you are testing.
ALL BETA TESTS (PRIVATE AND PUBLIC):
(1) As a beta tester, you are invited to use beta programs and services for the sole purpose of evaluating the programs and services and identifying errors. Nothing in these Terms, or on the Site, shall be construed as granting you any rights or privileges of any kind with respect to the beta programs and services or content that you find here. The beta programs and services are provided for testing on an “as is” “as available” basis and we make no warranty to you of any kind, express or implied.
(2) When using some beta programs and services, you may accumulate rankings, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular program and service completes this testing phase. In this case, all member history and data will be erased and each member will return to original status.
(3) By starting a beta game, you agree that: (i) testing beta programs and services is at your own risk and that you know that the programs and services may include known or unknown bugs, (ii) any value or status indicators that you achieve through programs and services may be erased at any time, (iii) Golf 4 Millions has no obligation to make these programs and services available, (iv) Golf 4 Millions’ Terms & Conditions apply to your use of the games during the testing phase, and (v) if it is a private beta test, you will keep all information about the beta programs and services confidential as stated above and not disclose such information to any other person.
(4) Beta Test accounts are non-transferable under any circumstances.
By using all or part of this Site, you consent to receiving electronic communications from Golf 4 Millions and its partners and affiliates. These electronic communications may include notices about transactional information and other information concerning or related to our Site and/or our services. These electronic communications are part of your relationship with Golf 4 Millions and you receive them as part of your use of the Site and/or our services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you pay a donation in the form of an entry fee to participate in a challenge or game that is serving as a benefit for a charitable organization, you acknowledge and agree that Golf 4 Millions is not providing tax advice to you and that you are expected to rely on your own tax advisor as to the deductibility of such entry fee as a charitable contributions.
TRADEMARKS AND COPYRIGHTS
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Golf 4 Millions or others used on this Site are the property of Golf 4 Millions or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of Golf 4 Millions or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Golf 4 Millions Events, Inc., Copyright ©, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
COPYRIGHT AGENTS
Golf 4 Millions respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide Golf 4 Millions’ copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- 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 owner or authorized to act on the copyright owner’s behalf.
Golf 4 Millions’ agent for notice of claims of copyright infringement on this Site can be reached as follows:
By email: barbh@golf4millions.com
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Golf 4 Millions and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site or breach of these Terms.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Golf 4 Millions, and agree that Golf 4 Millions does not warrant the accuracy or timeliness of the Materials and further agree that Golf 4 Millions has no liability for any errors or omissions in the Materials, whether provided by Golf 4 Millions or its licensors.
Golf 4 Millions assumes no responsibility for: (i) events or tournaments that are interrupted for any reason including, but not limited to, the malfunction of computer equipment or data; (ii) activity on member accounts as a result of lost or stolen Account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by Golf 4 Millions, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in Golf 4 Millions or by any technical or human error which may occur in the processing of information you provide on the Site.
Golf 4 Millions also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
The conditions in the event (wind, ground conditions, green speeds) may vary during play. Golf 4 Millions assumes no responsibility, and shall not be liable for, any outcome of a game or tournament due to these conditions.
Although Golf 4 Millions intends to make the Site available 24 hours per day, seven days per week, there can be no assurance that the Site will be available without interruption. Golf 4 Millions reserves the right to cancel, terminate or suspend the Site in whole or in part at any time.
GOLF 4 MILLIONS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
ACKNOWLEDGEMENT
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE BOOKING SOFTWARE MAY MONITOR YOUR COMPUTER’S PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE BOOKING SOFTWARE, AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY “BOT” OR “SPIDER” THAT IN GOLF 4 MILLIONS’S SOLE DETERMINATION ENABLES OR FACILITATES CHEATING OF ANY TYPE OR ALLOWS USERS TO MODIFY OR HACK THE BOOKING SOFTWARE.
LIMITATION OF LIABILITY
BY PARTICIPATING IN A CHALLENGE OR ANY EVENT OR PROGRAM OFFERED ON THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT THE ABILITY TO USE AND ACCESS THE SITE INVOLVES TRANSMISSIONS OVER VARIOUS NETWORKS AND THAT SUCH ABILITY MAY BE IMPACTED BY THE TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. GOLF 4 MILLIONS IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSMISSION OF INFORMATION, FOR PROBLEMS RELATED TO ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE SITE, AN EVENT OR PROGRAM, OR A CHALLENGE, FOR ANY HUMAN ERROR, FOR ANY INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION, FOR PROBLEMS RELATING TO COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE SITE OR YOUR ONLINE SERVICE, OR FOR ANY OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
NEITHER GOLF 4 MILLIONS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF GOLF 4 MILLIONS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL
Golf 4 Millions controls and operates this Site from its headquarters in Canada and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Ontario law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Toronto, Ontario. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Golf 4 Millions to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Golf 4 Millions in writing. The Terms comprises the entire agreement between you and Golf 4 Millions and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.