TERMS OF USE
Updated: May 1, 2013
1. DEFINITIONS.
“www.tpc.com” is the interactive on-line service operated by PGA TOUR Golf Course Properties, Inc. (“GCP”) on the World Wide Web of the Internet, consisting of information services and content provided by GCP, PGA TOUR, Inc., their affiliates, and other third parties. These Terms of Use are applicable to the website(s) located at the domain “www.tpc.com” and other TPC-branded sites and platforms operated by GCP or which post a link to these Terms of Use (collectively, the “Site(s)”). “You” means each person who establishes a connection to the Site for access to and use of the Site. Any use of the Site in connection with your employment constitutes a representation and warranty that you have the authority to bind your employer to these Terms of Use.
2. GENERAL.
(A) GCP encourages parents and guardians to spend time with their children online and to be fully familiar with the sites visited by the children in their care. The Site is not intended for use by people under the age of thirteen (13). If you are under the age of eighteen (18), you should not participate in contests or sweepstakes or other promotional opportunities on the Site, nor should you post information to the Site without a parent or guardian’s consent.
(B) These Terms of Use set forth the terms and conditions that apply to your use of the Site. By using the Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use the Site is personal to you and is not transferable to any other person or entity. You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.
(C) GCP shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by GCP or the practices of parties other than GCP who operate sites that may be linked to or from the Site, such as www.PGATOUR.COM and www.activegolf.com.
3. CHANGED TERMS.
GCP shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which GCP may publicize notice thereof. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes or modifications.
4. EQUIPMENT.
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. REGISTRATION OBLIGATIONS.
If you register with the Site, you agree to provide true, accurate, current and complete information about yourself. GCP has the right to suspend or terminate access and refuse any and all current or future use of the Site (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if GCP reasonably suspects that you have provided untrue, inaccurate, or incomplete information.
6. CONDUCT.
(A) You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without GCP’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in GCP’s discretion restricts or inhibits any other individual from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with the Site.
(B) You shall not use or permit or facilitate others to use the Site by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through the Site, including without limitation real time scoring, video, audio, statistics, polling, or data content, whether current or archival.
(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
(D) Any gaming features that we make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using the Site to gamble or wager on the result of any tournament. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Site with or without notice to you. Notwithstanding any other provision of this Agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of these Terms of Use.
(E) You shall not collect or store personal data about other users of the Site.
(F) You shall not create a frame, browser or border around any of the content of the Site or link to the Site without GCP’s prior express written permission (except that you may use a plain text-only link to the home page of the Site, which link does not in any way imply a sponsorship or affiliation with the Site, GCP, a TPC, PGA TOUR, or any of their affiliates.
(G) The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under United States copyright laws. PGA TOUR, Inc. and GCP own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GCP and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(H) You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted, GCP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant GCP the right to edit, copy, publish and distribute any material you make available on the Site. The foregoing provisions of Section 7 are for the benefit of GCP, its parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(A) YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER GCP, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(B) NEITHER GCP, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
(C) YOU AGREE THAT NEITHER GCP, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. MONITORING.
GCP shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GCP and to satisfy any law, regulation or authorized government request. GCP shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, GCP shall have the right to remove any material that GCP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless GCP, its parent company, and their respective affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or any third party.
10. TERMINATION.
Either GCP or you may terminate your access to and/or use of the Site at any time. Without limiting the foregoing, GCP shall have the right to immediately terminate your access and/or use of the Site in the event of any conduct by you which GCP, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 8, 10, 14 and 16 and this Section 11 shall survive termination of this Agreement.
11. LICENSED TRADEMARKS AND CONTENT.
PGA TOUR, TPC, SHOTLINK and the SWINGING GOLFER LOGO are trademarks of PGA TOUR, Inc., used here under license. All data from the ShotLink scoring system is also used under license from PGA TOUR, Inc. All rights are reserved by the respective rights holders. All other trademarks appearing on the Site are the property of their respective owners.
12. THIRD PARTY CONTENT.
GCP is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, GCP has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of the Site, are those of the respective author(s) or distributor(s) and not of GCP. Neither GCP, its parent companies or affiliates, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, you, or other user not under contract with GCP. Neither GCP nor its parent companies or their affiliates endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized GCP or PGA TOUR, Inc. employee spokespersons while acting in their official capacities. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. The Site may contain links to other third party web sites or resources. GCP has no control over such sites and resources, and you acknowledge and agree that GCP bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss 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 third party web site or resource.
13. PRIVACY POLICY.
Please refer to http://www.tpc.com/tpc/courses/tpc.asp?id=53&page=1900 for information on how GCP collects, uses, and discloses your personal information.
14. COPYRIGHTS AND COPYRIGHT AGENT.
GCP respects the rights of all copyright holders and, in this regard, GCP has adopted and implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GCP’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GCP to locate the material; (iv) Information reasonably sufficient to permit GCP to contact the complaining party; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, GCP, [email protected]. For web posting, reprint, transcript or licensing requests for GCP material, please contact [email protected]. For any questions or requests other than copyright issues or licensing requests, please contact [email protected].
15. MISCELLANEOUS.
This Agreement and any operating rules for the Site established by GCP constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws rules. You and GCP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. John’s County, Florida. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. In the event a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, the court should give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms of Use shall remain in full force and effect. You must file any claim or cause of action arising out of or related to use of the Site or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred. All rights not expressly granted to you herein are hereby reserved to GCP and its affiliates.