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Terms of Use

PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING PLAYGOLFPLANET.COM (“WEBSITE”). ACCESS TO AND USE OF THE WEBSITE IS PROVIDED TO THE USER (“YOU”) BY PLAYGOLFPLANET, LLC (“PLAYGOLFPLANET.COM”), SUBJECT TO YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.



Welcome to PlayGolfPlanet.com. PlayGolfPlanet.com is revolutionary business-to-consumer network which brings Golfers and Golf Courses together under an interactive platform that provides a one-stop-shop for Golfers and a complete interactive marketing solution for Golf Courses.



1. Acceptance of Terms of Use. By using the Website, or accessing any information on the Website, You agree to these Terms of Use. If You do not agree to the following Terms of Use, do not use the Website, post material of any type to the Website or download any materials from the Website. These Terms of Use constitute the entire and only agreement between us and You regarding Your use of the Website. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to Your use of the Website or its content, and the subject matter of these Terms of Use, are specifically disclaimed. These Terms of Use may be amended at any time by us without notice to You. These Terms of Use will be updated periodically and You should review these Terms of Use prior to using the Website, and again from time to time when You return to the Website.



2. Use of the Website. As a condition of Your use of this Website, You warrant that (i) You are at least 16 years of age, (ii) You possess the legal authority to create a binding legal obligation, (iii) You will use this Website in accordance with these Terms of Use, (iv) all information supplied by You on this Website is true, accurate, current and complete, and (v) if You have an PlayGolfPlanet account, You will safeguard Your account information and will supervise and be completely responsible for any use of Your account by anyone other than You. PlayGolfPlanet retains the right, at our sole discretion, to deny access to anyone to this Website and the services that we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.



3. Copyright. The content on the Website, except all Submissions (defined below) is owned by or licensed to PlayGolfPlanet, subject to copyright and other intellectual property rights under the United States and international intellectual property laws and conventions. Content on the Website is provided for Your use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any purpose whatsoever.



4. Submissions. PlayGolfPlanet permits the submission of text, photographs, opinions, comments and/or other forms of communication submitted by You and other users ("Submissions") and the hosting, sharing and publication of such Submissions. You agree that You are solely responsible for Your own Submissions and affirm, represent, and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to use, and authorize PlayGolfPlanet to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions so as to use the Submissions in the manner contemplated by PlayGolfPlanet on the Website. [You retain all ownership rights in Your Submissions and You agree to indemnify us for any damage, loss or expense incurred by us in connection with an actual or alleged infringing use of Your Submission. However, by submitting the Submissions to PlayGolfPlanet, You hereby grant PlayGolfPlanet a non-exclusive, irrevocable, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Website and PlayGolfPlanet’s business related thereto, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels/outlets.] [Kenny: The alternative is to simply state that by broadening Submissions to the Website, the user transfers all rights to PlayGolfPlanet. That is simpler, but may not fit your “community site” objectives.] PlayGolfPlanet does not permit or allow copyright infringing activities and/or infringement of intellectual property rights on the Website, and PlayGolfPlanet will remove any and all content and Submissions if properly notified that such content and/or Submission infringes on another's intellectual property rights. PlayGolfPlanet reserves the right to remove content and submissions without prior notice.



5. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information (see 17 U.S.C. 512 (c)(3) for further detail):

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b)Description of the copyrighted work that You claim has been infringed;

(c) A description of where the material that You claim is infringing is located on the Website;

(d) Your address, telephone number, and email address;

(e) 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; and

(d) 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.

Our Copyright Agent for notice of claims of copyright infringement on the Website is __________________, who can be reached by mail at __________________; email: _______________.



6. Trademarks. All trademarks and trade names used on the Website are trademarks and/or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by You of any third party marks is strictly prohibited. The copying, redistribution, use or publication by You of any of our marks is strictly prohibited, without the express prior written consent of PlayGolfPlanet.



7. Limited Right to Use the Website.

(a) You may view, print or download any content, graphic, form or document from the Website so long as such activity is for Your own personal and non-commercial use. You may not modify, copy, transmit, display, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of materials or content from the Website. No part of any content, form or document accessible at the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use. Such personal use may include subsequent Submissions to the Website, subject to the applicable terms of Sections 2 and 3 hereof. The authorization granted does not include any transfer of title.

(b) Your activities on the Website shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing libel, obscenity, defamation, pornography, harassment, civil liability, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject the Website to any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of its ISPs or other suppliers.

(c) Without our express prior approval, You shall not post or transmit through the Website any material which contains advertising or any solicitation with respect to products or services of third persons. You shall not use the Website to advertise or perform any commercial solicitation for, or on behalf of third persons, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with PlayGolfPlanet.

(d) You agree that by using the Website, You will be exposed to Submissions from various sources, and that PlayGolfPlanet is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that You may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal and equitable rights or remedies You have or may have against PlayGolfPlanet with respect thereto, and agree to indemnify and hold PlayGolfPlanet, its owners/operators, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.

(e) Failure to comply with these Terms of Use may result in a termination of, change to, or suspension of Your access to the Website at any time, without notice. PlayGolfPlanet reserves all rights to allow use of the site and may change these rights at any time, without notice.

(f) PlayGolfPlanet reserves the right, in our sole discretion and judgment, and without liability of any kind to You, to terminate, change, or suspend Your access to the Website for any reason, at any time, without notice.



8. Editing, Deleting and Modification. PlayGolfPlanet has the right, but not an obligation, in our sole discretion, to refuse to post, modify or remove any material submitted to or posted on the Website, including Your Submissions, and to terminate, change, or suspend any aspect of the Website at any time. Without limiting the foregoing, PlayGolfPlanet has the right to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.



9. Indemnification. You agree to indemnify, defend and hold harmless PlayGolfPlanet, its affiliates, and directors, officers, employees, and agents from any liability, loss, claim and expense, including without limitation, reasonable attorney's fees, related to Your violation of these Terms of Use, Your use of the Website, and/or Your Submissions.



10. No Warranty and Disclaimer of Liability.

(a) THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THE WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND MATERIALS PROVIDED IN THE WEBSITE ITSELF MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS (“DEFECTS”), NOTWITHSTANDING, PLAYGOLFPLANET’S BEST EFFORTS TO IDENTIFY AND CORRECT SUCH DEFECT. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR ANY INFORMATION OR MATERIALS PROVIDED IN THE WEBSITE.

(b) NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. FURTHER, AND WITHOUT LIMITATION, NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.

(c) YOU ACKNOWLEDGE THAT THE WEBSITE AND THE INFORMATION PROVIDED IN THE WEBSITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.



11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. Neither we nor our affiliates shall be liable to You for any damages, including without limitation, indirect, special, incidental, or consequential damages, that may result from any violation of the Privacy Policy.



12. Links to Third Party Web Sites. The Website may contain links to other web sites, including links for Your review and/or comment, as a convenience to You. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the content, accuracy or opinions expressed in such web sites, and we have not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any linked web site on the Website does not imply approval or endorsement of the linked web site by us. If You decide to leave the Website and access these third-party sites, You do so at Your own risk.



13. Information and Press Releases. The Website contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.



14. Miscellaneous. These Terms of Use and the agreement created by Your acceptance of them through Your use of the Website shall be treated as though executed and performed in the State of Florida, and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). PlayGolfPlanet does not make any representations or warranties regarding the use of or access to the Website outside of the United States and You are responsible for compliance with all applicable laws when using the Website. Any cause of action by You with respect to the Website (and/or any information or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party.



15. Jurisdiction and Venue. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in state or federal courts located in the State of Florida. You expressly submit to the exclusive jurisdiction of said courts and consent to service of process on You wherever PlayGolfPlanet locates You or in any location where a Court has personal jurisdiction over you sufficient to issue process. Should any part of these Terms of Use be held invalid or unenforceable, the remaining portions of these Terms of Use shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.



© 2009 PlayGolfPlanet, LLC. All rights reserved.