Terms Of Use

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

4. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity;

5. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

6. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

7. Impersonates any person or entity, including any of our employees or representatives;

8. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

9. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other members of the Site;

11. Creates or may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person, or to any animal;

12. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

13. Includes a photograph of another person that you have posted without that person’s consent.

Your Golf Boost profile also may not include any of the above content or photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Golf Boost profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Golf Web Academy assumes no responsibility or liability for this material. If you become aware of misuse of the Site or the services provided on the Site by any person, please contact us or click on the “Report Inappropriate Content” link at the bottom of any Golf Boost profile page. Golf Web Academy reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.

The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the services on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. Transmitting any chain letters or junk email to other members of the Site. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any member of the Site without their prior explicit consent. If you send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to Golf Web Academy, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Golf Web Academy $100 for each such unsolicited e-mail or other unsolicited communication you send through the Site;

3. Covering or obscuring the banner advertisements on your personal profile page, or any Golf Web Academy Inc. page via HTML/CSS or any other means;

4. Any automated use of the system, such as using scripts to add friends or send comments or messages;

5. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;

6. Attempting to impersonate another member of the Site or any other person;

7. Using the account, username, or password of another member of the Site at any time or disclosing your password to any third party or permitting any third party to access your account;

8. Selling or otherwise transferring your profile;

9. Attempting to decipher, decompile, disassemble or reverse engineer software used to provide the Site or any services on the Site;

10. Using, displaying, mirroring, or framing the Site, any individual element of the Site, our name, trademark, logo, or other proprietary information or the layout and design of any page, without our express written consent;

11. Accessing, tampering, or using non-public areas of the Site, our systems, or the technical delivery systems of our providers;

12. Using any information obtained from the Site in order to harass, abuse, or harm another person;

13. Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on your profile, posting in forums or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “friends,” or sending private messages with a commercial purpose; or

14. Using the Site in a manner inconsistent with these Terms of Use, our Privacy Policy, or any and all applicable laws and regulations.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

This Site may link you to other sites on the Internet or otherwise include content, information, documents, software, materials and/or services provided by other parties (“Third Party Materials”). These Third Party Materials are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Third Party Materials, nor are we responsible for errors or omissions in the Third Party Materials or any references to the Third Party Materials or to other parties or their products and services. The inclusion of such Third Party Content is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Materials by us, or any warranty of any kind, either express or implied

Copyright © 2024 Golf Web Academy Inc.

All Rights Reserved.

For purposes of these Terms of Use, “Content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all Content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Golf Web Academy and/or its Affiliates. You are only permitted to use the Content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Golf Web Academy or its Affiliates.

Certain of the ideas, software and processes incorporated into that is available on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to store, copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such communications and materials (including any pictures or video clips you upload on the Site) for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on the Site.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately.

To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. 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, agent, or the law; and

6. 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 infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.