TERMS OF SERVICE AGREEMENT

 
GolfPlanet.net (hereinafter, also referred to as ‘Website’) is owned, operated and managed by 24seven ehf (hereinafter, also referred to as ‘Company’ or ‘We’ or ‘Our’ or ‘Us’ and similar derivatives), a company incorporated in Iceland, having its offices at Heiðarvegi 9, 900 Vestmannaeyjar, Iceland.
 
GolfPlanet.net offers an online platform for the golfers, clubs, professionals, golf organizations and advertisers to interact in a social media environment. The Website also offers a host of services for the golfing enthusiasts including, but not limited to, a platform to buy golfing-related equipment and accessories, rate golf courses around the world, upload pictures and videos related to their golfing experience, advertise their offerings online, etc.
 
By using any of the services offered by this Website, the users (hereinafter, also referred to as ‘You’ or ‘Your’ or similar derivatives) hereby agree to be legally bound by the provisions of this Terms of Service Agreement (hereinafter, referred to as the ‘Agreement’) and any dispute arising thereby will be subject to the laws and jurisdiction of the Courts in Iceland.
 
If You find any of the provisions contained hereunder unacceptable, You are requested to immediately cease all the current as well as future usage of this Website.
 
Important Note: (1) This Agreement is applicable not just to the users of this Website, but also to the users of Our other websites to which this Website links. All Our linked websites follow the style of www.golfin.net. For instance, www.golfinusa.net, www.golfinaustralia.net, etc.
(2) This Website may contain links to third party websites. We do not review, control or monitor the terms and conditions and privacy practices of any third party websites. Therefore, all Your communications or interactions with any third party websites, including those having links hosted on this Website, like promoters, advertisers, affiliates, partners, agents, etc., are governed by the privacy policy, terms of use, and other legal documents of such third party websites.
 

Changes to this Agreement

 
This Agreement, in Our sole discretion, is subject to modifications or alterations at any time. Any future change in this Agreement shall be electronically notified to the individual members on their email addresses provided during the registration process. Alternatively, We may display the changes as a prominent notice inviting Your attention on the Website itself. All such modifications shall come into effect immediately upon posting on this page. You are, therefore, advised to visit this page periodically to remain updated on the latest changes in this Agreement.
 

Eligibility

 
This Website is not meant for use by children less than thirteen (13) years of age. Membership in the service is void where prohibited. By using/viewing/accessing this Website, You represent and warrant that –
1. You have the right, authority, and capacity to enter into this Agreement;
2. You shall abide by all the terms and conditions laid out hereunder;
3. You are more than 13 years of age;
4. You will not promote/exhibit any kind of obscenity on the Website either directly or indirectly; and
5. Your use of this Website shall not violate any applicable rule, regulation, law, byelaw, or treaty.
 

Term and Termination

 
The term of this Agreement is the duration of your usage of this Website either as a registered member or a user or a visitor or in any other capacity that entails availing any of the services offered on this Website.
 
The membership of this Website can be terminated by the members at any time by sending a written request to the Company.
 
The Company reserves the right to terminate the membership of any member at any time in the following events:
(a) If We believe in Our sole discretion that You have violated this Agreement or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of this Website, Our users, or any other person;
(b) If We receive any requisition to this effect from any law enforcement or other government agencies;
(c) If Your account has extended periods of inactivity, to be determined at Our sole discretion.
 
Even after such termination of Membership, the relevant provisions of this Agreement shall remain in effect.
 

Privacy

 
We have drafted a Privacy Policy in order to inform You on the collection, usage, protection, and disclosure of personal and non-personal information gathered by this Website. Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. You are requested to read Privacy Policy on this page and consent to the provisions contained therein.
 

Account and Password

 
Every registered member of this Website is assigned a unique Username and a Password in order to access the services offered to the members by this Website. You shall be solely responsible and liable –
1. for maintaining the confidentiality and safety of Your password;
2. for any disclosure of Your password to any third party;
3. for using the account, username, or password of another member, at any time;
4. for all uses of Your account, whether authorized or unauthorized; and
5. to notify the Company immediately, if You suspect any unauthorized use of Your account or access to Your password.
 
You may authorize the Company to refuse to accept any further orders or instructions placed from your account. The Company will use commercially reasonable efforts to block all such orders.
 

Subscription

 
The services offered on this Website are either “free” or “paid-for” or “on-trial basis”. The “free” services do not require any subscription fee to be paid by the users to the Company. The “on-trial basis” services shall require certain amount of fee to be paid in order to continue receiving uninterrupted services that were being accessed free of charge for a fixed period of time. The “paid-for” services require the users to pay certain pre-determined charges in order to avail such services.
 
The “on-trial basis” service(s) users shall be subject to the following general terms and conditions:
1. You must provide Us with a valid credit card in order to begin Your free trial period.
2. At the expiry of the trial period, Your subscription will automatically continue and We will charge your credit card on file for the cost of the term.
3. If, however, during the trial period, You do not wish to subscribe to the Website, You may cancel Your subscription by managing Your account on the Website.
 
The “paid-for” service(s) users shall be subject to the following general terms and conditions:
1. By subscribing to the Website, You agree to pay the Company an annual subscription fee at the prevalent subscription rate.
2. Your subscription shall be valid for the specified period starting from the date of purchase or activation, whichever is later.
3. For Your convenience and to ensure that Your access to the “paid-for” service(s) remain(s) uninterrupted, We will automatically renew Your subscription(s) at the expiration of the prevalent term, unless instructed otherwise by You.
4. If You opt to pay for the subscription with Your credit card, We will charge Your credit card on file for the cost of another term at the prevalent rate using the information You provided us by phone or through this Website.
5. No notification shall be sent to any member in advance relating to the impending renewal.
6. Once Your “on-trial basis” period expires or You activate or renew Your subscription, You may not cancel your subscription during the remainder of the prevalent term and We shall not be obligated to issue any refund.
7. If You wish to cancel automatic renewal(s), You may do so by opting out of auto-renewal by managing Your account.
 
No member whose Membership is terminated for violation of any of the provisions contained in this Agreement shall be entitled to the refund of any unused portion of subscription fees.
 

Content and License

 
We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, feedback ratings, reviews, forum postings, messages, or any other materials (collectively, “Content”) that are posted by You on the Website. After posting the content, You continue to retain all the ownership rights in such Content, and shall have the exclusive right to use that Content in any way You chose.
 
By posting any Content on this Website, You hereby grant Us a worldwide, non-exclusive, fully paid, royalty-free, sub-licensable, limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through this Website. This limited license enables the Company to provide efficient services to the members without hinging on their proprietary rights. We might use this limited license, for instance, to digitally compress music files that members submit or otherwise format Content to satisfy technical requirements.
 
This limited license does not grant the Company any right to sell or distribute Your Content outside of Our network of websites.
 
This limited license terminates the moment You remove the posted Content from the Website.
 
This Website also contains Content belonging to the Company, which is protected by copyright, trademark, patent, trade secret and other national and international intellectual property laws. The Company owns and retains all rights in such Content. Except as expressly provided in this Agreement, neither the Company nor any third party has conferred upon You by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right. The Company hereby grants You a limited, revocable, non-transferable, and non-sub-licensable license to reproduce and display such Content (excluding any software code) solely for Your personal use in connection with viewing the Website and using the Website services.
 

Special Provisions Pertaining to User-submitted Content

 
By becoming a member of this website, You represent and warrant that –
1. You own the Content posted by You on this website or otherwise have the right to grant the license set forth in the previous section;
2. the posting of Your Content on this website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other proprietary rights of any person;
3. You may pay all royalties, fees, and any other amount owing to any person by reason of any Content posted by You on this Website; and
4. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on this Website, except the Content posted by You.
 
The Company reserves the right to delete any Content that violates this Agreement or which, in the sole judgment of the Company, may be offensive, illegal or violate the rights, or harm, or threaten the safety of any person.
 
We assume no responsibility for monitoring the user-submitted Content on this Website for inappropriate Content or conduct. However, We reserve the right to exercise Our discretion at any time without assigning any reason whatsoever to monitor the user-submitted Content on this Website. Notwithstanding anything to the contrary contained hereunder, the Company assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
 
The Company encourages the users of this Website to use the feedback ratings system judiciously without offending any fellow member. As a consequence of the abovementioned disclaimers, We shall not be held responsible for any kind of comments, reviews, ratings, feedback, etc. left by the users of this Website for other members.
 

Acceptable Use Policy (AUP)

 
The following is a non-exhaustive list of the kind of Content that shall be considered illegal or prohibited, in the sole discretion of the Company, and strictly prohibited to be posted on the Website. The prohibited Content is defined as the Content that –
• is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• harms or involves minors (those under the age of 18 years) in any way;
• provides any personal information relating to the telephone numbers, street addresses, last names, URLs or email addresses;
• tries to impersonate any person or entity or falsely state or otherwise misrepresent member’s affiliation with a person or entity;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party, such as pirated music and/or links to pirated music and/or movies and/or software;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;
• transmits or otherwise makes available any material that contains software viruses or any other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
• interferes with or disrupts Our servers or networks, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
• provides instructional information about illegal activities such as making or buying illegal weapons;
• otherwise violates someone’s privacy;
• uses any robot, spider, other automatic device, or manual process to monitor or copy the web pages or the Content on the Website without Our prior expressed written permission; and
• intentionally or unintentionally violates any applicable local, state, national or international law and any regulations having the force of law.
 

Promotions

 
The Company offers no promotion on the Website, unless the promotion material explicitly states so. You understand that the respective members on the Website shall be solely liable for their promotions on the Website and that the Company shall not be liable for such member promotions. You also agree to comply with all terms of a promotion.
 
Note: Some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during Your visit to the Website. The Company reserves the right to withdraw or refuse to honor any promotion that has been altered or modified - other than by the Company.
 

Member Disputes

 
The members shall be solely responsible for their interactions with fellow members of this Website. We reserve the right, but have no obligation, to monitor disputes between the members.
 
Because the nature of dispute involves the members inter se, You release the Company, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 

Indemnity

 
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content You submit, post, transmit or make available through this Website, Your use of this Website, Your connection to this Website, Your violation of this Agreement, Your violation of any rights of another, or any other loss suffered by the Company on account of Your direct or indirect conduct.
 

Limitation of Liability

 
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR ACCESSING THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP.

Interruptions in Service

 
The Company reserves the right to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice, at any time and from time to time. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of this Website.
 

Advertisers

 
We disclaim Your communications or subsequent transactions with the advertisers or promoters found on or through this Website, including payment and/or delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings. You agree that We shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.
 

Other Disclaimers

 
• We shall not be responsible for any incorrect or inaccurate Content posted on the Website, whether caused by users of the Website or by any of the equipment or programming associated with the Website.
• The profiles created and posted by the members on this Website may contain links to other websites. We shall not be responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company.
• The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.
• Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by the Company. When You access these third-party sites, You do so at your own risk. We assume no responsibility for third party advertisements that are posted on this Website, nor do We take any responsibility for the goods or services provided by the advertisers on this Website.
• The Company shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website.
• We shall not be responsible for the conduct, whether online or offline, of any user of this Website.
• Under no circumstances shall We be liable for any loss or damage, including personal injury or death, resulting from use of this Website, attendance at a Company event, from any Content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.
• The Website are provided on an “as is and as available” basis and the Company disclaims any warranty of fitness for a particular purpose or non-infringement.
• We cannot and do not guarantee any specific results from the use of this Website.
• No advice or information, whether oral or written, obtained by You from Us or through or from this Website shall create any warranty not expressly stated in this Agreement
 

Jurisdiction
 

All the disputes arising out of or related to these Terms of Use Agreement and/or Your relationship with this Website and/or Your use of this Website shall be subject to the laws of Iceland, without regard to the conflict of law provisions. Either the Company or You may demand that any dispute arising between You and the Company about or involving the Website services must be settled by arbitration utilizing the applicable dispute resolution procedures, provided that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.
 

Miscellaneous
 

This Agreement constitutes the entire agreement between You and the Company regarding the use of the Website.
 
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
 
The Section Titles in this Agreement are for convenience only and have no legal or contractual effect.
 
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
 

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