Please note that you are concluding a legal binding Agreement.
By accessing, viewing, downloading or otherwise using our Website or any webpage or feature available through our Website, or by clicking “Register” during the registration process, you conclude a legally binding agreement with LPG based on the terms of this Agreement and become a Website user (“User”). If you are using our Website on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use any Website webpage, information or services.
By becoming a User, you acknowledge that you have read and understood our terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
© 2013 LivePlay Golf Ltd. All rights reserved
1. DESCRIPTION OF SERVICE
Our Website is providing the User with a website and live golf scoring. The User must provide (a) all equipment necessary for their own Internet connection, including a handheld device, mobile phone, computer and modem and (b) provide for the User’s access to the Internet, and (c) pay any fees relate with such a connection.
Except as explicitly permitted by this Agreement, no design elements of the Website nor any text, photos, graphics materials and/or other information provided on the Website (collectively, the "Materials") may be copied, reproduced, modified, published, broadcast or redistributed directly or indirectly in any manner or medium whatsoever without the prior written consent of LPG. Permission may be withheld for any reason or no reason at all. All Materials provided on our Website are either owned by or licensed to LPG. LPG and its licensors retain all intellectual property and proprietary rights to the Materials. Neither the Materials nor any portion thereof may be used by any person or entity for commercial use.
The Website and the Materials are intended for customers of LPG. You may not use the Website or the Materials for any purpose not related to your business with LPG. Any use of the Website or the Materials or any of its functionality for a purpose not permitted by this Agreement is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted to you by LPG for use of the Website.
3. LICENSE AND WARRANT YOUR SUBMISSIONS
You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform LPG in the event that any such information has changed since your registration with the Website and, if appropriate, you agree to make such modifications yourself to your profile.
Prior to joining the Website, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of the Website Users and to LPG and you must not communicate to the Website, its Users and LPG any information the dissemination of which could be harmful to you.
4. PROHIBITED USES AND CONDUCT
LPG may offer you an opportunity to transmit Materials or other information through the Website. You shall be responsible for, and shall assume all liability with respect to, any Materials or other information you transmit through the Website.
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by LPG in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to: (1) use any incomplete, false or inaccurate biographical information or other information; (2) delete or revise any material or other information of any other user of the Website; (3) harvest, collect or send information about other users without their consent; (4) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (5) allow any other person or entity to use your username or password; (6) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or (7) access data not intended for you or log into a server or account that you are not authorised to access.
LPG may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability.
We reserve the right to allow, deny or rescind permission to link to the Website from any other website, and to require termination of any link to the Website, for any reason whatsoever, in our sole and absolute discretion.
The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of LPG, and LPG is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. LPG provides Linked Websites to you only as a convenience, and the inclusion of any such Linked Websites is not an endorsement by LPG in favour of any company offering products or services on the Linked Websites.
You are required to comply with all applicable rules, regulations and laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from LPG. As a condition of your use of the Website, you represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
7. REGISTRATION, USERNAME, PASSWORD AND SECURITY
Your username and password will be your identity for purposes of interacting with the Website. You shall keep your username and password confidential, shall not disseminate this information, and shall use your username and password solely in accordance with this Agreement. You shall immediately notify LPG if you learn of or suspect: (1) any loss or theft of your username or password; or (2) any unauthorised use of your username or password or of the Website. In the event of such loss, theft or unauthorised use, LPG may impose on you, in LPG's sole discretion, additional security obligations.
If any unauthorised person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform LPG thereof. You shall also cooperate and assist in any investigation relating to any such unauthorised access.
9. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED "AS IS." LPG SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. LPG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE WEBSITE. LPG DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LPG DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE WEBSITE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY LPG OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL LPG OR OUR COMMONLY OWNED OR CONTROLLED AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MATERIALS, THE WEBSITE, OR ANY WEBSITE LINKED TO THE WEBSITE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE MATERIALS, THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF LPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LPG’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold LPG and its commonly owned or controlled affiliates, as applicable, and their respective officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable legal fees) arising out of or resulting from: (i) your use of the Website or Materials; (ii) Materials you submit, post to or transmit through the Website; (iii) any actual or alleged breach by you of this Agreement; and/or (iv) your violation of any rights of another.
12. JURISDICTION IN THE UK
The Website is operated in the UK. We do not represent that content or Materials presented on the Website are appropriate or available for use in other jurisdictions. If you access the Website from a jurisdiction other than in the UK, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Website.
13. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and LPG and governs your use of the Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LPG. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable rules, regulations and laws to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by our posting on the Website changes to this Agreement or by a subsequent writing signed by LPG.
14. NO WAIVER
The failure of LPG to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment or agency relationship exists between you and LPG as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of LPG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by LPG with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. CHANGES TO THIS AGREEMENT
Your acceptance of this Agreement provides you with a limited right to access and use the Website. LPG reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited right to use the Website granted to you under this Agreement by LPG. The provisions of this Agreement will survive the termination of your access to the Website and of this Agreement.
Notices to LPG by conventional mail should be sent to: LivePlay Golf Ltd., 63 Station Road, Harpenden, Hertfordshire AL5 4XF, United Kingdom, Attn: Sales and Marketing Director. Notices by a user to LPG will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorised officer of LPG.
1. TYPES OF INFORMATION THAT ARE COLLECTED
The following types of information are collected:
Information You Provide To Us: In the course of registering, we ask you to provide us with certain required information, including contact information, such as your name and email address; unique identifiers, such as your username and user password; demographic information, such as your date of birth, country and gender. In addition, we also ask you to provide us with optional information such as golf handicap, mailing address including County/country and zip/post code, and phone number or other similar information.
Email Communications: When you open emails from us, we may receive a confirmation noting you opened the email, if your computer supports such capabilities. We also may keep track of what emails we send you. Additionally, we keep a record of what communications you have opted to receive or not to receive.
2. HOW INFORMATION MAY BE COLLECTED
We may collect information from you in several different areas on the Websites, including but not limited to those described below:
Registration: In order to become a registered user (“User”), you must complete a registration form and provide personally identifiable information (see section 1 above); you must also choose a username and password.
Once you become a User: You may provide additional information in the Profile section describing your scoring, profile picture, company logos and scoring statistics. Providing additional information beyond what is required at registration to become a User is entirely optional, but enables you to better identify yourself and leverage your Golf Score LIVE network. Any information you provide at registration or in the Profile section that is not personally identifiable may be used in the same manner and extent to which other information that is not personally identifiable is permitted to be used hereunder, including for the purpose of serving advertisements through the service. If you opt-out you may lose the potential benefit of being a User, including receiving ads that are more targeted to your interests.
Profile visibility: You may choose to have your profile to be Public, Private (= visible to your friends only). Our default setting is Private.
Photographs: You may take photographs and upload them to your Profile. All photographs become public on the website. We reserve the right to remove any photographs uploaded to your Profile at any time and at our discretion.
Newsletters and Website Emails: We may send you free newsletters or e-mails to share information with you about the Websites, about us or about our marketing partners and advertisers and sponsors. You may also cancel your free email subscription by following the instructions provided on the Website or in the email.
Surveys or Voting: From time-to-time we may request personally identifiable information from you in conjunction with a survey or voting poll. Participation is voluntary and you will have the opportunity to decide whether or not to disclose personally identifiable information to the Websites.
3. HOW WE USE THE INFORMATION COLLECTED
As applicable, the information you provide to us may be used to:
- contact you;
- monitor or improve the use of the Websites;
- customise the content you see;
- monitor compliance with our terms and conditions of use of the Websites; and
- send you promotional material or special offers.
4. WITH WHOM THE INFORMATION MAY BE SHARED
At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others and the ways in which you may opt-out of having your information shared:
Agents: We may employ other businesses, certain third-party services and individuals to perform functions on our behalf. Examples include sending email, removing repetitive information from our database, website analysis, analysing data, providing marketing assistance and providing customer service. Such agents may have access to personally identifiable information needed to perform their functions, but may not use it for their own purposes, like sending you marketing offers about their products.
Aggregate Information: We may share aggregate information, such as demographics and Website usage statistics, with other parties. When this type of information is shared, the other parties do not have access to your personally identifiable information.
Other Promotional Offers: We may send offers to you on behalf of our business partners. When we do this, we do not give that partner your name and address.
Business Transfers: In the event that all or substantially all of our assets are sold or transferred to another party or another transaction occurs in which your personally identifiable information is one of the business assets transferred, all personally identifiable information that has been collected and saved may be one of the business assets we transfer.
Administrative or Legal Process: Your personally identifiable information may be transferred to third parties without notice to you in order to comply with applicable law, law enforcement agencies, to protect our rights or protect the rights of other users of the Websites.
The Websites incorporate reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personally identifiable information that we may collect, and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Your personally identifiable information is transferred to our computers utilising encryption software. Only those employees who need access to your information in order to do their jobs are allowed access. Our security policies are reviewed periodically and revised as required.
Ultimately, your personal information is protected by the password you use to access protected portions of the Websites. Please keep this password confidential. No customer service associate or any other representative of GSL will ever ask you for your password. If you receive any correspondence purportedly coming from us, please do not supply any password in response to any such request. The confidentiality of your password is yours to protect. You may change your password at any time.
6. LINKS TO OTHER WEBSITES
Please note that you should always update your personally identifiable information to provide us with a current email address.