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LICENSE AND SITE ACCESS
In using this site, and in accepting the Terms and Conditions, herein set forth Golf Life grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items through the Site’s Storefronts Service, or to purchase items from third-party merchants accessible via links on the Site. This license does not include the use of the Site for, and strictly prohibits:
any resale of the Site or its contents;
any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein;
any derivative use of the Site or its contents; or,
any use of data mining, robots, or similar data gathering and extraction tools.
The Site, including its operation, interface and contents, are covered by United States Copyright laws 17 U.S.C. 101 et seq., and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Golf Life.
Any unauthorized use shall immediately terminate the licenses and rights granted by Golf Life and any Licensors hereunder, and may subject you to civil and/or criminal prosecution under Federal and State laws. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Golf Life, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Golf Life, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Golf Life, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
Golf Life does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Golf Life’s control.
Golf Life acts in good faith to accurately portray and state the aspects and prices of its product. Golf Life does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free, and in using this Site, the user waives any claims relating to Site Content and any warranty that may be thought or alleged to arise. Site content is provided for informational purposes only and does not constitute an endorsement by Golf Life of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Golf Life assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
Golf Life endeavors to provide the customer with a source of information, and in doing so provides a number of different services to assist you in comparison shopping for products and services on the Site. Other parties, such as merchants or other third parties who list products and services on the Site, compensate Golf Life. Golf Life is also compensated for promotions such as featured merchants, featured products and showcases. Additionally, through the Golf Life Storefronts Service, Golf Life provides a venue allowing users who open member accounts through the Golf Life Member Agreement (“Member(s)”), including both individuals and merchants, to list for sale new and used products that are described on the Site. Golf Life receives transaction compensation, or fee, from Storefronts sellers when a Member has completed the purchase of an item made available by a Member for sale on the Site.
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify Golf Life (among others) for the content you submit as set forth in the indemnity section, below.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Golf Life’s computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without Golf Life Media’s prior written consent.
By contributing or submitting any content to the Site, you guarantee and warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant Golf Life a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to Golf Life Media to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. By “warrant”, you mean that if you do not own the intellectual property, and Golf Life must defend the presence on the Site of such intellectual property, you agree to make Golf Life whole, meaning you agree to be responsible for any judgments against Golf Life for the use of such intellectual property, as well as the costs, such as attorney’s fees, made necessary in such defense or settlement.
In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials so submitted shall be subject to any obligation of confidence on the part of Golf Life, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. Golf Life reserves the right to change, condense or delete any content on the Site that Golf Life deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. The submission of any intellectual property does not create any relationship between Golf Life and the submitter (you).
You agree that you shall not post or provide any information to/for the Sites:
that is known by you to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party;
that seeks to obtain a commercial advantage;
that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
OTHER BUSINESSES AND LINKS TO OTHER SITES
Golf Life does not have dominion or control over the business practices of any third-party merchant or seller, nor does it control or influence, in any way, the quality, safety, or legality of any item listed on the Site, or any business transaction that occurs as a result of products listed on the Site.
Golf Life may, at its sole discretion, provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Golf Life Media of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Golf Life is not responsible for examining or evaluating any content on any web site linked to by Golf Life. Golf Life does not warrant or claim responsibility in any way for, the products, services, offerings, or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE GOLF LIFE MEDIA, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH GOLF LIFE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY GOLF LIFE MEDIA ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOLF LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLF LIFE MEDIA SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. GOLF LIFE MEDIA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF GOLF LIFE MEDIA’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOLF LIFE MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM BLADE RUNNERGOLF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLF LIFE MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Colorado and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Colorado. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Florida with knowledge of Internet commerce in Colorado and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be subject to appeal to any court, in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section, unless it can be shown by clear and convincing evidence that the party is acting in bad faith in either bringing the arbitration action, or maintaining a defense or prosecution in such arbitration action.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
Golf Life disclaims any responsibility for the content of any third party materials provided through or on its Site or other services (“Third Party Content”). Golf Life will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (“DMCA”), which may include Golf Life Media removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Golf Life regarding matters other than informing Golf Life that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to the following Designated Agent:
Action Media, Inc. dba Golf Life
10850 Dover Street, Suite 500
Westminster, CO 80021
By Email: email@example.com
To be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
Identification of the material (i.e., the Third Party Content) 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 Golf Life Media to locate the material;
Information reasonably sufficient to permit Golf Life to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, as follows: “I have 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
A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Note that the last statement above is an assertion that you are making the statements under oath, under the penalty of perjury if the statements are untrue, and are known to be untrue by you, at the time of the making.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
Golf Life shall remove or disable access to the Third Party Content that is alleged to be infringing;
Golf Life shall forward the written notification to the alleged infringer (the “Subscriber”);
Golf Life shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to Golf Life’s Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which Golf Life may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and Golf Life will comply with this requirement within a reasonable time (or as otherwise required by law), provided Golf Life’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Golf Life’s network or system, in which case Golf Life will not restore or re-enable the material at issue, pending final settlement between the parties.
Please review Golf Life’s other policies posted on the Site, which are incorporated herein by reference.
ADDRESS FOR NOTICE
Any notices to be made to Golf Life Media (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following links
The mailing address for HWedge and Blackmagicgolf.com is:
HWedge Golf / Golf Life
10850 Dover Street, Suite 500
Westminster, CO 80021
By Email: firstname.lastname@example.org
At Action Media, Inc., dba. Golf Life Media. (“Golf Life“) we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address (“personal information”).
We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services (“Service(s)”) in which, subject to applicable terms and availability.
Golf Life will not disclose your personal information to any third party unless:
1) It is necessary in order to provide you with a particular Service you have requested;
2) It is required of Golf Life in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request);
3) Golf Life determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Golf Life, its subsidiaries, affiliates, co-brand partners or other parties under contract with Golf Life, our users, or others; or
4) You have provided such data through a partner’s private-level shopping web site hosted by Golf Life, in which case Golf Life may provide your personal data to that partner (Golf Life is not responsible for its partners’ privacy policies or their use, storage and processing of data collected on their web sites). In addition, Golf Life may transmit information to a merchant, such as an invoice number, which may permit the merchant to deduce the identity of a user/reviewer in the event that a merchant disputes a user review on the grounds that a transaction never took place between the user and the merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, Golf Life may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked “optional” (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors’ statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as, providing necessary traffic information to our advertisers. We currently contract with several online partners to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Web beacons and cookies provided by our marketing company on this site. The type of information we collect includes the product codes and prices for merchandise that visitors purchase, and the pages visited. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can “opt-out” of this websites by emailing each site separately at:
The Site contains cookie technology, which collects non-personal information about you, which is used to customize the Site for your future use. In conjunction with our in-house advertising, we use third-party advertising companies to place customized advertisements on the pages you view on the Site. Our third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to the Site. These companies may use non-personal information collected by the cookies about your visits to the Site and other web sites in order to provide you with advertisements about goods and services of interest to you.
The Site contains links to web sites of third parties. Golf Life is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Golf Life adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Golf Life uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1×1 pixel, gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
Copyrights and Trademarks
Golf Life, GolfLife.com, are registered trademarks of Action Media, Inc., and the Golf Life logo are trademarks of Action Media, Inc.. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Golf Life trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
Copyright © 2016 Action Media, Inc. All rights reserved.