WORLD SERIES OF GOLF ONLINE
TERMS OF USE

 
Last Updated: June 27, 2008

Welcome to the World Series of Golf Online!

By accessing or using the World Series of Golf Online website at www.WSGOnline.com ("Site"), you agree to following Terms of Use. If you do not agree to the following Terms of Use, do not use or register with the Site.

World Series of Golf, Inc. ("WSG") reserves the right to modify or replace these Terms of Use at any time and in WSG's sole discretion. WSG will indicate at the top of these Terms of Use the date such document was last updated. Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised Terms of Use). Your continued use of the Site following the posting of any changes to these Terms of Use will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Site. In addition, WSG may provide other methods by which you may accept these Terms of Use or changes to these Terms of Use.

  1. Privacy Policy

    Please refer to our Privacy Policy for information on how WSG collects, uses and discloses personally identifiable information from its users and customers. By using the Site, you are consenting to have your personal data transferred, processed and stored in the United States.

  2. Copyright and Limited License to Site and Site Materials

    The Site and all the materials on the Site, including without limitation any WSG and third party logos and all designs, games, animations, videos, tutorials, text, graphics, pictures, information and other content (collectively, "Site Materials"), are the proprietary property of WSG or its licensors. You are granted a limited, nonexclusive license (without the right to sublicense) to access and use the Site and Site Materials for your personal use only. Such license is subject to these Terms of Use and excludes: (a) any resale of the Site or any Site Materials; (b) any distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or any Site Materials; (d) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein; or (f) any use of the Site or any Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.

  3. Registration and Registration Data; Account Security

    You must be at least thirteen (13) years of age to register for the Site. You may register for and maintain a single account for the Site for each valid email address, for which you are the authorized account holder, that you provide as part of your registration information, and you agree not to register for an account for another person or authorize another person to use your account. WSG reserves the right to refuse registration, or to refuse or limit access to the Site, to anyone in its sole discretion for any reason or no reason.

    You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data") and to maintain the security of your username and password. You agree to maintain and promptly update the Registration Data, and any other information you provide to WSG, to keep it accurate, current and complete. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You will promptly notify WSG if you discover or otherwise suspect any security breaches related to the Site.

  4. Acceptable Use

    As a condition of using the Site, you agree not to do any of the following:

    1. use the Site in violation of applicable law or in a manner that facilitates or furthers the violation of applicable law;
    2. use the Site in a way that harms WSG or WSG's affiliates, vendors, or users;
    3. use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (such as "spam");
    4. attempt to use or access the WSG account of a person other than you;
    5. damage, disable, overburden or impair the Site (or the network(s) connected to the Site) or otherwise interfere with anyone's use and enjoyment of the Site;
    6. attempt to reverse-engineer or otherwise discover or recreate any part of the Site (including any code, technology or methodology used in connection with the Site);
    7. resell or redistribute the Site, or any part of the Site, or otherwise use the Site for any purpose other than your own personal use;
    8. use the Site other than for its intended purpose.

  5. Trademarks

    World Series of Golf, World Series of Golf Online, the WSG logos and any other product or service name or slogan contained in the Site are trademarks of WSG and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of WSG or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "World Series of Golf" or any other name, trademark or product or service name of WSG without our prior written permission. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of WSG and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WSG.

  6. Framing and Hyperlinks

    You may not use, frame or utilize framing techniques to enclose any WSG trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without WSG's written consent.

    WSG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or of Web sites linking to the Site. Such sites are not under the control of WSG and WSG is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. WSG provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by WSG of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

  7. Submissions and Feedback

    You agree that any materials, including questions, comments, suggestions, feedback, ideas, plans, notes, postings, original or creative materials or other information, regarding the Site, World Series of Golf Tournaments and other games, Site Materials, or other offerings of WSG or its affiliates that are provided by you in the form of email, web form, or other submissions to WSG ("Submissions") are non-confidential and shall become the sole property of WSG. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and WSG shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  8. Disclosure and Use of Data and Related Information

    Although it is not WSG's preference to provide governmental authorities with access to account information, you acknowledge that WSG may be required to do so from time to time. As such, you authorize WSG to deliver to furnish any information about your WSG account (including usage information and Registration Data), access to your WSG account (including any data stored in your account), and such other information in connection with your use of the Site, to such governmental authorities as may order or demand the same, with or without notice to you.

  9. Indemnification

    You will defend and indemnify WSG, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents ("WSG Parties"), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to your use of, or inability to use, the Site.

  10. Limited Warranty; Disclaimers

    THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. WSG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE.

  11. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE WSG PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SITE, EVEN IF A WSG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WSG PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE DOLLAR (US$1).

  12. Applicable Law and Venue

    These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Nevada, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to the Site or these Terms of Use shall be filed only in the state and federal courts located in Clark County, Nevada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Site or these Terms of Use.

  13. Termination; Modification of Site

    You may terminate your account at any time in your sole discretion. WSG reserves the right, without notice and in its sole discretion, to terminate your access to the Site or any features on the Site, and to block or prevent future your access to and use of the Site. In addition, WSG reserves the right to change, cancel or delete any and all services and features provided as part of the Site at any time, with or without notice to you.

  14. Severability

    If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  15. Questions

    If you have any questions about WSG or the Site, please contact us at support@worldseriesofgolf.com.