OhMyGolf!

OhMyGolf.com Terms of Use

1. ACCEPTANCE OF TERMS

OhMyGolf.com provides a collection of online resources, including a golf course database, forums, various email services, and a golf course drawing software, subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular OhMyGolf.com services, you agree to abide by any applicable posted guidelines for all OhMyGolf.com services, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with OhMyGolf.com in any way, your only recourse is to immediately discontinue use of OhMyGolf.com. OhMyGolf.com has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.ohmygolf.com/oh_my_golf/terms_of_use

3. CONTENT

We are doing our best to maintain the highest possible quality for our services and moderate in a timely fashion any new content posted. Nonetheless, You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that OhMyGolf.com does not control, and is not responsible for Content made available through the Service. Furthermore, the OhMyGolf.com site and Content available through the Service may contain links to other websites, which are completely independent of OhMyGolf.com. OhMyGolf.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OhMyGolf.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that OhMyGolf.com does not pre-screen or approve Content, but that OhMyGolf.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SERVICES & SITES

The OhMyGolf.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OhMyGolf.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

5. GOLF COURSE DRAWING SOFTWARE

The OhMyGolf.com site embeds a tool that allows any connected person to draw or edit a golf course. You understand that any drawing done on the OhMyGolf.com web site can be used by OhMyGolf.com at will. By using the Course Drawing Software you allow OhMyGolf.com to make any use of any drawing You did. OhMyGolf.com becomes the exclusive right owner on each drawing at the time you click the Save button. OhMyGolf.com reserves the right to distribute any golf course drawing, for free or for a paying fee. No retribution shall be made to you by OhMyGolf.com

6. PRIVACY AND INFORMATION DISCLOSURE

OhMyGolf.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.ohmygolf.com/oh_my_golf/privacy_policy

Your use of the OhMyGolf.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that OhMyGolf.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of OhMyGolf.com, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

• a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
• b) that is pornographic or depicts a human being engaged in actual sexual conduct;
• c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• e) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• f) that constitutes or contains any form of advertising or solicitation if: posted in areas of the OhMyGolf.com sites which are not designated for such purposes; or emailed to OhMyGolf.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
• g) that includes links to commercial services or web sites, unless written approval by OhMyGolf.com
• h) that advertises any illegal or competiting service
• i) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by OhMyGolf.com;
• j) use any form of automated device or computer program that enables the submission of postings on OhMyGolf.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

8. PAID SERVICES

We may charge a fee to post or access Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

9. LIMITATIONS ON SERVICE

You acknowledge that OhMyGolf.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OhMyGolf.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OhMyGolf.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OhMyGolf.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. ACCESS TO THE SERVICE

OhMyGolf.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by OhMyGolf.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or services that specializes in golf course listing, golf course drawing, or any golf related services.

Use of the Service beyond the scope of authorized access granted to you by OhMyGolf.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from OhMyGolf.com.

11. TERMINATION OF SERVICE

You agree that OhMyGolf.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if OhMyGolf.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that OhMyGolf.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OhMyGolf.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of OhMyGolf.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although OhMyGolf.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OhMyGolf.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant OhMyGolf.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

13. FEEDBACK

OhMyGolf.com is a work in progress and any feedbak is welcome. Please use our contact form.