1Mark Golf Scoring Terms of Service Last updated September 25, 2016. Replaces the - version in its entirety. 1. Your Agreement with 1Mark Golf Scoring. 1.1 Choice of Law. If you are a resident of North America, your relationship is with 1Mark Golf Scoring (Pty) Ltd, a South African company, and you agree to be bound by the laws of South Africa. If you reside outside of North America, your relationship is with 1Mark Golf Scoring (Pty) Ltd, and you agree to be bound by the laws of South Africa. 1.2 This document sets forth your legal agreement with 1Mark Golf Scoring (Pty) Ltd and its agents and affiliates (collectively, “1Mark Golf Scoring (Pty) Ltd”). Your use of any 1Mark Golf Scoring website or service (collectively “Service” or “Services”) that references to these terms is subject to these Terms of Use (the “General Terms”). 1.3 Some Services may also be subject to additional or different terms (the “Additional Terms”). Without limitation, the Additional Terms for the following Services are hereby incorporated into the General Terms by reference: 1Mark Golf Scoring, Pro-Pod 1Mark Golf Scoring, Pro-Dashboard 1Mark Golf Scoring, Smartphone applications 1.4 If there is any conflict between the General Terms and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to as the “Terms”. 1.5 1Mark Golf Scoring may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available http://www.1markgolfscoring.com/Terms&Conditions.pdf. Your use of the Services is subject to the most current version of the Terms at the time of such use. 2. Definitions. Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below: 2.1 “Account Information” means the information you provide to 1Mark Golf Scoring when you register for a service, including your 1Mark Golf Scoring ID and log-in information. 2.2 “1Mark Golf Scoring Materials” means any Materials provided by 1Mark Golf Scoring under these Terms. 2.3 “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights. 2.4 “Law” means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the South African or other applicable countries. 2.5 “Marks” means the trademarks, logos and service marks displayed on the Services. 2.6 “Materials” means any materials provided by you or 1Mark Golf Scoring, including without limitation any (a) User Material; (b) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (c) products, and (d) Software. 2.7 “Shared Material” means the User Material that you or other Users share through the Services. 2.8 “Share” means to email, post, transmit, upload, or otherwise make available through your use of the Services. 2.9 “Software” means 1Mark Golf Scoring software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, updates, or plugins. 2. IO “User” means a user of the Service. 2.1 I “User Material” means (a) Your Material and (b) Shared Material uploaded by other Users. 2.12 “Your Material” means any Materials that you Share through your use of the Services. 2.13 “Your Shared Material” means Your Material that you choose to make into Shared Material. 3. Acceptance of Terms. 3.1 You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by 1Mark Golf Scoring, you, or other Users, or (c) by merely browsing the Services. 3.2 You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with 1Mark Golf Scoring, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 18 and acknowledge that these Services were not intended for children under 18. 3.3 1Mark Golf Scoring may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes. 4. Privacy Policy. For information about 1Mark Golf Scoring’s data protection and collection practices, please read the 1Mark Golf Scoring Privacy Policy at http://www.1markgolfscoring.com/PrivacyPolicy.pdf, which is incorporated herein by reference. You agree to 1Mark Golf Scoring’s use of your data in accordance with the Privacy Policy. 5. Ownership. 5.1 Services and 1Mark Golf Scoring Materials. The Services and 1Mark Golf Scoring Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, 1Mark Golf Scoring and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title, and interest in the Service and 1Mark Golf Scoring Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of 1Mark Golf Scoring and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party. 5.2 Trademarks. The Marks are the property of 1Mark Golf Scoring or other rights holders. You are not permitted to use the Marks without the prior consent of 1Mark Golf Scoring or the rights holder. 1Mark Golf Scoring and the 1Mark Golf Scoring logo are trademarks of 1Mark Golf Scoring (Pty) Ltd. 6. Use of Service and Materials. 6.1 If you comply with the terms and conditions of this Agreement, 1Mark Golf Scoring grants to you a non exclusive, non-transferable, revocable right to access and use the Services, to Share Your Materials to the Service, and to use the 1Mark Golf Scoring Materials in connection with the Services, subject to the restrictions stated in this Section. 6.2 Except with respect to Your Material, you agree: (a) Not to alter, copy, modify, or re-transmit the Materials; (b) Not to lease, license, rent, or sell the Materials or the right to use and access the Services; (c) Not to remove, obscure, or alter any text or proprietary notices contained in Materials; (d) Not to copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights; (e) To use the Services and the Materials only as permitted by the Terms and any Law; and (f) That certain Services and Materials may be available only if you have paid a fee or have provided certain Account Information. 6.3 1Mark Golf Scoring uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. 1Mark Golf Scoring will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control. Certain Services may not be available in all languages. 1Mark Golf Scoring will not be held liable for any loss in income or damages due to any service interruption stated previously. 6.4 1Mark Golf Scoring may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that 1Mark Golf Scoring shall not be liable to you or anyone else if we do so. 6.5 Payment Terms. (a) Subscription Fees. Certain Services require you to purchase a subscription or membership in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period. Subscription terms are available at http://www.1markgolfscoring.com/subscriptionfees.pdf (b) You are responsible for paying all taxes levied in connection with your use of the Services. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees, Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). 1Mark Golf Scoring has no connection to or responsibility for such fees. (c) Collection of Subscription Fee. You agree that, in the event 1Mark Golf Scoring is unable to collect the Subscription Fees owed by you to 1Mark Golf Scoring for the Services, 1Mark Golf Scoring may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by 1Mark Golf Scoring in connection with such collection activity. 7. Account Information; Personal URL. 7.1 You agree that your Account Information will always be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to 1Mark Golf Scoring for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify 1Mark Golf Scoring by contacting Support at http://www.1markscoring.com/contact-us.html. 1Mark Golf Scoring may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless 1Mark Golf Scoring expressly allows you the right to create and manage 1Mark Golf Scoring IDs as an account administrator for a company or unless expressly permitted in the Additional Terms, you may not use another person’s Account Information. 7.2 As part of registering for a Service, 1Mark Golf Scoring may require you to create a unique URL, such as your_name_here.1Mark Golf Scoring.com. Such unique URL may be used solely with the Service, only for so long as you maintain a valid account and shall not be used for any other purpose. 1Mark Golf Scoring may revoke your right to use that URL for any reason deemed appropriate by 1Mark Golf Scoring in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by 1Mark Golf Scoring in its sole discretion to contain infringing or illegal content or content that otherwise violates the Terms. In such event, 1Mark Golf Scoring reserves the right to revoke your right to use your unique URL immediately without notice. Additionally, 1Mark Golf Scoring owns and retains all right, title, and interest in and to the use of “1Mark Golf Scoring,” and other 1Mark Golf Scoring property in association with a User’s unique URL. Upon termination for any reason, 1Mark Golf Scoring may permit another User to use the unique URL previously selected by you. 8. User Conduct. 8.1 You agree not to access or attempt to access the Services by any means other than the interface provided by 1Mark Golf Scoring or circumvent any access or use restrictions put into place to prevent certain uses of the Services. 8.2 You agree not to use, or to encourage or permit others to use, the Services to: (a) Share any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Stalk, intimidate, and/or harass another; (c) Incite others to commit violence; (d) Harm minors in any way; (e) Share any Material that you do not have a right to Share under any Law or contractual or fiduciary relationship; (f) Share any Material that infringes any Intellectual Property Right or other proprietary right of any party; (g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services; (i) Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with 1Mark Golf Scoring or any Service; (j) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise); (k) Use any 1Mark Golf Scoring domain name as a pseudonymous return email address; (I) Share any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (m) Access or use the Services in any manner that could damage, disable, overburden, or impair any 1Mark Golf Scoring server or the networks connected to any 1Mark Golf Scoring server; (n) Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies, or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms; (o) Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked sites; (p) Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services, or Materials; (q) Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services; (r) Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by 1Mark Golf Scoring; (s) Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; (t) Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials; (u) Host, on a subscription basis or otherwise, the Services without 1Mark Golf Scoring’s authorization, including any related application, (i) to permit a third party to use the Services to create, transmit, or protect any content, or (ii) to conduct conferences or online meeting services for a third party; (v) Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or (w) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 8.2. 9. Your Material. 9.1 Storage. 1Mark Golf Scoring may provide online storage for Your Material, subject to Section 9.2 below and any Additional Terms that may further define the scope of such storage. Unless otherwise stated in Additional Terms or a separate written agreement between you and 1Mark Golf Scoring, 1Mark Golf Scoring has (a) no obligation to store Your Material and (b) no responsibility or liability for the deletion or accuracy of any Materials, including Your Material, the failure to store, transmit, or receive transmission of Materials, or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. 9.2 You agree that 1Mark Golf Scoring retains the right to create reasonable limits on the use of the Materials, including Your Material, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by 1Mark Golf Scoring in its sole discretion. 1Mark Golf Scoring may require you to delete Your Material until you are within the storage space limit associated with your account. 9.3 You agree that you, not 1Mark Golf Scoring, are entirely responsible for all of Your Material that you Share, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Material, including any reliance on its accuracy, completeness, or usefulness. 9.4 Settings Related to Use and Access of Your Material. (a) Certain Services may enable you to specify the level at which such Services restrict access to Your Material. You are solely responsible for applying the appropriate level of access to Your Material. If you do not choose the access level to apply to Your Material, the system may default to its most permissive setting. (b) 1Mark Golf Scoring may allow other Users to comment on Your Shared Material. (c) 1Mark Golf Scoring may allow you to import your contacts to the Services. For example, 1Mark Golf Scoring may provide tools to help you upload email addresses of your contacts. If you provide 1Mark Golf Scoring your password to retrieve those contacts, 1Mark Golf Scoring will not store the password after you have uploaded the contact information. In addition, 1Mark Golf Scoring will not store these email addresses you have uploaded once you have found and connected with your friends. 9.5 Licenses to Your Material. 1Mark Golf Scoring requires certain licenses from you with respect to Your Shared Material in order to operate and enable the Services. Accordingly, you grant the licenses to Your Shared Material as follows: (a) For Your Shared Material that’s Shared in a public forum (such as leader-boards or public galleries that may be browsed by anyone with an internet connection, etc.), you grant 1Mark Golf Scoring a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to adapt, display, distribute, modify, perform, publish, reproduce, translate, and use Your Shared Material for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke the license and terminate 1Mark Golf Scoring’s rights at any time by making it no longer Shared. (b) For Your Shared Material that’s Shared in a public forum or shared privately with other Users of your choosing, you grant other Users a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable license to display, distribute, perform, and reproduce Your Material, subject to Section IO of these Terms. If you join or participate in a group that allows for sharing of Your Material within the group (such as a “group album” or shared workspace), then you also grant the Users within the group a license to adapt and modify Your Material that you have decided to share with such group. If you do not want to grant other Users these rights, then don’t Share Your Material with other Users. (c) For Your Material that is shared privately with other Users of your choosing, you grant 1Mark Golf Scoring a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable, license to distribute, modify, publish, reproduce, translate, and use Your Material for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke this license and terminate 1Mark Golf Scoring’s rights at any time by removing Your Material from the Service; provided that you agree that 1Mark Golf Scoring may retain and use copies of Your Material for archival or “backup” purposes and pursuant to Section 15 (Investigations). (d) You may also grant 1Mark Golf Scoring specific or different license pursuant to the Additional Terms. 9.6 You acknowledge that the Services are automated (e.g., Your Material is uploaded using software tools) and that 1Mark Golf Scoring personnel will not access, view, or listen to any of Your Material, except as reasonably necessary to perform the Services, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by 1Mark Golf Scoring in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof, as further described in Section 15 (Investigations). 9.7 You acknowledge and agree that although 1Mark Golf Scoring endeavors to provide security measures to protect Your Material (including Your Shared Material that you Shared privately), 1Mark Golf Scoring is not liable for any damages resulting for the disclosure of Your Material. 10. Shared Material. 10.1 License to Shared Material. 1Mark Golf Scoring grants you a worldwide, royalty-free, and non-exclusive license to distribute, display, download, perform, and reproduce the Material, subject to the restrictions stated in this Section l 0. With respect to Shared Material Shared in a group allowing for content sharing, 1Mark Golf Scoring also grants you the license to adapt and modify such Shared Material. The license granted in this Section I 0.1 is further limited to your personal and internal use purposes only. l 0.2 It is your sole responsibility to determine what limitations, if any, are placed on your Shared Material. 1Mark Golf Scoring cannot and does not monitor or control what others do with the Shared Material, nor can 1Mark Golf Scoring prevent them from adding to, modifying, or adapting the Shared Material. I 0.3 You agree that 1Mark Golf Scoring has no liability of any kind should other Users use, modify, destroy, corrupt, copy, or distribute your Shared Material in violation of the limitations that you may impose on its use. 10.4 Shared Material may include personal information (such as email addresses) to facilitate your ability to share Your Material. It is your sole responsibility for any and all personal information that you or other Users used and submitted in connection with the Services. You shall comply with all data protection and privacy laws and rules applicable to the personal information of other Users. 10.5 The Services may allow you to comment on Shared Material. Comments are not anonymous and may be viewed by other Users. Your comments may be deleted by you, or 1Mark Golf Scoring. 10.6 If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive email from such User or do not wish to participate, you are required to contact the person who invited you to update, correct, or delete the information they provided about you. 10.7 In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others. 10.8 Upon removal of Your Material from the Service or upon making your Shared Material no longer shared, 1Mark Golf Scoring shall have a reasonable time to cease use, distribution, and/or display of Your Material. However, you acknowledge and agree that 1Mark Golf Scoring shall have the right but not the obligation to keep archived or “backup” copies of Your Material or use Your Material pursuant to Section 15 (Investigations). CONTINUE READING page 1/2
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