- Trade Marks, Copyrights and Restrictions
(1) Play My Golf Ball Inc. is very respectful about the privacy concerns of the users of its sites on the Internet. When you register with Play My Golf Ball Inc., you are required to provide your name, email address, birth date, and gender. Your mailing address will be required should you order products on-line through the site. We use the information provided by you in connection with the services and features we provide to you and other users, and the advertisers which purchase ads on the site. For example, we may use the information we receive about you: (i) as part of our efforts to make the site safe and secure; (ii) to provide you updates such as promotions and/or new features on the site; and (iii) to measure and understand the effectiveness of features within the site. While allowing us this right to use your information we receive about you, you always own all of your information. We do not share this information unless we have: (i) received your permission and have given you notice, such as by telling you about it in this policy; or (iii) removed your name or any other personal identifying information from it. Certain non-personal information of users is also recorded by the standard operation of Play My Golf Ball Inc.’s servers. This information is primarily used to provide an enhanced online experience for the user. Information tracked includes the type of browser being used by the user, the type of operating system in use by the user and the domain name of the user’s Internet service provider. By having this information, Web pages optimized for a particular user’s computer are automatically available to that user. This information in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact users who communicate with us. For example, we direct e-mail to users who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
(2) Many Web sites, including this one, place a “cookie” in the browser files of a user’s computer. The cookie itself does not contain any personally identifying information. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. To the extent that any of our sites accessible through Play My Golf Ball .Com. has additional practices, these practices will be explained at that site.
- Linked Sites
Play My Golf Ball .Com, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
The materials in Play My Golf Ball Inc.’s Web sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Play My Golf Ball Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Play My Golf Ball Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Play My Golf Ball Inc.’s Web sites or the server that makes them available are free of viruses or other harmful components. Play My Golf Ball Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in Play My Golf Ball Inc.’s Web sites in terms of their correctness, accuracy, reliability or otherwise. You (and not Play My Golf Ball Inc.) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Play My Golf Ball Inc.’s Web sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms or other forums conducted on this site (“Forums”) are not necessarily those of Play My Golf Ball Inc. or its affiliated or related entities or content providers and Play My Golf Ball Inc. makes no representations or warranties regarding that information or those opinions. Furthermore, neither Play My Golf Ball Inc. nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in Play My Golf Ball Inc.’s Web sites.
(1) Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted to Play My Golf Ball Inc. will become the property of Play My Golf Ball Inc. throughout the universe and Play My Golf Ball Inc. shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Play My Golf Ball Inc.’s Web sites, you agree that Play My Golf Ball Inc. has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
(2) Play My Golf Ball Inc. is not responsible for any material posted on our Forums. You shall not submit or otherwise publish through such Forums any content which:
(a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
(b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trade marks;
(c) violates any law;
(d) advocates illegal activity; or
(e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).
Members found to be in violation of Section 5(2) may in addition to any civil or criminal penalties, be blocked from posting and/or have their membership revoked.
(3) You agree to indemnify Play My Golf Ball Inc. and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
- E-Mail and Postings Received
Do not post any threatening or libellous e-mails or material on this site that would be considered a violation of any law. Play My Golf Ball Inc. Online will fully co-operate with any law enforcement authorities or court order requesting or directing Play My Golf Ball Inc. to disclose the identity of anyone posting any such e-mails or materials.
Members found to be in violation of Section 6 may in addition to any civil or criminal penalties, be blocked from posting and/or have their membership revoked.
- Jurisdictional Issues
(1) Unless otherwise specified, the materials in Play My Golf Ball Inc.’s Web sites are presented solely for the purpose of entertainment and promoting programs, and other products available globally. This site is controlled and operated by Play My Golf Ball Inc. from its offices within the Province of Ontario, Canada. Play My Golf Ball Inc. makes no representation that materials in Play My Golf Ball Inc.’s Web sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(2) This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Play My Golf Ball Inc. bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of Ontario, Canada, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Play My Golf Ball Inc..