1) In accessing (www.professionalgolfersguild.com, progolfersguild.com and other websites including www.pgguild.com) (the “Site”) you agree to do so only for your own personal, non-commercial use and in accordance with these Terms. Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Please ensure you read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. The Terms also provide information on how you can submit material and how this will be used. If you do not wish to be bound by the Terms, you may not access or use the Site.
2) If you are under the age of 18 years old:
a. You must have your parent or guardian’s permission before using the Site;
b. You must read these Terms with your parent or guardian to make sure you and your parent or guardian understand these Terms; and
c. Your parent or guardian must agree to these Terms on your behalf before you use the Site. If your parent or guardian does not agree to these Terms on your behalf you may not access or use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these Terms and to abide by the Terms
3) The Site is owned and operated by the Professional Golfers Guild Ltd (“we” or “us”), a registered limited company in England and Wales whose registered address is 1A Dixon Road, Norwich, Norfolk, NR7 8QJ
4) Visitors to the Site just wishing to view content do not need to register. However, any use of the Site (including, but not limited to, viewing and/or participating in the Professional Golfers Guild constitutes your acceptance of these Terms, which takes effect the moment you first use the Site. We reserve the right to change the Terms at any time (with or without notice to you). Such changes shall be effective upon posting the modified Terms on the Site. It is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site following any modification or amendment of the Terms confirms that you have read, accepted, and agreed to be bound by such modifications or amendments.
5) Unless otherwise stated or expressly agreed by us in writing, you may not copy, reproduce, republish, download, post, store (including in any other website), display, distribute, transmit, broadcast, license, commercially exploit or modify in any way any of the Site’s material or content (including other Contributions (as defined below), or any advertising or sponsorship), or permit or assist any third party to do the same. Further, you agree that you shall not (by way of example and without limitation): reformat or frame any portion of the web pages that are part of the Site; copy or modify the HTML code used to generate web pages on the Site; use any device, software, or procedure that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; modify, adapt, translate or reverse engineer any portion of the Site; disrupt or otherwise interfere with the Site or the networks or servers used by us; impersonate any person or entity or misrepresent your connection or affiliation with a person or entity; or solicit, collect or store, or attempt to solicit, collect or store, personal information about other Site users.
6) You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s right to privacy, or which may harass, cause real distress or inconvenience to any person, and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
Third Party Websites
1)The Site may contain links to third party websites (including without limitation and by way of example only, social media websites, such as Facebook and Twitter), (“Third Party Sites”). Third Party Sites with links from the Site have not been verified or reviewed by us. Your access and use of any Third-Party Site is entirely at your own discretion and risk and subject to the terms and conditions and privacy policies of that website. You acknowledge and agree that:
(i) We are not responsible for the availability or accessibility of Third Party Sites or the content, products and/or services offered by such Third-Party Sites
(ii) Our providing links to Third Party Sites should not be interpreted as endorsement or approval by us of the owners of such Third-Party Sites; organizations sponsoring the Third-Party Sites; any products or services offered via the Third-Party Sites; or the accuracy, completeness or authenticity of information, resources, or content available on or through the Third-Party Sites; and
(iii) We shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through any Third-Party Sites. If you decide to access Third Party Sites, resources or services, or to transact with such third parties for their products or services, you do so entirely at your own risk.
Contributors and Members (Contributors)
1) If you would like to interact with the Site including participating in the Professional Golfers Guild activities, you may be required to register, either on this Site or on Third Party Sites. As part of this you will be asked to expressly “accept” these Terms and other specific terms appearing on the Site (including terms of Third Party Sites) and, on doing so, you will be deemed to have consented to and will be bound by these Terms and such other terms appearing on the Site or Third-Party Sites.
2) When you register on the Site or Third-Party Site, you will either be asked to select a user name and password (“Login Details”) to create an account, or one may automatically be created upon registration. Once an account has been created, you may use your Login Details to log on to and/or participate in areas of the Site reserved for contributors only. We reserve the right to reject user names for any reason, including if they are offensive, defamatory or otherwise unsuitable. We also reserve the right to require you to change your user name for any reason or no reason at any time in our sole discretion, and to use or assign your prior user name to another user as we determine to be appropriate in our sole discretion. You acknowledge and agree that you have no intellectual property, proprietary or other rights in or to your user name, and that our rejection, cancellation, revocation, modification, re-assignment, and/or other actions concerning your user name shall not create any claim or cause of action against us. You also agree not to use your user name for your own commercial gain, not to sell your user name to a third party, and not to create user accounts by automated means or under false, misleading or fraudulent pretences. We have no obligation to monitor user names requested by, or assigned to, Contributors in connection with their accounts. You may update certain details via your Member account.
3) You acknowledge and agree it is your sole responsibility to keep your Login Details confidential at all times and maintain the confidentiality of your personal data. You further acknowledge and agree that you are responsible for all activity that occurs under your account. We are unable to check the identity of people acting as Contributors or using Contributors’ areas and will not be liable where your Login Details or account is used by someone else.
4) You agree to notify us immediately if at any point you consider that your Login Details have been compromised and/or your account is being misused by someone else, or any other breach of security of your Login Details or account. You further agree not to solicit or use anyone else’s personal details on the Site, attempt to gain access to the personal details of other contributors, or make contributions on behalf of anyone other than yourself.
5) The Site (or associated sites including http://www.mypgguild.com) may contain areas where you can leave feedback and comments. By using this Site you accept that any interaction with other users of the Site may be abusive, untrue inappropriate or unpleasant. You agree to exercise caution in all interactions with other users of the Site and should not reveal personal information such as your home or work contact details, your last name or where you live. You agree to act responsibly and not post any comments that are abusive, untrue inappropriate or unpleasant and we reserve the right in our discretion to remove any and all such comments as further specified below under “Contributions”.
6) The Site is available only to individuals who can form legally-binding contracts under applicable law. You agree and confirm that if registering as a Member you are 45 years old or older and all information provided by you to us is accurate, true and current in all respects and at all times.We reserve the right to deny access and/or registration to the Site to anyone at any time in our sole and absolute discretion. If you provide any information that is inaccurate, untrue, or not current, or if we have reasonable grounds to suspect that such information is inaccurate, untrue or not current, we have the right to refuse any and all current or future use of the Site (or any portion thereof).
7) Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age or permission requirements, we reserve the right to stop you using the Site immediately.
8) We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend, restrict, or terminate your use, or access to any part of the Site without notice at any time if you breach these Terms or other specific terms appearing on the Site, for technical reasons or for any or no reason whatsoever. You agree that we shall not be liable to you or any third party for any termination of your account or access to the Site. If we terminate your account or your access to the Site, you will not attempt to access it without first obtaining our permission.
1) “Contribution” includes all content provided to the Site or the Professional Golfers Guild (i.e. forum or blog entries, videos, clips, pictures, reviews, comments, data posting, entries, campaign-related material, and all other user generated material).
2) You are entirely responsible for all Contributions that you provide, upload or otherwise transmit via the Site or to the Professional Golfers Guild. You agree and guarantee that any Contribution you provide or upload is original or licensed to you to provide to the Site and does not infringe any intellectual property rights (including but not limited to copyright, design rights, database right, patents, any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof (“Intellectual Property Rights”)), proprietary rights, or any other rights of any other person. You must obtain any third-party consent necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so), or contain, transmit or disseminate spam, chain letters, viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment; that nothing in the Contribution constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability or will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, hateful, vulgar, offensive, indecent, harassing, threatening, false, fraudulent, misleading, deceptive, harmful, breach anyone’s right of privacy or may constitute a contempt of court or break any applicable laws or regulations, or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms, as amended from time to time, and other specific terms appearing on the Site.
3) Please note that we do not accept unsolicited materials or ideas for use in our tournaments and materials, any website including the Site, publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries or affiliates regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.
4) Where we do not own the Contribution, you agree that we (including third parties authorized by us) may make any and all Contributions available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and/or publishing and that Contributions may be made available with advertising and/or sponsorship. If you submit, post or upload any Contribution or if you submit any business information, idea, concept or invention to us or the Site, you automatically grant or warrant that the owner of such Contribution or intellectual property has expressly granted us a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Contribution in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). You agree that this License includes the right for us to make such Contribution available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Contribution on other media and services, subject to these Terms. If you wish to keep any content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Site. You agree that in the event we receive any royalties, compensation or other payments associated with exercising the rights granted to us under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that we may, in our sole discretion, use any Contribution for which we have a License in a manner that may link to, refer to or reference your user name, such as use of your Contribution on an affiliated or partner website as a featured video in a manner that links to or references your user name.
5) Whether or not we own the Contribution, you grant us (and third parties authorized by us) the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and likeness if we wish (where these have been provided to us by way of the Contribution) and your Contribution.
6) We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted in our absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected, edited or moderated.
7) You further acknowledge and agree that we have the right at any time to change, modify or delete any Contribution you submit or post in our sole discretion, including but not limited to the right to change, modify or delete videos, video contents, titles, descriptions, categories or tags for any or no reason. You also acknowledge and agree that we shall have the right to apply categories, tags, labels, profiles, attributes or other features or characteristics to any Contributions that you submit, post or upload to the Site. We may, in appropriate circumstances, and in our sole discretion, remove or disable access that appears to be legally or otherwise problematic (for example it infringes the Intellectual Property Rights, proprietary rights, or privacy rights of others, or is offensive, defamatory or otherwise unsuitable, or for any other reason). In relation to all Contributions (including reviews and comments) submitted to the Professional Golfers Guild, you consent to us editing or deleting such Contributions to ensure compliance with these Terms and other specific terms appearing on the Site.
8) We may retain all Contributions even if they are not published. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return any Contributions to you or remove your Contributions from the Site at any time.
9) If we have to stop your use of the Site for any reason, your Contributions (if any) may remain on the Site in our sole and absolute discretion. You may contact us at email@example.com to request that certain details of your Contributions be removed, although we are not required to comply with any such request.
Other Content and Complaints
1) Although we ask all Contributors to submit Contributions that comply with the Terms, you acknowledge that Contributions supplied by other Contributors may include material you consider offensive or objectionable and that we are not obligated to control the Contributions. We assume no responsibility or liability for such Contributions and, as the Contributions are created by other Contributors, they do not represent our views. You are solely responsible for your interaction with other Contributors.
2) If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated (e.g. your Intellectual Property Rights have been infringed, you have been defamed etc.), you may email us at firstname.lastname@example.org with the following information:
• Nature of your complaint and location within the Site of the particular content or Contributor.
• Your name, address, telephone number and email address and such other information as we may reasonably request.
• For copyright disputes, an (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Availability of the Site, Third Party Sites and Liability
1) DISCLAIMER OF WARRANTIES. The Site, Contributions and information, links, images, logos and content relating to the Site, the Professional Golfers Guild, PGGuild, PGG Tour, PGG Ambassadors, PGG Golf Days and/or any of our associated companies, products, services and campaigns (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of merchantability, title, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or that the Site and/or Third Party Sites will be without error or invulnerable to viruses, worms, or other harmful software or hardware. WITH RESPECT TO THE SITE AND/OR THIRD PARTY SITES AND INFORMATION AND MATERIAL IN THE SITE AND/OR THIRD PARTY SITES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIRD PARTY SITES, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR THAT THE SITE AND/OR THIRD PARTY SITES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE AND/OR THIRD PARTY SITES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE AND/OR THIRD PARTY SITES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE AND/OR THIRD PARTY SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE AND/OR THIRD PARTY SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2) We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However, you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
3) You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
4) We make no warranty or guarantees that the Site will be available, uninterrupted, timely, secure, or error free, or that defects will be corrected, that the Site and its contents or the server that makes it available are free of viruses or other harmful components, or that the Site and information will meet your requirements. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence or wilful misconduct, your breach of the Terms or other specific terms appearing on the Site or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorized use of the Site; (e) your use of third party links, products or services offered on this Site or the content of any such third-party links; or (f) any other factor that is outside our reasonable control.
5) Content, information and other material on the Site may contain inaccuracies and typographical errors. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, and Contributions provided through the Site. We do not make any representations or warranties, express or implied, with respect to the accuracy or completeness of the Site or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, or content described in the Site at any time without notice. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. You further understand and acknowledge that you may be exposed to Contributions or other content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any and all legal or equitable rights or remedies you have or may have against us with respect to such content.
6) We cannot accept any responsibility for any damage, loss, injury or disappointment suffered through use of the Site. In no event will we or any body corporate in which the Professional Golfers Guild has a direct or indirect business interest (the “Professional Golfers Guild Ltd”) be liable for any damages whatsoever, whether in action of contract, tort (including negligence), strict liability or any other legal theory, including (but not limited to) damages for use of the Site, for loss of use of the Site, damages caused by any conduct or content of any third party on the Site, damages caused by any actions or inactions resulting from use of the Site, unauthorized access, use or alteration of your transmissions or Contributions, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect, consequential, incidental, special, exemplary, or punitive damages, arising out of or in connection with the use (or inability to use) or performance of the Site, even if we have been advised of the possibility of such damages. Because some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In addition, in no event shall we or any licensors or third-party affiliates be liable for any unauthorized use of the Site. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
Intellectual Property Rights Including Copyright
1) The names, images and logos identifying the Professional Golfers Guild, PGGuild, PGG Tour, PGG Ambassadors tour, PGG-AM, PG Golf Days, and any tournaments, services and campaigns are proprietary marks of these parties. Nothing in these Terms or other specific terms appearing on the Site shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated otherwise.
3) Any products and services on the Site are subject to availability and are available at our sole discretion.
1) The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
2) If any provision of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
3) You agree to indemnify, defend and hold us and our affiliates and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to:
(i) your negligence or misconduct;
(ii) your information or any other materials contributed to or submitted through the Site, including without limitation information associated with your account;
(iii) your conduct, including your use of the Site;
(iv) your connection to the Site;
(v) any violation or breach of these Terms or other specific terms appearing on this Site; or
(vi) your violation of any laws or the rights of any third party, including but not limited to infringement or violation of intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. The Indemnified Parties shall have the right, in their sole discretion, to select their own legal counsel to defend the Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of the Indemnified Parties’ reasonable attorneys’ fees incurred in connection therewith. You shall notify us immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or our ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of us, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Indemnified Parties.
4) We can transfer our rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else.
6) Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Last updated 24 December 2017
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