| End-User Services Agreement
GOLF.BE'S SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE ("SERVICES") AND INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM GOLF.BE, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICE. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
GOLF.BE INCORPORATED
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is an agreement
between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity
that will be using the GOLF.BE's services ("User"),
GOLF.BE Incorporated, a Belgian corporation located at
Zultseweg 10, 8790 WAREGEM ("Company"), and the
owner of the site through which you have requested the Services
("Partner"). GOLF.BE's services (the "Services") include
proprietary materials, the use of which is subject to the terms and
conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company on behalf of Partner, are
provided to User under the terms and conditions of this
Agreement, and any amendments thereto, and any operating
rules or policies that may be published from time to time by
Company and Partner, all of which are hereby incorporated by
reference. This Agreement comprises the entire agreement
between User and Company and supersedes any prior
agreements pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company, on behalf of Partner, is providing User with any or all of
the following services: (a) email; (b) meta-search; (c) community
services; and (d) any other services which Company may elect to
provide on behalf of Partner in the future. These Services are
provided to User at the discretion of Partner and Company has no
obligation to provide the Services directly to User. Company does
not charge User for the Services (though Company may do so at
any time in the future), but may charge for enhancements User
may elect to obtain. Company reserves the right to delete any
User's account if such User does not access such account for a
period of sixty (60) consecutive days.
Company and Partner reserve the right to modify or discontinue,
temporarily or permanently, the Services with or without notice to
User. User agrees that Company, Partner, and their third party
service providers shall not be liable to User or any third party for
any modification or discontinuance of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the
Services. In consideration of use of the Services, User agrees to:
(a) provide true, accurate, current, and complete information
about User as prompted by the registration form; and (b) to
maintain and update this information to keep it true, accurate,
current, and complete. If any information provided by User
("Registration Data") is untrue, inaccurate, not current, or
incomplete, Company and Partner have the right to terminate
User's account and refuse any and all current or future use of the
Services.
4. USE OF REGISTRATION DATA
User agrees that Registration Data is shared with Partner.
Company and Partner agree not to contact User if User states a
preference not to be contacted. Company shall inform Partner if
User states a preference not to be contacted. However, Company
shall not be responsible or liable if Partner contacts User, permits
a third party to contact User, or provides or discloses User's
Registration Data to any third party.
User agrees that Company, Partner, or a designee of a Company
or Partner may disclose Registration Data to third parties about
User and information about User's use of the Services, provided
that such disclosures do not include User's name, mailing address,
email address, telephone or facsimile number, or account number,
unless: (a) User has joined the Everyone.Benefits! program, has
co-registered to receive any third party products or services, or
has otherwise authorized Company and/or Partner to disclose
such information; (b) such disclosure is required by law or legal
process; or (c) User violates any of the terms set forth in Section 7
below.
This Agreement includes the terms and conditions of Company's
Privacy Policy, a copy of which is located at
http://www.registergolf.be/privacy_policy.html, and which is
hereby incorporated by reference. In the event that there exists
any inconsistency between this Agreement and the Privacy Policy,
the terms and conditions of the Privacy Policy shall take
precedence.
5. USER CONTENT
Company and Partner consider email transmitted via the Services
to be the private correspondence of the sender. Neither Company
nor Partner will monitor, edit, or disclose the contents of a User's
private communications, except that User agrees that Company,
Partner, and their third party service providers may do so: (a) as
required by law; (b) to comply with legal process; (c) if necessary
to enforce this Agreement; (d) to respond to claims that such
contents violate the rights of third parties; (e) to protect the
rights or property of Company, Partner, its third party service
providers, or others.
User acknowledges that content posted to public community
areas is publicly available and that Company does not take any
responsibility for such content. However, Company reserves the
right to remove any public content posted by a User that violates
any law or condition of this Agreement, upon notice of such
violation.
User understands and agrees that technical (and sometimes
manual) processing of email communications, search requests,
community postings, and any other information supplied by User is
and may be required: (a) to send and receive messages; (b) to
conform to the technical requirements of connecting networks; (c)
to conform to the limitations of the Services; or (d) to conform to
other, similar technical requirements.
User acknowledges and agrees that Company, Partner, and their
third party service providers do not endorse the content of any
User communications and are not responsible or liable for any
unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, indecent, tortious, or
otherwise objectionable content, or content that infringes or may
infringe the intellectual property or other rights of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND
SECURITY
User will be asked to choose the first part of its user name, which
will be followed by the "@" symbol and Partner's domain name.
(Example: YourNameHere@PartnerSite.com.) User agrees to
choose a user name which is unique, not obscene, unlawful, or
otherwise objectionable, in Company's sole discretion. Company
shall own User's complete user name.
User will receive a designated password and account upon
completing the registration process for the Services. User is
responsible for maintaining the confidentiality of the password
and account, and is fully responsible for all activities that occur
under User's account. User agrees to immediately notify Company
of any unauthorized use of User's password or account or of any
other breach of security.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national, and
international laws and regulations during use of the Services, and
agrees not to interfere with the use and enjoyment of the
Services by other users. User agrees to be solely responsible for
the contents of User's private and public communications, whether
uploaded, posted, emailed, or otherwise transmitted through the
Services.
User agrees: (a) not to use the Services for illegal purposes; (b)
not to interfere with or disrupt the Services or servers or
networks connected to the Services; (c) to comply with all
requirements, procedures, policies, and regulations of networks
connected to the Services; (d) not to resell the Services or use of
or access to the Services; and (e) to comply with all applicable
laws regarding the transmission of technical data exported from
the United States.
User agrees not to upload, post, email, or otherwise transmit
through the Services: (a) any unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar, obscene,
indecent, tortuous, or otherwise objectionable material of any
kind; (b) any material that violates the rights of another, including,
but not limited to, the intellectual property rights of another; (c)
any material that violates any applicable local, state, national, or
international law or regulation; or (d) unsolicited or unauthorized
advertisements, promotional materials, "junk mail," "spam," "chain
letters," or other forms of solicitation. User agrees not to attempt
to gain unauthorized access to other computer systems or
networks connected to the Services. User acknowledges and
agrees that Company may ban User from future use of the
Services if User does not comply with Company's standards of
conduct, even if User attempts to use the Services through
another Partner or under a different name. Furthermore, User
acknowledges and agrees that Company may recover damages
from User if User abuses these terms.
8. INDEMNITY
User agrees to indemnify and hold Company, Partner, and their
third party service providers, and their parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of User's use of the Services, User's
connection to the Services, User's violation of this Agreement, or
User's violation of any rights of another.
9. STORAGE OF COMMUNICATIONS
Company, Partner, and their third party service providers assume
no responsibility for the deletion or failure to store email
messages, communications, or other content maintained or
transmitted through the Services. Company may establish an
upper limit on the extent of message storage it will maintain for
User.
10. TERMINATION
(a) User agrees that Company, Partner, or their third party service
providers may terminate User's password, account, or use of the
Services if Company, Partner, or their third party service providers
believe: (i) that User has violated or acted inconsistently with the
letter or spirit of this Agreement; or (ii) that User has violated the
rights of Company, Partner, or their third party service providers
or other users or parties. User further agrees that Company,
Partner, and their third party service providers may terminate
User's password, account, or use of the Services if User fails to
use the Services at least one time during a reasonable period of
time, which shall not be less than sixty (60) days, as determined
from time to time by Company and Partner.
(b) User agrees Company and Partner may immediately delete
User's account and all related information, communications, and
files, and may bar any further access to such account,
communications, files, or the Services under any provision of this
Agreement. User also acknowledges and agrees that termination
of any of the Services may be effected without prior notice.
11. LINKS
The Services may provide, or users may include in email or
community postings, links to other Web sites or resources. User
acknowledges and agrees that Company, Partner, and their third
party service providers are not responsible for the availability of
such external sites or resources, and that Company, Partner, and
their third party service providers do not endorse and are not
responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not
limited to, text, software, music, sound, photographs, graphics,
video, or other material contained in sponsor advertisements or
information presented to User through the Services or third party
advertisers is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. User acknowledges
and agrees that User is permitted to use this material and
information only as expressly authorized by Company, Partner, or
advertisers, as applicable, and may not copy, reproduce, transmit,
distribute, or create derivative works of such content or
information without express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
(b) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(c) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, PARTNER, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital
Millennium Copyright Act, Company has a policy providing for termination of account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
15. AMENDMENT
Company may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting or other
method of notification to User, which notice may be provided on
the pages through which User accesses or uses the Services.
User's continued access or use of the Services shall be deemed its
conclusive acceptance of the modified Agreement.
16. GENERAL
Company's and Partner's third party service providers are
intended beneficiaries of this Agreement. Company shall not be
liable to User for any breach by Partner of this Agreement or the
Privacy Policy. This Agreement and the relationship between User
and Company and Partner shall be governed by the laws of the
State of California without regard to its conflict of law provisions.
User, Company, and Partner agree to submit to the personal and
exclusive jurisdiction of the courts located within the state of
California. The failure of Company, Partner, and their third party
service providers to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and rule the other
provisions of this Agreement remain in full force and effect. User
agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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