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Terms of Service

Updated:  March 2013

1. DEFINITIONS.

"PGATOUR.COM" is the interactive on-line service operated by PGATOUR.COM, LLC ("PGATOUR.COM") on the World Wide Web of the Internet, consisting of information services and content provided by PGATOUR.COM, PGA TOUR, Inc., their affiliates, and other third parties. “You” means each person who establishes a connection to PGATOUR.com for access to and use of PGATOUR.com. Any use of PGATOUR.COM in connection with your employment constitutes a representation and warranty that you have the authority to bind your employer to these Terms of Use.

2. GENERAL.

(A) PGATOUR.COM encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including PGATOUR.com.  PGATOUR.com is not intended for use by people under the age of thirteen (13).  If you are under the age of eighteen (18), you should not participate in contests or sweepstakes or other promotional opportunities on PGATOUR.com, nor should you post information to PGATOUR.com without a parent or guardian’s consent.

(B) These Terms of Use set forth the terms and conditions that apply to your use of PGATOUR.com. By using PGATOUR.com (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use PGATOUR.com is personal to you and is not transferable to any other person or entity. You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.

(C) PGATOUR.COM shall have the right at any time to change or discontinue any aspect or feature of PGATOUR.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by PGATOUR.COM or the practices of parties other than PGATOUR.COM who operate sites that may be linked to or from PGATOUR.com, such as www.shop.pgatour.com and TPC.com.

3. CHANGED TERMS.

PGATOUR.COM shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PGATOUR.com, or by electronic or conventional mail, or by any other means by which PGATOUR.COM may publicize notice thereof. Your use of PGATOUR.com after such notice shall be deemed to constitute your acceptance of such changes or modifications.

4. EQUIPMENT.

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of PGATOUR.com and all charges related thereto.

5. REGISTRATION OBLIGATIONS.

If you register with PGATOUR.COM, you agree to provide true, accurate, current and complete information about yourself. PGATOUR.COM has the right to suspend or terminate access and refuse any and all current or future use of PGATOUR.com (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if PGATOUR.COM reasonably suspects that you have provided untrue, inaccurate, or incomplete information.

6. SMS SUBSCRIPTIONS.

By subscribing to PGATOUR.COM mobile alerts, you certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder's permission, and agree to receive ongoing SMS messages from PGA TOUR. 10 messages are typically delivered per alert type per week based on specific subscription preferences. Service is available on select carriers. In addition to any entry, submission, donation or other fee of which you are notified, your carrier's standard message and data rates may apply. PGATOUR.COM will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from you in connection with SMS service may include your cell phone number, carrier's name, and date, time and content of message. Such information may be used by PGATOUR.COM to contact you and to provide services you request. You can cancel your alert subscription at any time by texting STOP to 53146. For more information text HELP to 53146 or call 877-571-0774.

7. CONDUCT.

(A) You shall use PGATOUR.com for lawful purposes only. You shall not post or transmit through PGATOUR.com any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without PGATOUR.COM's express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in PGATOUR.COM's discretion restricts or inhibits any other individual from using or enjoying PGATOUR.com will not be permitted. You shall not use PGATOUR.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with PGATOUR.com.

(B) You shall not use or permit or facilitate others to use PGATOUR.com by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through PGATOUR.com, including without limitation real time scoring, video, audio, statistics, polling, or data content, whether current or archival.

(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way PGATOUR.com or servers or networks connected to PGATOUR.com, or disobey any requirements, procedures, policies or regulations of networks connected to PGATOUR.com.

(D) Any gaming features that we make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using PGATOUR.com to gamble or wager on the result of any tournament. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to PGATOUR.com with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of these Terms of Use.

(E) You shall not create a frame, browser or border around any of the content of PGATOUR.com or link to PGATOUR.com without PGATOUR.COM’s prior express written permission (except that you may use a plain text-only link to the home page of PGATOUR.com, which link does not in any way imply a sponsorship or affiliation with PGATOUR.com, PGATOUR.COM, PGA TOUR, or any of its affiliates.

(F) PGATOUR.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PGATOUR.com are copyrighted as a collective work under United States copyright laws. PGA TOUR, Inc. and PGATOUR.COM own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PGATOUR.COM and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

(G) You shall not upload, post or otherwise make available on PGATOUR.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PGATOUR.com, you automatically grant, or warrant that the owner of such material has expressly granted, PGATOUR.COM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant PGATOUR.COM the right to edit, copy, publish and distribute any material you make available on PGATOUR.com. The foregoing provisions of Section 7 are for the benefit of PGATOUR.COM its, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

(A) YOU AGREE THAT USE OF PGATOUR.COM IS AT YOUR SOLE RISK. NEITHER PGATOUR.COM, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PGATOUR.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PGATOUR.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PGATOUR.COM. PGATOUR.COM IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  

 

(B) NEITHER PGATOUR.COM, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PGATOUR.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PGATOUR.COM.

(C) YOU AGREE THAT NEITHER PGATOUR.COM, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. MONITORING.

PGATOUR.COM shall have the right, but not the obligation, to monitor the content of PGATOUR.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PGATOUR.COM and to satisfy any law, regulation or authorized government request. PGATOUR.COM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PGATOUR.com. Without limiting the foregoing, PGATOUR.COM shall have the right to remove any material that PGATOUR.COM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless PGATOUR.COM, its parent company, and their respective affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PGATOUR.com by you or any third party.

11. TERMINATION.

Either PGATOUR.COM or you may terminate your access to and/or use of PGATOUR.com at any time. Without limiting the foregoing, PGATOUR.COM shall have the right to immediately terminate your access and/or use of PGATOUR.com in the event of any conduct by you which PGATOUR.COM, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 8, 10, 14 and 16 and this Section 11 shall survive termination of this Agreement.

12. LICENSED TRADEMARKS AND CONTENT.

PGATOUR.COM, PGA TOUR, TPC, SHOTLINK and the SWINGING GOLFER LOGO are trademarks of PGA TOUR, Inc., used here under license. All data from the ShotLink scoring system is also used under license from PGA TOUR, Inc.  All rights are reserved by the respective rights holders. All other trademarks appearing on PGATOUR.com are the property of their respective owners.

13. THIRD PARTY CONTENT.

PGATOUR.COM is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, PGATOUR.COM has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of PGATOUR.com, are those of the respective author(s) or distributor(s) and not of PGATOUR.COM. Neither PGATOUR.COM, its parent companies or affiliates, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through PGATOUR.com represents the opinions and judgments of the respective information provider, you, or other user not under contract with PGATOUR.COM. Neither PGATOUR.COM nor its parent companies or their affiliates endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PGATOUR.com by anyone other than authorized PGATOUR.COM or PGA TOUR, Inc. employee spokespersons while acting in their official capacities. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PGATOUR.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. PGATOUR.com may contain links to other third party web sites or resources. PGATOUR.COM has no control over such sites and resources, and you acknowledge and agree that PGATOUR.COM bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or resource.

14. PRIVACY POLICY.

Please refer to www.pgatour.com/company/privacy for information on how PGATOUR.COM collects, uses, and discloses your personal information.

15. COPYRIGHTS AND COPYRIGHT AGENT.

PGATOUR.COM respects the rights of all copyright holders and, in this regard, PGATOUR.COM has adopted and implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PGATOUR.COM's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PGATOUR.COM to locate the material; (iv) Information reasonably sufficient to permit PGATOUR.COM to contact the complaining party; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, PGATOUR.COM, dotcomfeedback@pgatourhq.com.  For web posting, reprint, transcript or licensing requests for PGATOUR.com material, please contact dotcomfeedback@pgatourhq.com. For any questions or requests other than copyright issues or licensing requests, please contactdotcomfeedback@pgatourhq.com.

16. MISCELLANEOUS.

This Agreement and any operating rules for PGATOUR.com established by PGATOUR.COM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws rules. You and PGATOUR.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. John's County, Florida.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.  In the event a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of these Terms of Use shall remain in full force and effect.  You must file any claim or cause of action arising out of or related to use of PGATOUR.COM or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred.  All rights not expressly granted to you herein are hereby reserved to PGATOUR.COM and its affiliates.