Terms of Service
Updated: November 2022
(A) PGATOUR.COM, LLC 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). Our policy is to not knowingly collect personal information from people under the age of thirteen (13), so if you believe that such personal data has been provided to us without parental or guardian consent, please contact us at email@example.com. We will work to have such personal information deleted from our systems. Subscribers under the age of eighteen (18) should not participate in contests or sweepstakes or other promotional opportunities on PGATOUR.COM, nor should they post information to PGATOUR.COM without a parent or guardian’s consent.
(C) PGATOUR.COM, LLC 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.
3. CHANGED TERMS.
4. EQUIPMENT; CHARGES.
5. REGISTRATION OBLIGATIONS.
If you register with PGATOUR.COM, you agree to provide true, accurate, current and complete information about yourself. PGATOUR.COM, LLC 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, LLC 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 Parties. 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. PGA TOUR Parties 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 PGA TOUR Parties 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.
(A) PGATOUR.COM is intended for your personal, noncommercial use only. You shall not use PGATOUR.COM or any of its data or other content for any commercial or business-related purpose, unless expressly licensed by PGATOUR.COM, LLC.
(B) 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, LLC's express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in PGATOUR.COM, LLC'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.
(C) 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, statistics, video, audio, polling or any other data or content (whether current or archival).
(D) You may use real time scoring, statistics and other data (whether current or archival) collected from PGATOUR.COM solely for legitimate news reporting and for personal, non-commercial purposes. You shall not use real time scoring, statistics or other data (whether current or archival) collected from PGATOUR.COM for sale, license or other commercial purposes (including without limitation commercial gambling purposes), unless expressly licensed by the applicable PGA TOUR Party.
(E) 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.
(F) Any gaming features that we make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes.
(G) 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, LLC’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, PGA TOUR or a PGA TOUR Party.
(H) 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. owns 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 exploitation of downloaded material will be permitted without the express permission of PGA TOUR, Inc. 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.
(I) 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, the PGA TOUR Parties 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 the PGA TOUR Parties 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 PGA TOUR Parties 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.
(B) NEITHER THE PGA TOUR PARTIES 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 THE PGA TOUR PARTIES 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.
You agree to defend, indemnify and hold harmless the PGA TOUR Parties 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.
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, the PGA TOUR Parties have 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 the PGA TOUR Parties. Neither the PGA TOUR Parties 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 a PGA TOUR Party. Neither the PGA TOUR Parties endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PGATOUR.COM by anyone other than authorized PGA TOUR Party 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. The PGA TOUR Parties have no control over such sites and resources, and you acknowledge and agree that the PGA TOUR Parties bear 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.
PGATOUR.COM may operate on or in connection with various products and services provided by various third parties, such as third party handsets (e.g., cell phones and smart phones), tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the foregoing disclaimers and limitations of liability, you acknowledge that the PGA TOUR Parties do not control such third parties or their products or services and that the PGA TOUR Parties shall not be responsible for such third parties or their products or services.
PGATOUR.COM may enable access to the PGA TOUR Parties’ and third party services and web sites. You understand that, by using PGATOUR.COM, you may encounter content that may be deemed offensive, indecent or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use PGATOUR.COM at your sole risk and that the PGA TOUR Parties shall not have any liability to you for content that may be found to be offensive, indecent or objectionable
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.
The PGA TOUR Parties respects the rights of all copyright holders and, in this regard, PGATOUR.COM, LLC 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, LLC'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, LLC to locate the material; (iv) Information reasonably sufficient to permit PGATOUR.COM, LLC 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, LLC, firstname.lastname@example.org. For web posting, reprint, transcript or licensing requests for PGATOUR.COM material, please contact email@example.com. For any questions or requests other than copyright issues or licensing requests, please contact firstname.lastname@example.org.
16. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; CHOICE OF LAW.
17. TERMS RELATED TO APPLE.
The following terms shall apply to the extent you use any Apple device (e.g., iPhone, iPad) to access PGATOUR.COM.
Without limiting the disclaimers and limitations of liability set forth above, to the maximum extent permitted by applicable law, (i) Apple will have no warranty obligations whatsoever with respect to PGATOUR.COM; (ii) Apple is not responsible for addressing any claims relating to the PGATOUR.COM or your possession or use thereof; and (iii) in the event of any third party claim that PGATOUR.COM or your possession or use thereof infringes that third party's intellectual property rights, Apple will not have any responsibility for such claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.