LPGA.COM Website Terms and Conditions
Effective Date: August 4, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING LPGA.COM ("Site"). The following website terms and conditions agreement ("Agreement") governs your use of the Site. Access and use of this Site represents your acceptance of this Agreement. In order to access the Site, you must have access to the World Wide Web and pay any and all associated service fees therewith. This Agreement may be amended by the LPGA, at its sole discretion, and shall be enforceable immediately after the revised version is posted online; thereafter, your continued use of the Site constitutes your acceptance of such amendment. If you do not accept the terms of this Agreement (and any amendments thereto), do not use the Site. Please print a copy of this document for your records.
TABLE OF CONTENTS
1. Ownership and Use Restrictions. This Site is owned by the Ladies Professional Golf Association, Inc. ("LPGA"). All materials contained or distributed on this Site (including, without limitation, video, audio, photos, text, images, software, statistics, updated scores, logos and all other intellectual property related to the LPGA) ("Content") are either owned by or licensed to the LPGA. The owners and licensors retain all rights to the Content, including, without limitation, all copyrights, trademarks, and other proprietary rights, however denominated, notwithstanding whether or not appearing in large print or with property symbol status. Except as otherwise expressly permitted under law, use of any and all such proprietary Content contained on the Site is strictly prohibited without the LPGA's express prior written consent. Specifically, without limitation, you shall not alter, reproduce, republish, display, reuse, upload, post, repost, link to, transmit, commercially exploit, create derivative works of, distribute, seek trademark or copyright registration of, copy, publicly display or otherwise use or misuse the Content without the express prior written permission of the LPGA.
Furthermore, with regard to the design and Content of the Site, the LPGA owns a copyright in the source code, selection, coordination, arrangement and enhancement of Content, as well as in the content original to it. Unless otherwise stated herein, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content displayed on the Site. The LPGA acknowledges that you may use the Site and the Contents solely for non-commercial and informational purposes only, and may download one (1) copy of the Content on any single household computer for your personal, non-commercial home use; provided, that you also maintain all copyright and other proprietary notices contained on the Content (even if such notices are not contained in the Content). In turn, you expressly acknowledge that you do not acquire any ownership rights by downloading Content on the Site and you further acknowledge that the LPGA may seek all available remedies at law or in equity in the enforcement of its intellectual property rights.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), the LPGA has designated an agent to receive copyright infringement notices related to the Site. All copyright infringement notices must be submitted to the LPGA's designated agent, in a manner consistent with the DMCA. The designated agent's contact information is: LPGA Legal Department, Attn: Josh Kane, Assistant Counsel, 100 International Golf Drive, Daytona Beach, FL 32124.
2. Links. The Site may contain links to other world wide websites and resources. The links are provided only as a convenience, and you acknowledge that the LPGA has no control over such sites and resources. Additionally, you agree that the LPGA 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, other services, or other materials on or available from such sites or resources.
An online website associated with an entity that promotes any product, brand, or service ("Commercial Site") shall not link to the Site without the written permission of the LPGA. To seek permission, contact the LPGA Legal Department, Attn: Josh Kane, 100 International Golf Drive, Daytona Beach, FL 32124. For sites other than Commercial Sites, you may link to the Site without obtaining the LPGA's permission only if:
(a) You do so through a plain-text link;
(b) The link is distinctly and spatially separate from, and not otherwise remotely associated with, any advertising and sponsorship materials, or any other commercial materials on the page containing the link;
(c) Your website links to, but does not copy or otherwise infringe Content;
(d) You and your web site do not present false or misleading information about the LPGA or any of its tournaments, players, staff, products or services;
(e) Your website does not include any content that would, within the LPGA's sole discretion, be considered distasteful, vulgar, obscene, offensive or controversial;
(f) Your website does not infringe upon the intellectual property rights of another person or entity;
(g) Your website does not cause irreparable harm to the name or goodwill of the LPGA;
(h) Your website does not make any textual misrepresentations which imply any relationship with the LPGA; and
(i) Your site does not solicit or engage in the promotion of illegal activity;
Notwithstanding the above, the LPGA reserves the right, in its sole and absolute discretion, to deny or rescind permission to link to the Site from any website and to require termination of any link to the Site.
3. Lawful Use. In addition to the term of this Agreement, you must comply with all applicable laws and regulations in connection with your use of the Site. Your use of this Site acts as a representation and warranty by you that you will not use the Site for any purpose that is either unlawful or prohibited by this Agreement.
5. User Conduct. You are responsible for, and assume all liability associated with, any Submissions, whether through chat rooms, message boards, chats with special guests, games, e-mail, video submissions, customer reviews, online polls and petitions, or in any fashion or forum. The LPGA shall have the right to edit, refuse to post or remove any of your Submissions, in its entirety or in part. Similarly, the LPGA shall, in its sole discretion, have the right, but not the obligation, to review, edit or delete any of your Submissions that either violate any term of this Agreement, or is otherwise illegal, offensive or inappropriate.
Without limiting the foregoing, you specifically agree not to post, distribute, transmit or broadcast, communicate or store information or other material on, to or through the Site that:
(a) Is copyrighted, trademarked, or otherwise protected as proprietary material, unless you are the owner or valid licensee to such materials and you have the right to grant the LPGA such rights and licenses (for avoidance of doubt, it is your responsibility to determine whether such materials are protected and you represent that you will not infringe any intellectual property rights of others or the privacy or publicity rights or others);
(b) Is unlawful, threatening, sexually-explicit, pornographic, indecent, obscene, hateful, racially or sexually offensive, abusive, defamatory, invasive of privacy or publicity rights, vulgar, profane or otherwise objectionable, or embarrassing to any other person or entity, as the LPGA may determine in its sole discretion, or is in violation of applicable laws;
(c) Constitutes, advocates, sponsors, promotes, or encourages conduct that would constitute a criminal offense or incite violence, give rise to civil liability or otherwise violate any local, state, national, provincial, or international law;
(d) Contains advertising, promotional material, or any solicitation with respect to products or services, chain letters or pyramid and/or ponzi schemes, contests, or other solicitation tactics asking Site users to become users of other online information services competitive with the Site;
(e) Imposes an unreasonable or disproportionately large load on the Site's infrastructure, or limits or hampers, in the LPGA's sole discretion, any other user from using the Site; or
(f) Contains a virus (trojan horse, worm, time bomb, etc.), denial or service attacks, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, secretly intercept or seize or sequester any system, network, data, or information.
Additionally, you agree not to:
(a) Use any incomplete, false, outdated, or inaccurate biographical information or other information for purposes of registering for any opportunities available on the Site, or for purposes of registering for any promotions offered through the Site;
(b) Delete, cancel, or amend any and all Site materials or other information of any other user of the Site;
(c) Use, assist, or permit others to use, the Site by automated electronic processes, "spiders," "robots," "web crawlers," "scrapers," "web extractors," "web grabbers," or other software programs, engines, tools, agents or other devices or mechanisms that monitor, copy or download data, or other content found or accessed through the Site, including, without limitation, real time scoring, video, audio, statistics, e-mail addresses, or data content, whether current or archived;
(d) Allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(e) Interfere with, disrupt, translate, decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the software comprising or in any way making up part of the Site.
6. Site Security. You agree that violations of system or network security may result in civil and/or criminal liability. The LPGA may internally investigate violations of its Site security, and it may involve or cooperate with law enforcement authorities in the prosecution of such violations. Additionally, the LPGA reserves the right to disclose information about you, and your use and conduct on the Site, if appropriate or required to satisfy any applicable law, regulation, arbitration hearing, court order, or government inquiry. User specifically agrees that it will not:
(a) Access data not intended for you or log into a server or account not authorized for your access;
(b) Attempt to probe or test, in any manner, the vulnerability of the system or network or to breach security or authentication measures; or
(c) Forge any TCP/IP packet header or any part of the header information in any e-mail or posting.
You expressly acknowledge that the LPGA shall not be responsible for losses or damages related to your use of the Site.
8. Registration, Username, Password. Registration may be required for the use of certain portions of the Site (including, without limitation, the LPGA e-newsletter). Registration may require you to submit a username and password for purposes of interacting with the Site. Your username must not violate any section of this Agreement. You must keep your username and password confidential, and shall not disseminate it to any other person. If you suspect the loss, theft, or any unauthorized use of your username and password, you must notify the LPGA immediately. Your registration shall not impose any duty on the LPGA to provide any particular service to you. If the terms of any LPGA registration agreement conflict with the terms of this Agreement, the separate registration agreement shall control.
9. Votes; Sweepstakes; Contests. The Site may offer you opportunities to vote in connection with certain special events and enter contests and sweepstakes. By participating in any such event, contest, or sweepstakes, you hereby consent to all special terms set forth therein, as well as the terms of this Agreement.
10. LPGA Pro Shop on LPGAProShop.com. The LPGA Pro Shop on LPGAProShop.com ("Store") allows you to order products ("Merchandise") supplied and managed by an independent merchandise vendor, Zouire, LLC ("Zouire"). In order to purchase Merchandise on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. By placing an order in the Store, you acknowledge that Zouire is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. By placing an order on the Store, you agree to pay Zouire all amounts accrued in your account, including sales tax, shipping and handling charges, and any other applicable taxes or fees, when due. You acknowledge and agree that your credit card is being charged by Zouire. Your ability to purchase Merchandise is subject to limits established by the LPGA, Zouire, or your credit card issuer. Zouire may bill your credit card at the time Merchandise is ordered. Zouire may, in its sole discretion, decline service to or terminate your Site account without notice. All purchases are subject to product availability. The LPGA expressly disclaims responsibility or liability for any damages, loss or injury arising out of the activities of Zouire, the Merchandise offered by Zouire, any loss or injury resulting from your access or inability to access the Store, and any loss or injury arising out of your purchase or use of any Merchandise or the Site. The LPGA reserves the right to limit the order quantity on any product or service. If personalizing a piece of Merchandise is an option, the LPGA reserves the right, in its sole discretion, to refuse to fulfill any order for personalized content Merchandise that the LPGA believes to be illegal, offensive, or inappropriate. Questions related to the Store, Merchandise and its fulfillment should be directed to Zouire at 7226 West Frontage Road, Merriam, Kansas 66203.
With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):
SALE of autographed sports memorabilia: As required by law, a dealer who sells to a consumer any sports memorabilia described as being autographed must provide a written certificate of authenticity at the time of sale. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any collectible sold by this dealer.
Pursuant to New York Arts and Cultural Affairs Laws, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006), the following notice is provided:
Sale of autographed sports memorabilia: As required by law a dealer who sells to a consumer any sports memorabilia described as being personally autographed for twenty-five dollars or more must provide a written certificate of authenticity at the time of sale.
The certificates of authenticity will be provided in the form of a certificate of authenticity or as a unique hologram affixed to the Merchandise itself.
11. Disclaimer of Warranties and Damages. Use of the Site and Merchandise are at your exclusive risk, and any associated risks of injury rest exclusively with you. The SITE and Merchandise are provided "as is." While the LPGA uses reasonable efforts to include accurate and up-to-date information on the Site, the LPGA makes no warranties or representations as to its accuracy, reliability or content of any information or Merchandise provided on the Site, and explicitly disclaims any warranty that the SITE will meet your needs or requirements. No representations or warranties are made of any kind whatsoever to you or any other person relating in any way to the site. To the maximum extent permitted by law, the LPGA disclaims any and all representations and warranties, either express or implied. Specifically, WITHOUT LIMITATION, the LPGA disclaims:
(a) All warranties for merchantability or fitness for a particular purpose;
(b) All warranties against infringement of any third party intellectual property or other proprietary rights;
(c) Warranties relating to THE DELIVERY, delays, interruptions, errors, or omissions in the site, or any part thereof; AND
(D) Warranties otherwise relating to performance, nonperformance, or other acts or omissions by the LPGA or any third party.
Furthermore, the LPGA does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States export laws. Any information on this Site is subject to change without notice, and the LPGA disclaims all responsibility for such changes.
12. Limitation of Liability. Under no circumstances, including without limitation, breach of contract, tort, negligence, strict liability, or any other basis, will the LPGA, or any party involved in creating, producing or delivering the Site, or any web site linked to or from the Site, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special or punitive damages (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the Site) arising out of or in any way related to the Site, your access, use or inability to use the Site or any web site linked to or from the Site, any content contained therein, transactions for Merchandise, for any breach in transaction security arising out of or relating to any attempt to purchase Merchandise or use the Site, or in connection with any failure of performance, errors, omissions, interruption, defects, untimeliness, delay in operation or transmission, computer virus or line or system failure, even if the LPGA or any third party has been advised of the possibility of such damages. the lpga reserves the right to alter the Content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for the possible consequences of such changes, despite whether the LPGA is put on notice of such consequences.
Because some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, the LPGA's liability in such jurisdictions shall be limited to the extent permitted by such laws. In no event shall the LPGA's total liability to you for all damages, losses, or causes of action arising under this Agreement exceed Seventy-Five Dollars ($75.00).
13. Indemnification. At the request of the LPGA, you hereby agree to defend, indemnify and hold the LPGA, Zouire, its affiliates, directors, officers, agents, licensors, co-branders, or other partners and employees, from and against all claims, liabilities, expenses, and damages (including reasonable attorneys' fees and expenses) made by any third party due to or arising out of your use or misuse of the Site, transactions for Merchandise, Content that you submit, post to or transmit through the Site, or any other violation of this Agreement or your violation of any rights of another.
14. Choice of Law; Jurisdiction For Disputes. This Agreement and any and all disputes related thereto shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of laws rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Florida or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Florida located in Volusia County. Such consent evidences your waiver of any argument regarding venue or inconvenience, or that any other court does, or would, have jurisdiction over any and all disputes related to this Agreement.
15. United States Jurisdiction. The Site is operated in the United States of America. The LPGA makes no representation or warranty that the Content presented on the Site are appropriate or available for use in locations outside of the United States. If you access the Site outside of the United States, you agree that you do so at your own will, and are responsible for complying with all applicable local laws and other rules.
16. No Waiver. The LPGA's failure, at any time, to demand strict performance or to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not mean it has waived its rights to subsequently enforce any terms or conditions of this Agreement, to act with respect to similar breaches, or to demand strict and complete performance of the covenants and conditions contained in this Agreement.
17. No Professional Advice. Any information supplied by any of the LPGA's employees or agents (including information contained on the Site), whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Site, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. If you decide to take a course of action on the basis of information provided by an LPGA employee(s) or agent(s) (including information contained on the Site), you do so at your own risk, and the LPGA shall not be liable for any damages related thereto.
18. Termination. The LPGA reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Site, with or without notice and with or without cause. Termination of your access to the Site means the revocation of the limited and temporary license and permission to use software and other resources of the Site under this Agreement. The provisions of this Agreement shall survive the termination of your access to the Site and of this Agreement.
19. Notices. The LPGA may give notice to users of the Site by means of a general notice on the Site, e-mail to your e-mail address if on record, or by written communication to your physical address if on the record, or by any other means by which users may obtain actual knowledge thereof. You may give notice to the LPGA (such notice shall be deemed given when received) at any time by (a) electronic mail to Josh.Kane@lpga.com; or (b) conventional mail. Notices to the LPGA via conventional mail must be sent to: Ladies Professional Golf Association, ATTN: Josh Kane, 100 International Golf Drive, Daytona Beach, FL 32124.
20. Violations. Please report any violations of this Agreement to Josh.Kane@lpga.com.
21. Miscellaneous. These website terms and conditions constitute the entire Agreement between you and the LPGA and govern your use of the Site, and supersede all prior and contemporaneous agreements, arrangements and understandings, written or oral, relating to the subject matter herein. The LPGA may accept a modification by you only if it evidences such a modification by a signed writing by one of the LPGA's authorized signatories. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the LPGA. If any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining provisions shall remain in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.