Usage Agreement |
1.
ACCEPTANCE OF TERMS OF USAGE AGREEMENT
TeeSlot
provides its service to you, subject to the following Usage Agreement, which
may be updated by us from time to time without notice to you. You can review
the most current version of the Usage Agreement at any time on this web site.
In addition, when using particular TeeSlot services, you and TeeSlot shall be
subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the Usage Agreement.
2.
DESCRIPTION OF SERVICE
TeeSlot
currently provides users with access to requesting and confirming tee times for
various golf courses (the "Service"). You also understand and agree
that the Service may include advertisements and that these advertisements are
necessary for TeeSlot to provide the Service. You also understand and agree
that the service may include certain communications from TeeSlot, such as tee
time confirmation messages, and that these communications are considered part
of TeeSlot membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new TeeSlot properties, shall be
subject to the Usage Agreement. You understand and agree that the Service is
provided "AS-IS" and that TeeSlot assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications.
You
are responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or TeeSlot has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, TeeSlot has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). TeeSlot is concerned about the safety and privacy of all its users,
particularly children. For this reason, children under the age of 13 are not
allowed to use the Service.
4.
TEESLOT PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy located on this web site.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify
TeeSlot of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of each
session. TeeSlot cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6.
MEMBER CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not TeeSlot, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the Service.
TeeSlot does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will TeeSlot be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You
agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a TeeSlot
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
h.
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
j.
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k.
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, any regulations having the
force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You
acknowledge that TeeSlot does not pre-screen Content, but that TeeSlot and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, TeeSlot and its designees shall have the right
to remove any Content that violates the Usage Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by TeeSlot or submitted to TeeSlot
in all parts of the Service.
You
acknowledge and agree that TeeSlot may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Usage Agreement; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of TeeSlot, its users and the public.
You
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TeeSlot
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant TeeSlot
the following world-wide, royalty free and non-exclusive license(s), as
applicable:
With
respect to Content you submit or make available for inclusion on publicly
accessible areas of TeeSlot, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific area to which such
Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will
terminate at the time you remove or TeeSlot removes such Content from the
Service.
With
respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or TeeSlot removes such Content from the Service.
With
respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other
than TeeSlot Clubs or TeeSlot Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the TeeSlot network of
properties that are intended by TeeSlot to be available to the general public.
By way of example, publicly accessible areas of the Service would include
TeeSlot Club News and TeeSlot Club Information that are open to both members
and visitors. However, publicly accessible areas of the Service would not
include portions of TeeSlot that are limited to members.
9.
INDEMNITY
You
agree to indemnify and hold TeeSlot, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the Usage Agreement, or your violation of any rights
of another.
10.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the
Service.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that TeeSlot may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that information will be retained by the Service, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree that
TeeSlot has no responsibility or liability for the deletion or failure to store
any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that TeeSlot reserves the right to
log off accounts that are inactive for an extended period of time. You further
acknowledge that TeeSlot reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12.
MODIFICATIONS TO SERVICE
TeeSlot
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that TeeSlot shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
13.
TERMINATION
You
agree that TeeSlot, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if TeeSlot believes that you have violated or acted
inconsistently with the letter or spirit of the Usage Agreement. TeeSlot may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this Usage Agreement may be
effected without prior notice, and acknowledge and agree that TeeSlot may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that TeeSlot shall not be liable to you or any
third-party for any termination of your access to the Service.
14.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that TeeSlot shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15.
LINKS
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because TeeSlot has no control over such sites and
resources, you acknowledge and agree that TeeSlot is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that TeeSlot shall not be responsible or liable, 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 site or resource.
16.
TEESLOT'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by TeeSlot or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
TeeSlot
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by TeeSlot for use in accessing the Service.
17.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TEESLOT EXPRESSLY
DISCLAIMS 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.
b.
TEESLOT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEESLOT
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE USAGE AGREEMENT.
18.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT TEESLOT SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF TEESLOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20.
NOTICE
Notices
to you may be made via either email or regular mail. The Service may also
provide notices of changes to the Usage Agreement or other matters by
displaying notices or links to notices to you generally on the Service.
21.
TRADEMARK INFORMATION
TeeSlot
and the TeeSlot logo are trademarks of TeeSlot (the "TeeSlot Marks").
Without TeeSlot's prior permission, you agree not to display or use in any
manner, the TeeSlot Marks.
22.
COPYRIGHTS and COPYRIGHT AGENTS
TeeSlot
respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide TeeSlot's Copyright Agent the following
information:
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
a
description of where the material that you claim is infringing is located on
the site;
your
address, telephone number, and email address;
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;
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.
TeeSlot's Agent for Notice of claims of copyright or
other intellectal property infringement can be reached via email using the following link: http://TeeSlotSupport.TeeSlot.com/
.
23.
GENERAL INFORMATION
The
Usage Agreement constitute the entire agreement between you and TeeSlot and
govern your use of the Service, superceding any prior agreements between you
and TeeSlot. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The Usage Agreement and the relationship between you and TeeSlot
shall be governed by the laws of the State of Texas without regard to its
conflict of law provisions. You and TeeSlot agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Harris,
Texas. The failure of TeeSlot to exercise or enforce any right or provision of
the Usage Agreement shall not constitute a waiver of such right or provision.
If any provision of the Usage 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 the other provisions of the Usage Agreement remain in full force
and effect. You agree 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 Service or
the Usage Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The
section titles in the Usage Agreement are for convenience only and have no
legal or contractual effect.
24.
VIOLATIONS
Please report any violations of the Usage Agreement
via email using the following link: http://TeeSlotSupport.TeeSlot.com/
.
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