User Agreement / Terms And Conditions
(For Users, Organizations and Managers - Last Updated July 1st, 2021)
Golf Played Inc. (also referred to as GolfPlayed or GolfPlayedTM) and Spotlight Social Platform (also referred to as Spotlight) is a company registered in Delaware, US and Ireland, Europe that has since 2017 invested into the development of a multi-feature community application (APP) including a management platform and dashboard and additional API’s and gateway functionality. This App and its features are aligned to product offerings of the giant market players like Facebook, Linked in, WhatsApp and other social media, but with a more tailormade, private and closed community / club like market approach and focus.
We take data privacy seriously. This User Agreement and Terms and Conditions explain who we are, how we handle personal data and personal information, and how users can exercise their privacy rights.
The Platform comprises the following elements:
- GolfPlayed Mobile App
- Spotlight Social Mobile App
- GolfPlayed and Spotlight Social Web App’s
- Dashboard System for Organizations
- GolfPlayed and Spotlight Social websites
- GolfPlayed and Spotlight Payment Gateway
The above elements are collectively referred to as our/the “Platform” which is owned and operated by GolfPlayedTM.
We provide an enhanced community communications system, a loyalty/rewards system, payment gateway, social network and online Platform for individuals, organizations, clubs, associations and businesses of all types and sizes (collectively referred to as “clients”), as well as for their end users, members, customers and consumers.
Users of the Platform will generally download the mobile app and the assigned administrators will additionally receive access to the Dashboard system via the web interface. Notices appear on the client facing elements of the Platform informing users that when using any part of our Platform, products and/or Offerings, users are agreeing to our Terms and Conditions as contained in the User Agreement.
By accepting the Terms and Conditions users are entering into a legally binding agreement.
1.1 Visions of GolfPlayed and Spotlight Social
The vision of GolfPlayedTM is to create the ultimate global golf community which is facilitated by establishing a database of likeminded individuals who record, recall and relive their golfing experiences, share these with friends and track performance through stats, leaderboards, reports and other tools on the Platform. Users will share information across the Platform freely and respect the privacy of other users and members registered on the Platform.
The vision of Spotlight Social is to establish an effective, state-of-the-art communications platform that allows clubs, businesses and other organizations to effectively communicate with their members, guests and customers as well as providing business enhancement tools that assist our clients in growing their businesses and improving profitability. Users of the Platform, via the mobile and web interfaces, have access to the latest tools to facilitate communication with other users on the Platform.
You agree that by clicking “I Agree” or “Join GolfPlayed”, or “Sign Up” or “Join Spotlight” or “Join Spotlight Social” or Login to the web interface, or similar, registering, accessing or using our websites, our related mobile and web apps, web portals, developer platforms, databases, API’s, premium services, payment gateway or any content or information provided as part of these services, collectively, “Offerings” or “Platform”, you are entering into a legally binding agreement (whether you are using the Offerings on behalf of a company or as individual).
Irrespective of where you reside this agreement is with Golf Played Inc. a company incorporated in Delaware, USA (“GolfPlayedTM ”)
This Agreement applies to registered users, Spotlight Social users, users of the Dashboard system, employees of organizations that access the Platform as well as members and visitors alike.
1.3 Agreement pertaining to user personal information uploaded to the Platform by an individual or organization ahead of the user accepting the Terms and Conditions.
To facilitate the invitation and sign-in procedure clubs, businesses and other organizations may load personal user information of their members, clients and stakeholders onto the Platform ahead of the user signing up to the Platform and agreeing to the Terms and Conditions as contained in the User Agreement.
We commit that until a user has signed in to the Platform and agreed to the Terms and Conditions thereby activating the legally binding the User Agreement the following will apply:
- The usage of the provided data as described in clause 2.6. is suspended for this period until the user has signed into the platform.
- We will not communicate with any users that have not entered into a binding legal agreement with us, other than to encourage them to activate their account and download the Platform.
- The organization or individual that uploaded the client personal information does not currently have the ability to remove a user from the database directly, although they can remove the user from their facility and communities on the Dashboard system. The organization would request that we delete the user or list of users from the database.
- In the event that we are requested to delete this personal information then we will remove any personal information from the database forthwith in the event that the organization or individual that uploaded the information requests, in writing, that we do so.
- We will remove a client’s personal information from the database forthwith in the event that a client requests, in writing, that we do so.
- Access to this personal information will only be available to our internal database team, our programming team and our management team, all of whom have signed Confidentiality Agreements with GolfPlayedTM.
- The notifications element of the Platform will send email messages to users that have activity on the Platform and who have not yet activated their account. The user will always have the option to opt out of any communications, on the email sent by the system.
- Once a user has signed into the Platform then they will have directly entered into a legally binding agreement with GolfPlayedTM and the user will have the right to delete their profile and record from the Platform, or may directly request that GolfPlayedTM removes their record from the database. Once a user has signed into the Platform then this overrides the clients right and authority to request that a user’s record is removed from the Platform.
You agree that we may provide notices to you in the following ways:
- a banner notice on the Platform,
- an email sent to an address you provided
- a text message or chat message to a mobile number that you provided
- notifications to your general notifications area of your mobile or desktop device
- through other means including social media, mobile number, telephone, or mail.
You agree to keep your contact information up to date.
To use the Offerings, you agree that you are eligible in terms of the laws of your country to participate and transact on the Platform including the collection, storage and use of your information.
By registering on the Platform and availing yourself of the Offerings you agree that you are responsible for the account and that you will conduct the account in a responsible manner.
Should you purchase any of our paid Offerings, either on your own behalf or on behalf of an organization, you agree:
- To pay us the applicable fees and taxes, and
- Your purchase may be subject to foreign exchange fees or price differences due to exchange rate fluctuation.
- In the event that you subscribe for a ‘Paid for Service’, take out a Membership or any recurring debit Offering then you authorize us or our trusted service provider to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service and to facilitate easy payment for new Offerings.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
2.5 Information and data that we collect
Our commitment: We will NOT USE personal data and personal information for any other purpose that is not defined in this User Agreement.
The personal information and data that we may collect or receive broadly falls into the following three categories:
2.5.1 Information and data we receive about users from our clients, our members or other users. We may receive personal information about users as a result of services that we offer to clients and other users. For example, when a client uploads their membership base or integrates to other services or when a user signs up to the Platform then they may provide us with certain contact information or other personal information, such as name, email address, address or telephone number. Users have the opportunity to update some of this information via the mobile apps, where they are able to manage their preferences and privacy settings.
- Device information: We collect information about the device and applications used to access emails sent through our Offerings, such as IP address, operating system, browser ID, and other connection and system specific information.
- Product usage data: We collect usage data whenever a user interacts with emails or other communications sent through the Platform, which may include dates and times that emails were accessed, and browsing activities (such as what pages are viewed).
- We also collect information and data regarding the performance of the Offerings, including metrics related to the deliverability of emails and other electronic communications that have been sent through via the Platform. This information allows us to improve the content and operation of the Offerings.
2.5.3 Information and data we collect from other sources: From time to time, we may obtain information about users from third-party sources, such as social media platforms and third-party data providers. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.
2.6 Use of Personal Information and Data
We may use the personal data and information we collect or receive about users for our legitimate business interests, including:
- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- For our data analytics projects. Our data analytics projects use data which includes the personal information of users, to provide and improve the Offerings. Users have the option to opt out of data analytics projects by emailing [email protected]
- Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.
2.7 Cookies and Tracking Technologies
We and our partners may use various technologies to collect and store information when users interact with the Platform, and this may include using cookies and similar tracking technologies, such as pixels and web beacons.
2.8 Legal Basis for Processing
We process personal information about users where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.
Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; and ensuring the security of the Offerings and our websites.
2.9 Other Data Protection Rights
Users may have the following data protection rights:
- To access, correct, update or request deletion of their personal information. We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date.
- In addition, users who are residents of the European Economic Area, can object to processing of their personal information, ask us to restrict processing of their personal information or request portability of this personal information. Users can exercise these rights by emailing us at [email protected]
- Users have the right to complain to a data protection authority about our collection and use of their personal information, and can find out more about these rights by contacting their local data protection authority.
2.10 Messages, Newsfeeds and Sharing
Our Offerings allow messaging and sharing of information in a multitude of ways. Any information and content that users share or post may be seen by other registered users or, if made public, by visitors.
Where we have made settings available, we will honor the choices that users make about who can see content or information.
We are not obliged to publish or display any information or content on our Platform and can remove it in our sole discretion, with or without notice and without the obligation to inform the publisher.
- Messages within the chat facility and newsfeeds sit on the server and will only be available to parties that are added to the respective chat or newsfeed whether it is an individual chat, a group chat or any newsfeed.
- The content of the messages will not be shared with any third parties that have not been invited or added by the users to the chat.
- Content and media published on the chat facility or newsfeed will not be made available to other users by us.
- Chats and newsfeeds are subject to moderation and the administrator can remove any content at their discretion.
- GolfPlayed™ is not bound to retain messages on the server indefinitely.
- GolfPlayed™ has data-at-rest encryption on its database files but does not offer end-to-end encryption on any of its Offerings. The chat facility is not intended for the exchange of confidential information.
- We will allow users and third parties, like businesses, to communicate with each other using GolfPlayed™. For example, users may receive tee time information for upcoming golf bookings, a receipt for something they purchased, or a notification when a delivery will be made. These messages may contain marketing information or an offer for something that may be of interest to users.
- We do not want users to have a spam type experience; as with all messages, users can manage these communications, and we will honor the choices they make.
- User contact details, profile name and photo, last seen status, and receipts may be available to anyone who uses our Offering, although users can configure their settings to manage certain information visible to other users.
- Other users with whom there is communication by a user may store or re-share their information (including phone number or messages) with others on and off our Offerings. Users can access the settings area of our Platform to manage their own Privacy settings.
- We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Offerings. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.
- When using third-party services that are integrated with our Offerings, they may receive information from us, relating to what users have shared with them.
- If users interact with a third-party service linked through our Offerings, they may be providing information directly to such third party. When using third-party services, their own terms and privacy policies will govern the use of those services.
- We collect Offering-related, diagnostic, and performance information. This includes information about user activity (such as how they use our Offerings, how they interact with others using our Offerings, and the like), log files, and diagnostic, crash, website, and performance logs and reports.
- We collect device-specific information when users install, access, or use our Offerings. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if location features are activated, such as when users choose to share their location with contacts or view locations nearby or those others users have shared.
2.11 Objectionable Content
Objectionable Content may not be submitted to Our Offerings. We retain the right to moderate all or any content. In the event that content is reported to us as potentially being Objectionable Content then we will review this content and ultimately decide whether or not to allow the content to remain as posted. Should we, in our sole discretion, decide that the reported content violates the spirit of our content policy, and as such constitutes Objectionable Content, then we shall either edit the content or delete the post/posts so that our Objectionable Content Policy is adhered to.
Objectionable Content includes, but is not limited to:
- sexually explicit materials;
- obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;
- content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
- content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and
- gambling, including without limitation, any online casino, sports books, bingo or poker.
We may notify the poster that their content has been amended or deleted, which will be determined by the report, the content itself and the decision taken.
3. Rights and Limits
3.1 Ownership of Materials and Information
As between you and GolfPlayedTM, you own the content and information that you submit or post to the Offerings and you hereby grant GolfPlayedTM the following non-exclusive worldwide, transferable and sub-licensable right to display, use, copy, modify, distribute, publish, and process, information and content that you provide through our Offerings, without any further consent, notice and/or compensation to you or others.
These rights are subject to the following:
- You can end this license for specific content by deleting such content from the Offerings.
- Other Registered Users, Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- As you own your content and information and we only have non-exclusive rights to it. You may choose to make it available to others.
- Clubs, Businesses and other organisations will from time to time load content onto the Platform, and by doing so (whether they own the rights to the content directly or indirectly) they grant GolfPlayedTM the non-exclusive rights to display and utilize this content in terms of this agreement.
By submitting suggestions or other feedback regarding our Offerings to GolfPlayedTM , you agree that GolfPlayedTM can use and share (but does not have an obligation to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that the profile information provided by you will be truthful and accurate.
We may change, suspend or end any Offering, or change and modify prices in our sole discretion, and will where necessary give you notice of any changes.
GolfPlayedTM is a service for recording your golf experiences as well as facilitating various communications between registered users on the Platform, but does not function as a cloud storage service.
Spotlight Social is a service that allows clients and individuals to communicate, to post information and to retrieve information that has been posted by themselves or others.
3.3 Fair Use Policy
Although the Platform does not operate as a cloud storage service, users will utilize the Platform to store memories and other appropriate content in the cloud.
Each individual user is allocated a finite amount of online storage as a starting point. This may be increased as the Platform matures.
In the event that a user exceeds this online storage amount then they will receive a notification offering them the opportunity of purchasing additional cloud storage.
Each organization is allocated a finite amount of cloud storage as part of the Plan that they have selected.
In the event that the organization exceeds the online storage allocations then they will receive a notification offering them the opportunity of purchasing additional cloud storage.
In the event that a user elects not to purchase additional storage then the oldest content will be automatically replaced by the Platform with current content. Users will be given at least 30 days notice that they are reaching the cloud storage thresholds.
In the event that an organization elects not to purchase additional storage then the oldest content will be automatically replaced by the Platform with current content. Organizations will be given at least 30 days notice that they are reaching the cloud storage thresholds.
Communities that are linked to Facilities or Associations or Enterprises will use the storage allocation of the organization. Communities may be set up by individual users that are not linked to either a Facility, Association or Enterprise will use the storage allocation of the individual.
GolfPlayedTM reserves the right to amend the cloud storage allocations from time to time and users will be notified in advance of any changes.
In addition to cloud storage limits the number of emails, push notifications, broadcast messages and other communications that a user may send are subject to a fair use policy. In the event that a user or organization is flagged as being above the norms then this user will be informed and offered the option of purchasing communications bundles that will allow them to continue using the platform.
The thresholds for all communication limits will be published by GolfPlayedTM and will be updated from time to time.
Users that do not abide by the fair use policies as published from time to time will be restricted from using the Platform.
3.4 Third Party Content
By using the Offerings, users may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GolfPlayedTM is not obliged to actively review or check content provided by our Users. You agree that we are not responsible for third parties (‘including other Users’) content or information or for any damages as result of your use of or reliance on it.
- Information Others Provide About You. We receive information other people provide us, which may include information about you. For example, when other users you know use our Offerings, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.
- Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Offerings. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Offerings, and market our Offerings. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
GolfPlayedTM reserves the right to restrict, suspend, or terminate your account if GolfPlayedTM believes that you may be in breach of this Agreement or law or are misusing the Offerings.
GolfPlayedTM reserves all of its intellectual property rights in the Offerings including logos, trademarks, patents, service marks and graphics used in connection with GolfPlayedTM or Spotlight Social.
4. Disclaimer and Limit of Liability
4.1 No Warranty
To the extent allowed by law, GolfPlayedTM , its service providers, partners, associates and staff:
- make no implied warranties and/or representations
- do not guarantee that the Offerings will function without interruption or errors
- provide the Offerings including content and information on an ‘AS IS’ and ‘AS AVAILABLE’ basis
4.2 Limit of Liability
To the extent allowed by law, GolfPlayedTM, its service providers, partners, associates and staff shall not be liable to you or any other party for any indirect, incidental, consequential or punitive damages or any loss of data, reputation, profits, income or opportunities pursuant to the use of the Platform or the Offerings.
In no way shall the liability of GolfPlayedTM, its service providers, partners, associates and staff exceed the amount that you have paid for the use of the Offerings.
This limitation of liability is an integral part of the Agreement between you and GolfPlayedTM and shall apply to all claims of liability, including but not limited to warranty, negligence, contract and general law.
Either party may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Offerings. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Users, Members' and/or Visitors' rights to further share content and information you shared through the Offerings;
- Any amounts owed by either party prior to termination remain owed after termination. Clients that have contracted with GolfPlayedTM for one of the paid plans and who have received discounts that may have been applied to upfront/pre-paid payment options, will be entitled to a refund of the unutilized portion of the pre-paid plan less any discount that would have been applied to these plans.
6. Dispute Resolution
You agree that the laws of the State of Delaware, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Offerings.
7. General Terms
If a court with authority over this Agreement finds any part of it not enforceable, the parties agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to the removal of the unenforceable part and that the balance of the Agreement remains in-tact and enforceable.
To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Offerings) is the only agreement between us regarding the Offerings and supersedes all prior agreements for the Offerings.
If we don't act to enforce a breach of this Agreement, that does not mean that GolfPlayedTM has waived its right to enforce this Agreement.
You may not assign or transfer this Agreement to anyone without our prior written consent. However, you agree that GolfPlayedTM may assign this Agreement to its affiliates or a party that buys it without your consent.
We reserve the right to change the terms of this Agreement at our sole discretion and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Offerings.
You agree that the only way to provide us legal notice is at the addresses provided in this Agreement.
8.1 You agree that you will:
- Use the Offerings in a professional manner;
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
8.2 You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on the Platform;
- Misrepresent your affiliations and club memberships;
- Misrepresent your scores or the golf courses which you have played;
- Misrepresent any information captured onto the Platform;
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcome communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of GolfPlayedTM, including, without limitation, using the word “GolfPlayed” or “Spotlight Social”or our logos in any business name, email, or URL;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by GolfPlayedTM;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Offerings;
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Offerings (except as expressly authorized);
- Copy or use the information, content or data on the Platform in connection with a competitive service (as determined by GolfPlayedTM);
- Copy, modify or create derivative works of GolfPlayedTM, the Offerings or any related technology (except as expressly authorized by GolfPlayedTM);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Offerings or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by GolfPlayedTM without our express consent (e.g., representing yourself as an accredited GolfPlayedTM sales agent);
- Rent, lease, loan, trade, sell/re-sell access to the Offerings or related any information or data;
- Sell, sponsor, or otherwise monetize a GolfPlayedTM Group or any other feature of the Offerings, without GolfPlayedTM's consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Platform;
- Remove, cover or obscure any advertisement included on the Offerings;
- Collect, use, copy, or transfer any information obtained from the Platform without the consent of GolfPlayedTM;
- Share or disclose information of others without their express consent;
- Monitor the Offerings' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Offerings;
- Override any security feature of the Offerings;
- Interfere with the operation of, or place an unreasonable load on, the Offerings (e.g., spam, denial of service attack, viruses, gaming algorithms).
We respect the intellectual property rights of others. We require that information posted by Registered Users or Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. Contact Us
If you want to send us notices or service of process, please contact us:
ONLINE at: https://GolfPlayed.com /contact-us/
OR BY EMAIL at:
OR BY MAIL at:
For Members in the United States:
Golf Played Inc.
Attn: Agreement Matters (Legal)
735 Glenforest Rd
Atlanta, GA, 30328
For Members outside the United States:
Golf Played Limited (Ireland)
Attn: Agreement Matters (Legal)
735 Glenforest Rd
Atlanta, GA, 30328