Terms And Conditions


 

User Agreement

(updated September 10th, 2017)

 

Welcome to GolfPlayed™. When you use our Platform, Apps, products and/or Offerings, you are agreeing to our Terms and Conditions as contained in this User Agreement.

 

1. Introduction

By accepting the Terms and Conditions you are entering into a legally binding agreement.

We are a repository of information, a social network and an online platform for golfers.

  • Vision and Purpose

Our vision 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 communicate across the Platform with other members and also with service providers. Users will share information across the Platform freely and respect the privacy of other users and members registered on the Platform.

  • Agreement

You agree that by clicking “I Agree” or “Join GolfPlayed”, or “Sign Up” or “Login” or similar, registering, accessing or using our Platform, our related mobile Apps, developer platforms, Premium Services, our Content Management System, our Golf Course Update tools, our Service Provider tools or any content or information provided as part of these services, which are collectively referred to as ‘Offerings’, you are entering into a legally binding agreement (whether you are using Offerings on behalf of a company or an individual).

Irrespective of where you reside your agreement is with Golf Played Inc. a company incorporated in Delaware, USA, (‘GolfPlayed™’).

This ‘Agreement’ includes this User Agreement and the Privacy Policy and any terms displayed from time to time on the Platform, as may be amended by GolfPlayed™ from time to time. If you do not agree to this Agreement, do NOT click “I Agree” or “Join Now” or “Login” (or similar) and do not access or otherwise use any of our Offerings.

This Agreement applies to Registered Users, Members and Visitors alike.

 

  1. Obligations

2.1 Notices

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.

2.2 Eligibility

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.

2.3 Membership

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.

2.4 Payment

Should you purchase any of our paid Offerings, 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 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 Messages, Newsfeeds and Sharing

Our Offerings allow messaging and sharing of information in a multitude of ways. Any information and content that you 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 you 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 at our sole discretion, with or without notice.

By using the chat facility and newsfeeds within the GolfPlayed™ mobile and web apps, you agree to the Terms and Conditions and Privacy Policy as set out in this User Agreement.

  • 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 GolfPlayed™.
  • 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™ does not offer end to end encryption and the chat facility is not intended for the exchange of confidential information
  • We will allow you and third parties, like businesses, to communicate with each other using GolfPlayed™. For example, you may receive tee time information for upcoming golf bookings, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that may be of interest to you.
  • We do not want you to have a spam type experience; as with all your messages, you can manage these communications, and we will honor the choices you make.
  • Your phone number, profile name and photo, last seen status, and receipts may be available to anyone who uses our Offerings, although you can configure your settings to manage certain information visible to other users.
  • Users with whom you communicate may store or re-share your information (including your phone number or messages) with others on and off our Offerings. You can use your settings and the Privacy settings in our Offerings to manage the users of our Offerings with whom you communicate and what information you choose to share.
  • 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 you use third-party services that are integrated with our Offerings, they may receive information from us, relating to what you have shared with them.
  • If you interact with a third-party service linked through our Offerings, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
  • We collect Offering-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Offerings, how you 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 you 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 you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you.
  • We use cookies to operate and provide our Offerings, including to provide our Offerings that are web-based, improve your experiences, understand how our Offerings are being used, and customize our Offerings. For example, we use cookies to provide GolfPlayed™ for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Offerings. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Offerings for you.

2.6 Referral Program and Ambassador Program

GolfPlayedTM offers a referral program where users are incentivized to refer their friends and associates to the Platform. The referral program commenced on 1st August 2017 and will terminate on 31st December 2022 and is subject to the terms and conditions as set out herein.

  • Each user that is referred, and who registers on the Platform, will be allocated to the Referrer’s
  • Referrers receive one marker per user that they refer when the user registers.
  • Monetization of the Platform is scheduled for 2018. Each referred user will remain on the account of the Referrer up until December 31st, 2022.
  • Referrers will receive a commission, which is a percentage of net income (as described herein), on a sliding scale as detailed below, from each referred user up until December 31st, 2022 as follows:
    • 1% to all Referrers that have not joined the Ambassador Program and signed the Ambassador Agreement. The Ambassador Program is only available to Pro Golfers, verified celebrities and registered users who qualify to join the Program when have attained a minimum of 20 registered users.
    • 3% to Ambassadors that have Referred and Registered Users of less than 100
    • 4% to Ambassadors that have Referred and Registered Users that exceed 250
    • 5% to Ambassadors that have Referred and Registered Users that exceed 500
    • 5% to Ambassadors that have Referred and Registered Users that exceed 1,000
    • 10% to Ambassadors that have Referred and Registered Users that exceed 5,000
    • 15% to Ambassadors that have Referred and Registered Users that exceed 10,000
  • Payments will be made at the end of each calendar year and will be accompanied by a reconciliation of the financial transactions of referred users.
  • Net Income is defined as the gross spend, after deduction of VAT, GST or any other consumption tax, on goods, services and membership charges levied by GolfPlayed.com directly to registered users on the following:
    • Markers sold
    • Membership dues
    • Commissions on Golf Match
    • Golf Coin commissions
    • Concierge charges
  • Net Income is further defined as the gross profit retained by Golf Played Inc. on all other income including:
    • Tee time reservations
    • Golf and other travel
    • Golf equipment sales
    • Golf apparel sales
    • Sale of plaques and medallions
  • Gross Profit is defined as net income less any direct outsource expenditure related to goods and services net of VAT, GST or any other consumption tax.
  • Where a commission is received by GolfPlayed.com in respect of this category then the sliding scale percentage detailed herein will be payable on the net commission received.
  • Specifically excluded sources of income, which are not subject to a commission payable to the Ambassador or Referrer include but are not restricted to the following:
    • Any advertising revenue from any members
    • Any listing fees
    • Any premium listing charges
    • Fees derived from charging for the groups or other tools on the Platform
    • Commissions and kickbacks from any suppliers, which may have been generated in part by registered users
    • Any new sources of revenue not detailed herein

Users that have referred 20 or more users to the Platform that have registered on GolfPlayedTM are eligible to join the Ambassador Program. In order to join the Ambassador Program, Referrers are required to sign the Ambassador Agreement. The management of GolfPlayedTM reserves the right to reject any applications that do not comply with the Ambassador Program criteria.

 

  1. Rights and Limits

3.1 Ownership of Materials and Information

As between you and GolfPlayed™, you own the content and information that you submit or post to the Offerings and you hereby grant GolfPlayed™ the following non-exclusive worldwide, transferable and sublicensable right to 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, or generally by closing your account.
  • We will not include your content in advertisements for the products and Offerings of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.
  • 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 thereof.
  • 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.
  • You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy taking account of your privacy settings.

By submitting suggestions or other feedback regarding our Offerings to GolfPlayed™, you agree that GolfPlayed™ 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 your profile information will be truthful.

3.2 Availability

We may change, suspend or end any Offering, or change and modify prices at our sole discretion, and will where necessary give you notice of any changes.

GolfPlayed™ is a Platform for recording your golf experiences but does not function as a cloud storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy

3.3 Third-Party Content

By using the Offerings, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GolfPlayed™ does not review 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 Services, 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 Services. 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 Services, and market our Services. 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.

3.4 Rights

GolfPlayed™ reserves the right to restrict, suspend, or terminate your account if GolfPlayed™ believes that you may be in breach of this Agreement or law or are misusing the Offerings.

GolfPlayed™ reserves all of its intellectual property rights in the Offerings including logos, trademarks, service marks and graphics used in connection with GolfPlayed™.

 

  1. Disclaimer and Limit of Liability

4.1 No Warranty

To the extent allowed by law, GolfPlayed™, 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, GolfPlayed™, 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 GolfPlayed™, 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 GolfPlayed™ and shall apply to all claims of liability, including but not limited to warranty, negligence, contract and general law.

 

  1. Termination

Either party may terminate this Agreement at any time without 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 have previously shared through the Offerings;
  • Any amounts owed by either party prior to termination remain owed after termination.

 

  1. 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.

 

  1. 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 intact 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 GolfPlayed™ 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 GolfPlayed™ may assign this Agreement to its affiliates or a party that acquires a controlling share in 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.

 

  1. GolfPlayed™ Etiquette

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 GolfPlayed™;
  • Misrepresent your affiliations and golf 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 unwelcomed 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 GolfPlayed™, including, without limitation, using the word “GolfPlayed” 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 GolfPlayed™;
  • 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;
  • Create 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 GolfPlayed™ in connection with a competitive service (as determined by GolfPlayed™);
  • Copy, modify or create derivative works of GolfPlayed™, the Offerings or any related technology (except as expressly authorized by GolfPlayed™);
  • 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 GolfPlayed™ without our express consent (e.g., representing yourself as an accredited GolfPlayed™ 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 GolfPlayed™ Group or any other feature of the Offerings, without GolfPlayed™'s consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Remove, cover or obscure any advertisement included on the Offerings;
  • Collect, use, copy, or transfer any information obtained from GolfPlayed™ without the consent of GolfPlayed™;
  • 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).
  1. Content

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.

 

  1. 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: [email protected]

OR BY MAIL at:

Golf Played Inc.

Attn: Agreement Matters (Legal) 

3445 Stratford Road,

Atlanta, GA, 30326