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Terms and Conditions |
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We very much hope you enjoy the experiencing this web site but ask that you be aware of the following:
Terms and Conditions
1. Description of Service.
You understand and agree that the Site is provided "as is" and that Whitlam Golf (UK) assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access or utilize free public access available through public libraries. In addition, you must provide or obtain access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2. Terms of Use and Copyright
Whitlam Golf (UK) maintains this Site for your personal entertainment, information and education. Please feel free to browse the Site. You may print or download material owned by Whitlam Golf displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Site in whole or in part for any purpose, without written permission from Whitlam Golf or the owner of such content in each instance.
3. Privacy Policy.
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.
4. Copyright Information.
You should assume that everything you see or read on the Site is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions, without the written permission of Whitlam Golf Europe. Whitlam Golf (UK) neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Whitlam Golf Europe.
5. Use Of Images.
Images of people or places displayed on the Site are either the property of, or used with permission by, Whitlam Golf (UK). The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. Trademark Information.
The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of Whitlam Golf (UK). Nothing contained on the Site should be construed as granting, by implication, any license or right to use any Trademarks without the written permission of Whitlam Golf (UK) or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Whitlam Golf (UK) will enforce its intellectual property rights to the fullest extent of the law. The trademarks belong to Whitlam Golf (UK) or its affiliates regardless of whether the trademark symbol appears next to the name.
7. Use of Material.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting anything to Whitlam Golf (UK) or the Site, you grant Whitlam Golf (UK) or its affiliates an irrevocable, worldwide, royalty-free nonexclusive license to reproduce, modify, adopt and publish such materials, in whole or in part for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media now known or later developed. Furthermore, Whitlam Golf Europe is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. Through your usage of the Site, you may submit and/or Whitlam Golf (UK) may gather certain limited information about you and your web site usage subject to the Privacy Policy.
8. Links and Advertisers.
Whitlam Golf (UK) is not responsible for the content of any off-site pages or any other sites linked to the Site. The linked sites are not under the control of Whitlam Golf (UK). Whitlam Golf (UK) is not responsible for the contents of any linked site or any link contained in a linked site, or any reliance placed on such contents. Whitlam Golf (UK) is not responsible for any webcasting or any other form of transmission received from any linked site; any such links are provided to the user for convenience and the inclusion of such links does not imply any endorsement by Whitlam Golf (UK). You may not establish a hypertext link or any other form of link to the Whitlam Golf (UK) Site without prior written permission from ourselves. Your correspondence or business dealings with or participation in promotions of, advertisers found on or through the Site, 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. Whitlam Golf Europe shall not be liable for any loss or damage of any sort incurred as the result of any such dealings or the result of the presence of such advertisers on the Site. Without the prior written permission of Whitlam Golf (UK), you may not frame any of the content of the Site, or incorporate into another Web site or other service the intellectual property of Whitlam Golf (UK) or any of its licensors.
9. User Conduct.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (be) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Whitlam Golf (UK) will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
10. Disclaimer.
Whitlam Golf (UK) makes no warranties or representations as to the Site or its accuracy. Whitlam Golf (UK) assumes no liability or responsibility for any errors or omissions in the content or operation of the Site.
11. Disclaimer of Warranties.
Your use of and browsing in the Site are at your risk. You understand and agree that Whitlam Golf (UK) assumes no responsibility for the timeliness, deletion or mis-delivery of any communications. Whitlam Golf (UK), ANY OF ITS AFFILIATES, ADVERTISERS, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Whitlam Golf (UK) also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Liability is also excluded for special damages, or liability for any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this site; and no liability is accepted for any downloads from the site.
12. Liability for Loss.
Whitlam Golf (UK) excludes liability for loss arising out of or in connection with the use of or performance of software, documents, provision or failure to provide services, or information available on this site.
13. Termination.
Whitlam Golf (UK) reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Whitlam Golf (UK) shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
14. General Information.
This constitutes the entire agreement between you and Whitlam Golf (UK) regarding use of the Site, superseding any prior agreement between you and Whitlam Golf (UK) regarding use of the Site. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. Whitlam Golf (UK) may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. The failure of Whitlam Golf (UK) to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such provision. These Terms and Conditions and the relationship between you and Whitlam Golf (UK) shall be governed by English law without regard to its conflict of law provisions. You and Whitlam Golf (UK) agree to submit to the personal and exclusive jurisdiction of the United Kingdom.
Copyright © 2008 Whitlam Golf (UK). All rights reserved.
Whitlam Golf (UK) is a wholly owned subsidiary of Gilroy's Golf Ltd |
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