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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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