INTRODUCTION
Welcome to
WWW.IMGGOLFCOURSESERVICES.COM
(also referred to in these Terms of Use as "this site"). This site is owned by IMG
Worldwide, Inc. (referred to in these Terms of Use as “IMG”). Please direct any
questions or comments concerning this site, these Terms of Use or the Privacy Policy
below to
web.golfcourseservices@imgworld.com. PLEASE READ THE TERMS AND CONDITIONS
OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.
By accessing and using this site, you confirm your agreement to these Terms of Use
and the Privacy Policy. If you do not agree to or do not want to be bound by these
Terms of Use, you are not authorized to use this site and should immediately exit
this site. IMG reserves the right, at our discretion, to amend the Terms of Use,
and to change, add, remove, or otherwise modify any aspect, content or feature of
this site at any time. Please check these Terms of Use periodically for any changes.
Your continued use of this site following the posting of changes to these Terms
of Use shall constitute your binding acceptance of any such amendments, modifications,
additions or deletions.
OWNERSHIP
All content included on this site, including, without limitation, text, graphics,
images, designs, artwork, photographs, logos, audio or video clips, digital downloads,
data compilations and software, is the property of, or licensed to, IMG or is the
property of IMG’s content suppliers or licensors and protected by the laws of the
United States and other countries and international treaties. The compilation of
all content of this site is the property of IMG and is protected by the laws of
the United States and other countries and international treaties. IMG’s marks indicated
on the site are registered trademarks of IMG. All other marks that are not owned
by IMG that appear on this site, such as those of IMG’s clients, are the property
of their respective owners, which may or may not be affiliated with or connected
to IMG. All of the above marks may not be copied, downloaded or otherwise exploited
without the permission of IMG or the owner of such marks.
LICENSE AND SITE USE
IMG grants you a limited license to access and make personal, non-commercial use
of this site. In accordance with these Terms of Use, you are not permitted to download
any material (including, without limitation, software, text, graphics or other content),
except for printing single copies of pages (for personal, non-commercial use provided
that all copyright and proprietary notices are maintained) frame or link to any
page within or modify all or part of the site. You may not redistribute, sell, de-compile,
reverse engineer, disassemble or otherwise reduce to a human-readable form any software
that you are permitted to download from the site hereunder, except as may be permitted
by law. Except only as expressly provided herein, this site (or any derivative work
version of it), its contents and any member or account information may not in any
form or by any means now known or hereafter developed be reproduced, displayed,
downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold,
or otherwise exploited for any commercial purpose without IMG’s prior express written
consent. All rights not expressly granted to you above, including ownership and
title, are reserved for the owner and not transferred or licensed to you.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality (as
applicable) of account information, credit card information, usernames, passwords
and IDs that may be required to use the site from time to time ("Account Information")
and for restricting access to your computer or other devices, and you agree that
you are responsible for all activity that occurs under or with the use of your Account
Information (including, without limitation, usernames and password). IMG's site
security policies are contained in this site’s Privacy Policy (below). IMG reserves
the right in its sole discretion to refuse access to this site or the products and
services provided through it, terminate accounts and usage rights, edit, or remove
content or "submissions" (as defined below) and cancel orders or requests for materials
made through this site.
SUBMISSIONS
Any information or materials you transmit, upload or otherwise submit to this site
(including, without limitation, comments, reviews, email messages) or any creative
suggestions, ideas, notes, drawings, concepts or other information sent to this
site or other means of transmission or delivery, shall be collectively referred
to as "submissions." If you transmit or otherwise deliver submissions to IMG, you
grant IMG a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period
permitted under law) license (with the right to sublicense and assign) to use, reproduce,
modify, adapt, publish, translate, publicly perform and display, transmit, make,
sell, create derivative works from and distribute such submissions or incorporate
such submissions into other works in any form or medium and through any means or
modes of distribution or technology now known or hereafter developed. You hereby
agree and represent to IMG that you own or have been granted the necessary intellectual
property and other rights in the submissions (including, without limitation, a waiver
of any applicable moral rights) to grant such license to IMG that no such submissions
are, or shall be, subject to any obligation of confidence on the part of IMG and
that IMG shall not be liable for any use or disclosure of any submissions. Without
limitation of the foregoing, IMG shall be entitled to unrestricted use of the submissions
for any purpose whatsoever, commercial or otherwise, without notice to or compensation
to the provider of the submissions.
CONTENT LINKED TO THIS SITE
Please exercise discretion while browsing the internet using this site. You should
be aware that while you are on this site, you could be directed to other websites
that are beyond our control. There are links to other sites from this site’s pages
that take you outside this site. This includes links to organizations, fan clubs,
advertisers, and regional sections, as well as sites maintained by IMG sponsors,
IMG clients, IMG events, IMG affiliates and IMG content partners (among others)
that may or may not use our logo. These other sites may send their own cookies to
users of their sites, collect data, or solicit personal information. These other
sites may contain content or information that you may find inappropriate or offensive.
IMG reserves the right (but shall have no duty) to disable links from these third
party sites to this site. IMG makes no representations concerning the content of
sites linked to this site or listed in any of our directories. Consequently, IMG
cannot be held responsible for the accuracy, relevancy, copyright compliance, legality
or decency of material contained in sites listed in our search results or otherwise
linked to this site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, IMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IMG explicitly disclaims any responsibility for the accuracy, truthfulness, completeness,
content, or availability of information found on sites that link to or from this
site. IMG cannot ensure that you will be satisfied with any products or services
that you purchase from a third party site that links to or from this site or third
party content on our sites. IMG does not endorse any of the merchandise (if any)
except as expressly provided, nor has IMG taken any steps to confirm the accuracy
or reliability of any of the information contained in such third party sites or
content. IMG does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby irrevocably
waive any claim against us with respect to such sites and third party content. IMG
strongly encourages you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality and security of
your Account Information and for all activities that occur under your account. You
agree to indemnify, defend and hold IMG and IMG’s affiliated companies and their
respective officers, directors, employees and agents harmless from and against any
third-party claims, demands, actions, suits, proceedings, liabilities, damages,
losses, judgments and expenses (including, but not limited to, the costs of collection,
reasonable attorneys’ fees and other reasonable costs of defense or enforcing your
obligations hereunder) resulting from or arising out of any breach or non-compliance
by you of these Terms of Use, any of your representations or misuse of this site
or of any site linking to this site, and any claim brought by persons or entities
(other than the parties to this Agreement) arising from or related to your access
to and use of this site. You shall use your best efforts to cooperate with us in
the defense of any claim.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMG BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE
OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF IMG HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL IMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this site are presented solely for
the purpose of promoting IMG, its clients, events, products and services and its
sponsors and advertisers available in the United States and its territories, possessions
and protectorates. IMG makes no representation that materials on this site are appropriate
or available for use in any particular location. Those who choose to access and
use this site do so on their own initiative and are responsible for compliance with
federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.
TERMINATION
These Terms of Use are effective until terminated by either party. Your access to
this site may be terminated immediately without notice from us for any reason, including
without limitation, if, in our sole discretion, your failure to comply with any
term of these Terms of Use. Upon such termination, you must cease use of this site
and destroy all materials obtained from such site and all copies thereof, whether
made under the terms of these Terms of Use or otherwise. You may terminate at any
time by discontinuing use of this site. Upon such termination, you must destroy
all materials obtained from any and all such sites and all related documentation
and all copies and installations thereof, whether made under the terms of this Terms
of Use or otherwise.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512, IMG reserves the right, but
not the obligation, to terminate your license to use the site if it determines in
its sole and absolute discretion that you are involved in infringing activity, regardless
of whether the material or activity is ultimately determined to be infringing. In
addition, pursuant to 17 U.S.C. Section 512(c), IMG has implemented procedures for
receiving written notification of claimed infringements and for processing such
claims in accordance with the Act. All notifications of claimed infringement should
be sent to the Service Provider's Designated Agent. Notification must be submitted
to the following
Designated Agent:
By Mail:
IMG Worldwide, Inc.
IMG Center, Suite 100
1360 E. 9th Street
Cleveland, Ohio 44114-1782
United States of America
(216) 522-1200
Attention: General Counsel
By fax: 216-436-3187, Attention: General Counsel
To be effective, any written notice regarding defamatory or infringing activity
must be a written communication that includes the following information:
A physical or electronic signature of the person authorized to act on behalf of
(1) the owner of an exclusive right that is allegedly infringed or (2) the person
defamed; Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site. Similarly, for materials
that are defamatory or infringe patent, trademark, or other proprietary rights of
a third party, please submit a list of such materials; Identification of the material
that is claimed to be infringing, to be the subject of infringing activity, or that
is claimed to be defamatory, and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit IMG to locate the material;
Information reasonably sufficient to permit IMG to contact you, such as an address,
a telephone number and, if available, an electronic mail address at which the complaining
party may be contacted; A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner,
its agent or the law; and A statement that the information in the notification is
accurate and, under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
GENERAL PROVISIONS
By visiting this site you agree that the Terms of Use shall be governed by and construed
in accordance with the laws of the State of Ohio, without giving effect to any principles
of conflicts of law, and that any action at law or in equity arising out of or relating
to these Terms of Use and the Privacy Policy (below) shall be filed only in the
state or federal courts located in Cuyahoga County, Cleveland, Ohio and you hereby
consent and submit to the exclusive venue and personal jurisdiction of such courts
for the purposes of such action. If any provision of these Terms of Use shall be
unlawful, void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and enforceability
of any remaining provisions. These Terms of Use constitute the entire agreement
between us relating to the subject matter herein, supercede all prior or contemporaneous
communications and proposals, whether oral or written, and shall not be modified
except in writing, signed by both parties. You may not assign any of your rights,
obligations or privileges hereunder without the prior, written consent of IMG. Any
assignment of the foregoing other than as provided for in this section shall be
null and void, ab initio. No wavier of any provision or any right granted hereunder
will be effective unless set forth in a written instrument signed by the waiving
party. No waiver by either party of any breach or default hereunder shall be deemed
a waiver of any subsequent breach or default. You agree not to reproduce, duplicate,
copy, sell, resell, or exploit for any commercial purposes, any portion of the site
or access to the site. The titles and subtitles used in this Agreement are used
for convenience only and are not to be considered in construing or interpreting
this Agreement.
©IMG Worldwide, Inc. All rights reserved. 2007
PRIVACY POLICY
Privacy Policy for This Site
Your privacy on the internet is of the utmost importance to us. Because we gather
certain types of information about the users of this site, we feel you should fully
understand the terms and conditions surrounding the capture and use of that information.
This privacy policy discloses the privacy practices for this site (“this site”)
- what information we gather, how we use it and how to correct or change it. This
privacy policy only addresses our activities from our servers. Other sites (including
those to which this site links and third party sites or services with which IMG
may have relationships) may have their own privacy policies and practices, which
we do not control, and we are not responsible for nor we endorse such practices
or policies.
General Privacy Information
This site contains links to partners, advertisers and third party internet sites
and services who may collect data in connection with sweepstakes, promotions, e-commerce,
etc. They each have separate privacy and data collection practices, independent
of this site and IMG has no responsibility or liability for these independent policies
or actions and is not responsible for the privacy practices or the content of such
sites. Please keep in mind that whenever you voluntarily and publicly disclose personal
information on any online service or website - for example through email - that
information can be collected and used by others. In short, if you post personal
information online that is accessible to the public, you may receive unsolicited
messages from other parties in return. Further, while we take reasonable steps to
protect your personal information using the security and other measures set forth
herein, IMG cannot ensure or warrant the security of any information you transmit
to us, and you do so at your own risk. You are solely responsible for maintaining
the secrecy of your passwords and/or any account information. Please be careful
and responsible whenever you are online.
Collection and Use of Information
This site collects information about you both from what you tell us and what we
collect through the use of cookies (see Cookies below). Information collected about
you is used in two different ways. Information is "aggregated" -- meaning that the
information from many users is grouped together in a way that does not disclose
the personal information of any particular user. We may use this aggregated information
to determine user traffic statistics for this site (including without limitation
to determine browser usage, duration of stay, the referring URL, IP address geographical
location, etc.) and to evaluate which products and services are successful and which
ones are not, and in order to evaluate which new services we should make available
on this site. We may use only the anonymous click stream data to help our advertisers
deliver better-targeted advertisements. In addition, IMG may use personal information
collected through cookies and registration pages to target e-commerce promotions
and telemarketing activities for products and services related to IMG and/or its
sponsors, advertisers and business partners. In addition, some of your personal
information may be shared with third parties who assist IMG in producing its site
or provide a service to this site’s users.
Registration
Anyone who participates in any interactive activities offered on this site may be
asked to register for a free guest ID and password or to complete subscription registration
for an ID and password. We use this contact information from this registration form
to send the registrant information about IMG, IMG affiliates, IMG events and clients,
and promotional material from some of our clients, sponsors, advertisers and business
partners. Users may always opt-out of receiving any such information either by responding
to the relevant communication as directed or by contacting this site (see Contacting
the Site and Changing Your Personal Information below). Financial information that
is collected may be used to bill the user for any products and services purchased
from IMG. The registrant's contact information is also used to contact the user
who has purchased good from this site when necessary for customer service reasons.
Unique identifiers, such as ID and passwords, are collected to verify the user's
identity and for use as account numbers in our record system.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, IMG hereby notifies you that parental
control provisions (such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such protections
is available at the Electronic Frontier Foundation Website,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/
, and at the American Links Up Web site,
http://www.netparents.org/parentstips/browsers.html
. To view information on our policy regarding the privacy of children under the
age of 13, please see our privacy policy.
Children Under the Age of 13
This privacy notice describes our practice of collecting, using and disclosing any
personal information collected by IMG from all visitors to the Site, therefore including
visitors who are children under the age of 13. If you have any questions about this
policy, you may contact us by e-mail at
pgrooms@imgworld.com
, or in writing at Website Operator, IMG, IMG Center, Suite 100, 1360 East 9th Street,
Cleveland, OH 44114-1782.
IMG collects personal information from those who access the site. The personal information
collected by IMG is currently limited to each visitor’s name and email address.
No user is required to disclose more information than is reasonably necessary. Any
collected information is for IMG’s internal purposes only, and is not disclosed
to third parties. Information may be used for marketing purposes, and/or to provide
you with IMG information which we believe may be of interest to you. In order to
receive such information, marketing and otherwise, it is necessary for you to establish
an account with us.
It is IMG's intent to adhere to the provisions of the Children's Online Protection
and Privacy Act of 1998 (U.S.C. 6501 et seq.) ("COPPA"). No child who visits the
site is required to provide any information in order to access most of the site.
If you are under age 13, please have a parent or guardian establish your account
on the site. For account registration on the site, we require your name and email
address. IMG will not rent or sell children's personal identifiable information.
IMG will not contact children under age 13 regarding special offers or for marketing
purpose without parental/guardian consent. A parent/guardian may review his or her
child's personal information, ask to have it deleted and/or refuse to allow any
further collection or use of his or her child's information from the site. To do
any of the foregoing, please contact the site’s operator through one of the methods
listed above.
Cookies
A cookie is a small data file that certain websites write to your hard drive when
you visit them. A cookie file can contain information such as a user ID that the
site uses to track the pages you've visited. But the only personal information a
cookie can contain is information you supply yourself. Generally, cookies work by
assigning a unique number to the user that has no meaning outside the assigning
site. A cookie can't read data off your hard disk or read cookie files created by
other sites. This random number lets us keep track of "how many" times customers
are doing specific things - like visiting our site each month - without really knowing
who those customers are. We use cookies to deliver content specific to your interests
and to save your member ID. Additionally, after you've entered your member ID and
password during a session on our service, we save that information so you don't
have to reenter it repeatedly during that session. Users should be aware that this
site cannot control the use of cookies or the resulting information placed by advertisers
or third parties hosting data for this site. If a user does not want information
collected through the use of cookies, there is a simple procedure in most browsers
that allows the user to deny or accept the cookie feature; however, users should
note that cookies maybe necessary to provide the user with certain features (e.g.,
customized delivery of information) available on this site.
Newsletter
We may offer newsletters to share content information about this site with interested
users. We use contact data from our newsletter subscriptions to send users the newsletter.
On occasion we will email customers promotional material from some of our sponsors,
advertisers or business partners. Users may cancel their free email subscriptions
and other communications by following the simple instructions at the bottom of each
newsletter or email, or by contacting this site (see Contacting the Site and Changing
Your Personal Information below).
Security
This site utilizes a variety of security measures to maintain the safety of your
personal information. All user contact information is contained behind a "firewall"
and only accessible by a limited number of employees who have special access rights
to production systems. Passwords and credit card numbers are encrypted in this site's
secure database, which is also located behind a firewall. All sensitive/credit information
supplied by users is transmitted via Secure Socket Layer (SSL) technology and then
encrypted in this site’s databases as stated above.
Contacting the Site and Changing Your Personal Information
If you choose to modify your personal information or you have forgotten your password,
you may do so by contacting IMG. You will be required to submit a valid user ID
and password for authentication before you will be able to modify your file. Because
password and credit card information has been encrypted, it is completely invisible
to any employee who accesses it, including our customer service team. If you desire
to change your password, the customer service representative will reset to a new
one after you have properly identified yourself. This site’s technology department
conducts frequent security audits of this site and employs a third party audit company
to perform additional site security audits. If you have any questions about this
Privacy Policy, the practices of this site with respect to personal information
or your dealings with this site, or wish to access or change the personal information
we have about you, you can contact us at
pgrooms@imgworld.com.
©IMG Worldwide, Inc. All rights reserved. 2007.