Thursday, March 11, 2010

TERMS AND CONDITIONS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify your acceptance of these terms and conditions of service. From time to time, BigForeGolf.com may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by BigForeGolf.com and shall be of no force or effect.

User Consent to Terms and Conditions of Service

You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for www.BigForeGolf.com. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service. Content "Content" on BigForeGolf.com may include software, technology, text and other audio visual material, and the design and appearance of our website. Content may be provided by you or third parties, including other users of BigForeGolf.com.  BigForeGolf.com does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to BigForeGolf.com.

BigForeGolf.com reserves the right to remove content that is objectionable to us for any reason. The decision to remove content is in BigForeGolf.com’s sole and final discretion. To the maximum extent permitted by applicable law, BigForeGolf.com does not assume any responsibility or liability for content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your content and may be held liable for content that you post.

Intellectual Property Rights

Content on BigForeGolf.com is owned by Big Fore Golf LLC and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an BigForeGolf.com Service unless you are expressly authorized to do so.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content

Making unauthorized copies of content found on BigForeGolf.com may result in the termination of your account(s), prohibition on use of BigForeGolf.com, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BigForeGolf.com from any unauthorized or illegal conduct by you, or through the use of your account, on BigForeGolf.com.

Restrictions on Use

You may violate the Terms of Service if you: Post, transmit, promote, or distribute Content that is illegal. Harass, threaten, embarrass, or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated. Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text]. Impersonate another person, indicate falsely that you are a BigForeGolf.com employee or a representative of BigForeGolf, or attempt to mislead users by indicating that you represent BigForeGolf or any of BigForeGolf 's partners or affiliates. Attempt to get a password, account information, or other private information from anyone else on BigForeGolf.com. Upload any software or Content that you do not own or have permission to freely distribute. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software. Upload files that contain a virus or corrupted data. Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. Modify any part of the BigForeGolf.com that BigForeGolf.com does not specifically authorize you to modify. Post or communicate any members real-world personal information using BigForeGolf.com.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use BigForeGolf.com. BigForeGolf.com reserves the right to terminate your account and to prevent your use of any and all BigForeGolf.com services if your account is used to engage in illegal activity or to violate this Terms of Service.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to BigForeGolf.com in an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Paid Services

Some BigForeGolf.com services require payment of a fee. You must have an account and pay the subscription or other fees to participate in these activities.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

BigForeGolf.com reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for a BigForeGolf.com feature, BigForeGolf.com will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on BigForeGolf.com. Your continued use BigForeGolf.com thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but BigForeGolf.com will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.

Payment Options

You may pay fees using the methods available for the particular BigForeGolf.com service and you agree to the terms and conditions applicable to each payment. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that BigForeGolf.com is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription.  Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. When you provide credit card or other payment information to BigForeGolf.com, you represent to BigForeGolf.com that you are the authorized user of the credit card or other payment method. You agree to promptly notify BigForeGolf.com of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify BigForeGolf.com if your credit card expires or is canceled for any reason.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. This means that, unless your account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your account, you will be responsible for all actions made on your account.

License

You acquire absolutely no rights or licenses in or to the service and materials contained within the service other than the limited right to utilize the service in accordance with the TOS. Should you choose to download content from the service, you must do so in accordance with the TOS. Such download is licensed to you by BigForeGolf.com ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

Rights Reserved

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and BigForeGolf.com, at all times be and remain the sole and exclusive property of BigForeGolf.com. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the service over any present or future technology) are reserved to BigForeGolf.com for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use BigForeGolf.com's Intellectual Property Rights or the service, or the names of any individual participant in, or contributor to, the service, or any variations or derivatives thereof, for any purpose, without BigForeGolf.com's prior written approval.

Registration and Account Creation

A BigForeGolf.com account may be required to access and use some BigForeGolf.com’s services.  If you have questions about account registration, please contact us This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

To create a BigForeGolf.com account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the BigForeGolf.com service for which you are registering.  Some services may require creation of a "user name" and for you to choose a login and password. You may not use a user name that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your account.  Your account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your account password to others. BigForeGolf.com will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

Privacy and Data Collection

Your privacy is important to us. When you connect to BigForeGolf.com, we may retrieve information from the computer used to log onto the BigForeGolf.com and other personal information which is provided by you to us. This information will never be shared with anyone or given to any third parties. You understand, acknowledge and agree that your communications on BigForeGolf.com are not private or confidential, and may be viewed and used by others accessing the EA Services.

Termination of BigForeGolf.com Services and Accounts

BigForeGolf.com may terminate any BigForeGolf.com service at any time by giving you notice of such termination within the time period specified when you joined the particular BigForeGolf.com service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable BigForeGolf.com service.

BigForeGolf.com may also terminate your account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your account, or illegal or improper use of BigForeGolf.com services, products, or BigForeGolf.com 's Intellectual Property. You may lose your user name as a result of account termination. BigForeGolf.com may issue you a warning, or may immediately terminate any and all accounts that you have established. You acknowledge that BigForeGolf.com is not required to provide you notice before terminating your account(s). If BigForeGolf.com terminates your account, you may not participate in a BigForeGolf.com service again without BigForeGolf.com 's express permission. BigForeGolf.com reserves the right to refuse to keep accounts for, and provide services to, any individual.  You may not allow individuals whose accounts have been terminated by BigForeGolf.com to use your account.

If your account, or a particular subscription for a BigForeGolf.com service associated with your account, is terminated, no refund will be granted; and you will have no further access to your account or entitlements associated with your account

Cancellation of your Account

You have the right to cancel your account or a particular subscription to BigForeGolf.com at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use BigForeGolf.com and to cancel your account or applicable subscriptions. You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with BigForeGolf.com, including any dispute related to, or arising out of: (1) any term of this Terms of Service or BigForeGolf.com’s enforcement or application of this Terms of Service; (2) the Content available through BigForeGolf.com or any change in Content provided through BigForeGolf.com; (3) your ability to access and/or use BigForeGolf.com services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for BigForeGolf.com services.

Contact BigForeGolf.com at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to cancel your account. Any delinquent or unpaid fees and other unresolved issues with BigForeGolf.com must be settled before you establish a new BigForeGolf.com account.

Representations and Warranties

You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old or with parental consent; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the service only as set forth in the TOS.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless BigForeGolf.com and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against BigForeGolf.com, its employees, representatives, Suppliers and agents, by a third party, arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

Governing Law

These TOS shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Orange County in the State of Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

Access Outside the United States

BigForeGolf.com does not represent that materials in the service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws.

Miscellaneous

You accept that BigForeGolf.com has the right to change the content or technical specifications of any aspect of the service at any time at BigForeGolf.com's sole discretion. You further accept that such changes may result in your being unable to access the service.

Termination

Either you or BigForeGolf.com may terminate the TOS with or without cause at any time and such termination shall be effective immediately. You may terminate the TOS by discontinuing use of the service and destroying all materials obtained from the service. These TOS will terminate immediately without notice from BigForeGolf.com if you, in BigForeGolf.com's sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by BigForeGolf.com, you must destroy promptly all materials obtained from the service and any copies thereof.

Severability

If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.