TERMS & CONDITIONS

TrueGolfer.Africa welcomes you. We are a Digital Media Brand of True Golfer Company Limited – hereafter called TGCL. These website Terms & Conditions apply to your use of this website (the “Site”). They apply to each visitor to and user of the Site (each, a “User”), including you and any other unregistered users, registered users and paying subscribers (each such registered user or paying subscriber, a “Member”). By visiting or using the Site you agree to these terms and conditions. The purchase or use of products and services (such as blog or profile page features) available to Members through the Site may also be subject to certain additional terms and conditions provided with those products or services.

 Unless stated otherwise, TGCL may change the Terms & Conditions at any time and the changes will become effective thirty (30) days after posting the revised Terms & Conditions. However, TGCL reserves the right to change the Terms & Conditions effective immediately upon posting the revised Terms & Conditions in the event that True Golfer Post determines it reasonably necessary for such change to be effective without delay.

 

  1. User Content

By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such User-submitted content, collectively, “User Content”) to or through a Site, including without limitation on any User profile page, you hereby irrevocably grant to True Golfer its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

 You represent and warrant that: (i) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, (ii) the User Content is accurate and not misleading, and (iii) use and posting of the User Content you supply does not violate these TOU and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site.

You are solely responsible for the User Content that you post, store or upload on or through the Site, including any material or information that you transmit to other Users. TGCL does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Site, however TGCL reserves the right to delete, screen or edit any User Content posted, stored or uploaded on the Site at any time and for any reason without notice. Without limiting the foregoing, TGCL may remove any User Content that in the sole judgment of TGCL violates these Terms & Conditions or any Guidelines, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TGCL does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

 

  1. Intellectual Property Ownership; Rights Granted to You

The text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, available through the Site (collectively, “Site Content”) are the proprietary property of TGCL and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-sublicenseable license to access and use the Site and electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content for your personal, noncommercial use only; provided, that you preserve any copyright, trademark or other similar notices contained in or associated with such Site Content. Such license is subject to these Terms & Conditions and does not include: (i) any resale or commercial use of the Site or any Site Content therein; (ii) the collection and use of any product or service listings, pictures or descriptions; (iii) the distribution (electronic or otherwise), public performance, or public display of any Site Content; (iv) modifying or otherwise making any derivative uses of the Site and Site Content, or any portion thereof; (v) use of any data mining, robots or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of the Site, any Site Content or any information contained therein, except as expressly permitted on the Site; or (vii) any use of the Site or Site Content other than for its intended purpose. Any use of the Site or Site Content other than as specifically authorized herein, without the prior written permission of TGCL, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.

 

  1. imits on Use of the Site

You agree not to engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Site (including without limitation any User data, including any Member registration information, whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Site, or breach the security or authentication measures on the Site; (iii) reverse look-up, trace or seek to trace any information on any Member or other User of the Site, including information on any Member account other than your own, to its source, or exploit the Site in any way with a purpose of revealing any information, including but not limited to personal identification or information, other than your own information; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Site or with any other person’s use of the Site; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Site; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Site in an illegal manner or for any unlawful purpose; or (ix) violate any applicable Guidelines.

 

  1. Privacy Notice and Your Profile

Please refer to our Privacy Statement for information on how TGCL collects, uses and discloses personally identifiable information from you and other Users.

The information in your Profile, including any information or content you voluntarily add to your Profile such as first and last name and images you upload, will be made public by default and will not be subject to our Privacy Statement, unless you set your Profile to “Private”. To change your Profile privacy settings, go to your Profile page and click on “Profile” in the left navigation menu. Then click “Privacy Settings”. In this section, you may also change your Profile information, who can view your page and activity, and who can contact you on the Site, as well as control how we communicate with you.

Your Profile will be searchable by screen name, full name, city, state/province, country, age, and postal code. You can change this by selecting “Exclude me from search results” in Privacy Settings. Please note: The photo you selected (you are not required to upload a personal photo) as your avatar and your screen name will always display on your page, posts, and in search results.

 

If you choose to populate your Profile with your full name, your full name will display on your Profile unless you set your Profile to private as described above. Information and content you choose to make public either through your Profile, or by posting on the Site, are not subject to our Privacy Statement.

 

  1. Disclaimers; Limitation on Liability

Because of the variety of possible sources of Site Content, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in such Site Content. Moreover, Site Content may include facts, views, opinions, and recommendations of individuals and entities other than TGCL. TGCL does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by third parties, including, without limitation, information contained in the public postings areas of the Site and information provided or statements made by celebrity, “expert,” or similar guests on the Site.

 THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TGCL  DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE AND SITE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TGCL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TGCL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE OR IN THE SITE CONTENT. GOLF TODAY DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE CONTENT, THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TGCL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TGCL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A SITE OR ANY SITE CONTENT (INCLUDING ANY DOWNLOADED MATERIALS), EVEN IF TGCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TGCL’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO TGCL, IF ANY, FOR PRODUCTS OR SERVICES IN CONNECTION WITH THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Indemnity

You agree to indemnify, defend at your cost and hold harmless TGCL, its affiliates, subsidiaries, parent companies, and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively, the “Indemnified Parties”), from and against any losses, liabilities, expenses, claims, damages and costs of any nature, including reasonable attorneys’ fees, arising out of or relating to any User Content you post, store or otherwise transmit on or through the Site or your use or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties arising out of or relating to your User Content, your conduct, your violation of these Terms & Conditions, or your violation of the rights of any third party.