Effective Date: January 1, 2007
Updated: July 16, 2007
- DEFINITIONS "PGATOUR.com" is the interactive on-line service operated by Turner Sports Interactive, Inc. ("TSI") on behalf of the PGA TOUR on the World Wide Web of the Internet, consisting of information services and content provided by TSI, the PGA TOUR, affiliates of TSI and the PGA TOUR and other third parties. Please be advised that these Terms of Use do not necessarily reflect the terms that govern other sites that are operated by TSI or the practices of parties other than TSI that operate sites that may be linked to from PGATOUR.com such as www.shop.pgatour.com and TPC.com. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of PGATOUR.com.
- GENERAL. (A) This Agreement, which incorporates by reference other provisions applicable to use of PGATOUR.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in PGATOUR.com, sets forth the terms and conditions that apply to use of PGATOUR.com by Subscriber. By using PGATOUR.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use PGATOUR.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. (B) TSI and the PGA TOUR shall have the right at any time to change or discontinue any aspect or feature of PGATOUR.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- CHANGED TERMS. TSI and the PGA TOUR shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of PGATOUR.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PGATOUR.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of PGATOUR.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
- EQUIPMENT. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of PGATOUR.com and all charges related thereto. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and we are not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.
- YOUR REGISTRATION OBLIGATIONS If you register with us, you agree to provide true, accurate, current and complete information about yourself. We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if we reasonably suspect that you have provided untrue, inaccurate, not current or incomplete information.
- SUBSCRIBER CONDUCT. a) Subscriber shall use PGATOUR.com for lawful purposes only. Subscriber shall not post or transmit through PGATOUR.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TSI's and the PGA TOUR’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in TSI's and the PGA TOUR’s discretion restricts or inhibits any other Subscriber from using or enjoying PGATOUR.com will not be permitted. Subscriber shall not use PGATOUR.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PGATOUR.com. b) Subscriber shall not use or to permit or facilitate others to use the service by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy or download data or other content found on or accessed through the service, including without limitation real time scoring, video, audio, statistics, or data content, whether current or archival. c) Subscriber shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service. d) Subscriber shall not collect or store personal data about other users of the service. e) Subscriber shall not create a frame, browser or border around any of the content of the service or link to the service without our prior express written permission (other than a plain text-only link to the home page of the service, which link does not in any way imply a sponsorship or affiliation with the service, PGA TOUR or Turner Sports Interactive, Inc. f) PGATOUR.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PGATOUR.com are copyrighted as a collective work under United States copyright laws. The PGA TOUR and TSI own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TSI, the PGA TOUR and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. g) Subscriber shall not upload, post or otherwise make available on PGATOUR.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PGATOUR.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted TSI and the PGA TOUR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants TSI and the PGA TOUR the right to edit, copy, publish and distribute any material made available on PGATOUR.com by Subscriber. The foregoing provisions of Section 6 are for the benefit of TSI, the PGA TOUR and each of their respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. a) Subscriber expressly agrees that use of PGATOUR.com is at subscriber's sole risk. Neither TSI, the PGA TOUR, their affiliates or parent companies nor any of their respective employees, agents, third party content providers or licensors warrant that PGATOUR.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of PGATOUR.COM, or as to the accuracy, reliability or content of any information, service, or merchandise provided through PGATOUR.com. b) PGATOUR.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. c) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that neither TSI nor the PGA TOUR is liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber. d) In no event will TSI, the PGA TOUR, or any person or entity involved in creating, producing or distributing PGATOUR.com or the PGATOUR.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use PGATOUR.com. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on PGATOUR.com. e) In addition to the terms set forth above neither, TSI, the PGA TOUR, nor their affiliates, parent companies, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within PGATOUR.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, TSI, the PGA TOUR, nor their affiliates, parent companies, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
- MONITORING. TSI and the PGA TOUR shall have the right, but not the obligation, to monitor the content of PGATOUR.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TSI and the PGA TOUR and to satisfy any law, regulation or authorized government request. TSI and the PGA TOUR shall have the right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on PGATOUR.com. Without limiting the foregoing, TSI and the PGA TOUR shall have the right to remove any material that TSI and the PGA TOUR, in their sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- INDEMNIFICATION. Subscriber agrees to defend, indemnify and hold harmless TSI, the PGA TOUR, their respective affiliates and parent companies and each if their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PGATOUR.com by Subscriber or Subscriber's Account.
- TERMINATION. Either TSI, the PGA TOUR or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, TSI and the PGA TOUR shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which TSI, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
- TRADEMARKS. The PGA TOUR and PGATOUR.com, and each of their logos are trademarks of the PGA TOUR. All rights reserved. All other trademarks appearing on PGATOUR.com are the property of their respective owners.
- THIRD PARTY CONTENT. TSI is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, TSI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of PGATOUR.com, are those of the respective author(s) or distributor(s) and not of TSI. Neither TSI, the PGA TOUR nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through PGATOUR.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with TSI or the PGA TOUR. Neither TSI nor the PGA TOUR endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PGATOUR.com by anyone other than authorized TSI or PGA TOUR employee spokespersons while acting in their official capacities. Under no circumstances will TSI or the PGA TOUR be liable for any loss or damage caused by a Subscriber's reliance on information obtained through PGATOUR.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PGATOUR.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. PGATOUR.com may contain links to other third party Web sites or resources. We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and we also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party Web site or resource.
- SUBSCRIPTION SERVICES, BILLING AND CANCELLATION Some services offered on PGATOUR.com may be subscription-based services. If you open an account for any subscription-based service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Additional terms and conditions from service providers providing components of subscription-based services may apply. We reserve the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by PGATOUR.com, and to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Customers"). Unless otherwise specifically stated, if you are a Customer, we agree that we will terminate your account if you provide us with a notice of cancellation for any reason. a) Free Trial Periods. In the event that PGATOUR.com extends to first-time users a free trial period to use a subscription-based service (the "Free Trial"), PGATOUR.com will not charge you for use of such service if you cancel during the Free Trial period. Upon expiration of the free trial, you acknowledge and agree that pgatour.com will charge automatically on a recurring basis the credit card you designate during the registration process for the applicable subscription fee to be charged based on the subscription and payment option you selected when you registered for the service. Our cancellation policy and instructions are below. b) Subscriptions. When you subscribe to a PGATOUR.com subscription-based service: (a) you agree to provide PGATOUR.com with a valid credit card and accurate, complete and updated information required by the subscription registration form; (b) you authorize PGATOUR.com to automatically bill subscription fees based on the subscription you purchase (i.e., monthly subscriptions will be charged once per month, quarterly subscriptions will be charged on a quarterly basis, annual subscriptions will be charged once per year, etc.); and (c) you represent and warrant that your use of your credit card is authorized and that all information that you submit is true and accurate (including, without limitation, credit card number and expiration date). In registering, you also authorize us to charge to your designated card all amounts payable by you to us based on the subscription plan you selected (including all renewals thereof), including, but not limited to, all fees and any applicable taxes we are required to collect. All fees are billed on the day you register (or the first day following the conclusion of the Free Trial if applicable). Our cancellation policy and instructions are below. Failure to comply with above may result in the immediate suspension or termination of services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you may do so by following the instructions posted within that particular subscription-based service’s domain. PLEASE NOTE: Your subscriptions will be automatically renewed unless terminated, and your credit card will be charged for the subscription fees according to the type of subscription-based service. Unless otherwise specifically stated, the renewal charge shall be equal to the original price of the subscription-based service, unless we notify you in advance. Your right to use the subscription-based services is subject to any limits established by us, subscription service provider or by your credit card issuer. c) Unable-to-be-processed Payments: If we are unable to process your credit card at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to us. Your credit card issuer agreement governs use of your credit card in connection with this website and you must refer to that agreement with respect to your rights and liabilities as a cardholder. We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service. You, and not pgatour.com, are responsible for paying any amounts billed to your credit card by a third party, even if not authorized by you. d) Your Right To Cancel Subscription Services. All subscriptions to a PGATOUR.com subscription-based service start the day you submit your registration for such service (and such day is included in the calculation of the cancellation periods); or for renewal subscriptions, at 12:01 a.m. Eastern Standard Time the day following the last day of the then-current term of your subscription or any renewal subscription (the "Start Date"). You may cancel a PGATOUR.com subscription-based service at any time by following the instructions posted within that particular subscription-based service’s domain. Your cancellation will be effective one (1) business day after you notify PGATOUR.com of your request to cancel your subscription (the "Cancellation Date"). e) Monthly Subscriptions: If you have paid for a monthly subscription for PGATOUR.com subscription-based service, you will not receive a refund for the monthly subscription term in which you cancel, although you will continue to receive access to the Service through the end of such term. You will not be billed for additional subscription fees after the Cancellation Date. f) Annual Subscriptions: If you have paid for an annual subscription for PGATOUR.com subscription-based service, you will not receive a refund for the annual subscription term in which you cancel and you will continue to receive access to the service through the end of such term. You will not be billed for additional annual subscription fees after the Cancellation Date. g) We may terminate any or all of our subscription-based services at our convenience, but in the event of such termination for convenience, we will refund a pro-rata amount of pre-paid fees to Customers of such terminated subscription-based services. Any pro-rata refunds made will be the only remedy made to Customers of a terminated subscription-based service
- MISCELLANEOUS. This Agreement and any operating rules for PGATOUR.com established by TSI and the PGA TOUR constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- COPYRIGHTS AND COPYRIGHT AGENT. TSI and the PGA TOUR respect the rights of all copyright holders and in this regard, TSI and the PGA TOUR have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TSI's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright 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; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has 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 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent One CNN Center Box 105573 Atlanta, GA 30348 Phone: (404) 878-2276 Fax: (404) 827-1995 Email: copyrightagent@turner.com For web posting, reprint, transcript or licensing requests for TSI or the PGA TOUR material, please contact licensing.agent@turner.com. For any questions or requests other than copyright issues or licensing requests, please contact http://PGATOUR.turner.com.
- GENERAL INFORMATION You expressly understand and agree that: a) These Terms of Use constitutes the entire agreement between you and us, superceding any prior agreements between you and us. You may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software, or other parts of the Service including subscription components; b) These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. John's County, Florida and within Fulton County, Georgia; c) The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision; d) In the event a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of These Terms of Use shall remain in full force and effect; e) You will file any claim or cause of action arising out of or related to use of the Service or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred; and f) The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
- SUPPLEMENTAL TERMS ASSOCIATED PRESS NOTICE Associated Press text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold the AP liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing. Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. The Sports Network ("TSN") Notice TSN Content, or any part thereof, shall not be transferred, framed, reproduced, distributed, redistributed, transmitted, retransmitted, published or copied for any purpose whatsoever.
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PGATOUR.com is part of the Turner Sports and Entertainment Digital Network
PGATOUR.com is part of the Turner Sports and Entertainment Digital Network