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Terms of Service for guildmanager.com (guildmanager.com is a service provided by
Eldacorp)
ACCEPTANCE OF TERMS
Eldacorp provides guildmanager.com as a service to users subject to the following
terms of service ("TOS"), which may be updated, at our discretion, from time to
time without notice to you. It is recommended that you refer to this TOF periodically
to make sure that you are aware of any additions, revisions, or modifications that
we have made to this TOS. Your use of the Service constitutes your acceptance of
the current TOS at the time of use.
HYPERLINKS AND THIRD PARTY SITES
The Service contains hyperlinks to sites owned and controlled by third parties.
Eldacorp is not responsible for the content of third-party sites ("TPS"). The inclusion
of any link to such sites does not imply endorsement by Eldacorp. Any TPS that links
to the Service: (a) shall not create a browser or border environment around any
of the content of the Service; (b) may link to, but not replicate, GM content; (c)
shall not imply that Eldacorp is endorsing or sponsoring it or its products and/or
services; (c) shall not present false information about Eldacorp or its products
or services; (e) shall not use Trademarks without the prior written permission from
Eldacorp; and (f) shall not contain content that could be construed as distasteful,
offensive or controversial. Notwithstanding anything to the contrary contained in
this TOS, we reserve the right to deny permission to link to the Service from any
website for any reason per our sole and absolute discretion.
COPYRIGHT AND TRADEMARK NOTICES
The Service is protected by copyright pursuant to U.S. copyright laws, international
conventions and other copyright laws. All content, materials and services provided
by and contained on GM are protected by copyright and are owned or controlled by
Eldacorp or the party credited as the provider of the content. Copying or storing
any part of the Service is expressly prohibited without prior written permission
from Eldacorp or the copyright holder as identified on the Service. Systematic retrieval
of data or other content from the Service to create or compile, directly or indirectly,
a collection, compilation, database or directory without written permission from
Eldacorp is prohibited. Permission to use materials from the Service (the "Materials")
is granted provided that: (a) Use of such Materials is for informational and non-commercial
or personal use only and will not be copied or posted on any network computer or
broadcast in any media; (b) You keep intact all copyright and other proprietary
notices; and (c) No modifications of the Materials are made. Elements of the Service
including, but not limited to, the "look and feel," are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from the Service may be copied
or retransmitted unless expressly permitted by Eldacorp.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that You will not upload, post, transmit, distribute
or otherwise publish through the Service any materials which: (a) Restrict or inhibit
any other user from using and enjoying the Service; (b) Are unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c)
Constitute or encourage conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe
the rights of any other right of any third party; (e) Contain a virus or other harmful
or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising,
promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute
or contain false or misleading indications of origin or statements of fact.
REGISTRATION, LEAGUE SECURITY, AND PRIVACY POLICY
As a user ("User") of our Service, you are made responsible for keeping your league
password and sign-on secure. Failure to do so will breach this agreement. You should
notify us by email at support@guildmanager.com if you suspect a breach of security
or unauthorized disclosure of your password. You will never be required to reveal
your password to any representative or agent of the Service or its owners, Eldacorp.
You must be 18 years old or older or, if acting for a minor, grant permission as
parent or guardian for that minor to become a User of our Service. Logging in as
a User of the Service is confirmation that the person logging in is an adult or
has received permission from a parent or guardian to become a User of the Service.
You are responsible for all usage or activity for your golf league on the Service
via your password. Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your membership, at our sole discretion, and you may
be referred to appropriate law enforcement agencies. Registration data and certain
other information about you are subject to our privacy policy. For more information,
please view our privacy policy.
COPYRIGHTS AND COPYRIGHT AGENTS
Eldacorp has 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 Eldacorps'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. ยง 512: (a) a physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) information reasonably sufficient to permit us to contact
the complaining party; (e) 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 (f) 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.
Eldacorp's copyright agent for notice of claims of copyright infringement on or
regarding the Service can be reached as follows:
Stephen Ayers
Eldacorp
Elderan@guildmanager.com
USER CONTENT
You, as a User of the Service, are solely responsible for content that you post
or submit to the Service ("your Content"). This means that you, and not Eldacorp,
are entirely responsible for all of your Content that you upload, post, email, transmit
or otherwise make available via the Service. If you post personal information on
publicly available areas of the Service then you may receive unsolicited messages
from third parties. Eldacorp cannot ensure the security of any information you post
on publicly available areas of the Service. Under no circumstances will we be liable
in any way for any of your Content including, but not limited to, any errors or
omissions in your Content, or for any loss or damage of any kind incurred as a result
of the use of any of your Content made available via the Service. Eldacorp does
not claim ownership of your Content. However, you hereby grant us a world-wide,
royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right
and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display your Content and to incorporate your
Content in other works in any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen your Content, but that we have the right,
but not the obligation, in our sole discretion to modify, transmit over various
networks, refuse or move any of your Content that is available on the Service. You
agree that you must evaluate, and bear all risks associated with, the use of any
of your Content including, but not limited to, any reliance on the accuracy, completeness,
or usefulness of your Content. You acknowledge and agree that Eldacorp may archive
your Content and may also disclose your Content at any time and for any reason.
Since we do not pre-screen user generated content, you may be exposed to content
that is offensive, indecent, or objectionable.
DISCLAIMER OF WARRANTIES
THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Eldacorp
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE IN TERMS
OF ITS ACCURACY, RELIABILITY, OR OTHERWISE. THIS SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO,
THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR
IMPLIED WARRANTIES OF NON-INFRINGEMENT. IT DOES NOT WARRANT THAT THIS SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Eldacrop BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED
TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN
IF FORESEEABLE OR Eldacorp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. Eldacorp WILL NOT
BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS,
OR LINE FAILURE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Eldacorp's LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INDEMNITY You agree to defend,
indemnify and hold harmless Eldacorp with respect to any and all costs, claims,
demands, investigations, liabilities, losses, damages, judgments, settlements, costs
and expenses, including attorneys' fees arising out of or in connection with this
Agreement, including, without limitation, your use of the Service. Notwithstanding
the foregoing, Eldacorp retains the exclusive right to settle, compromise and pay
any and all claims, demands, proceedings, suits, actions or causes of actions which
are brought against Eldacorp herein under the terms and provisions of this Section
and in no event shall you settle any such claim without Eldacorp's prior written
approval.
INTERNATIONAL USE
Eldacorp makes no representation that materials on this site are appropriate or
available for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those who choose to
access this Service from other locations do so on their own initiative and are responsible
for compliance with local laws.
JURISDICTION
Eldacorp controls and operates the GuildManager website from its headquarters in
Clemons, NC, United States of America and makes no representation that these materials
are appropriate or available for use in other locations. If you use this site from
other locations, you are responsible for compliance with applicable local laws.
GOVERNING LAW AND VENUE
This TOS will be governed and be interpreted under the laws of the State of North
Carolina, United States of America, notwithstanding its conflicts of law principles.
All disputes or claims arising out of use of this site will be resolved in the Federal
District Court for the District of Ohio or in Summit County District Court, Forsyth
Co, NC.
MISCELLANEOUS
This TOS contains the sole and entire agreement between the parties with respect
to the use of the Service and supersedes any and all other prior written or oral
agreements between them. Captions contained in this TOS are inserted only as a matter
of convenience or for reference and in no way define, limit, extend, or describe
the scope of this TOS or the intent of any provision of this TOS. It is the intent
of the parties that neither this TOS, nor any covenant in this TOS, shall be construed
against either party pursuant to the common law rule of construction against the
drafter. It is the intent of the parties that said rule not be applicable to this
TOS. If any provision of this TOS shall be held invalid or unenforceable by any
court of competent jurisdiction or as a result of future legislative action, such
holding or action shall be strictly construed and shall not affect the validity
or effect of any other provision of this TOS. |
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