TERMS & CONDITIONS

Terms & Conditions of Supercar Golf Club Website

a. This Agreement, which incorporates by reference other provisions applicable to use of the ‘Supercar Golf Clubs Website’, including, but not limited to, supplemental terms and conditions set forth hereof (‘Supplemental Terms’) governing the use of certain specific material contained on ‘Supercar Golf Clubs Website’, sets forth the terms and conditions that apply to use of ‘Supercar Golf Clubs Website’ by User. By using Supercar Golf Club (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use ‘Supercar Golf Clubs Website’ is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

b. Supercar Golf Club shall have the right at any time to change or discontinue any aspect or feature of ‘Supercar Golf Clubs Website’, including, but not limited to, content, hours of availability, and equipment needed for access or use.

CHANGED TERMS

Supercar Golf Club shall have the right at any time to change or modify the terms and conditions applicable to User’s use of ‘Supercar Golf Clubs Website’, 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 ‘Supercar Golf Clubs Website’, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of ‘Supercar Golf Clubs Website’ by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.

DESCRIPTION OF SERVICES

Through its Web property, Supercar Golf Club provides User with access to a variety of resources, including download areas, communication forums, and product information (collectively ‘Services’). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms & Conditions.

EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of ‘Supercar Golf Clubs Website’ and all charges related thereto.

USER CONDUCT

a. User shall use ‘Supercar Golf Clubs Website’ for lawful purposes only. User shall not post or transmit through ‘Supercar Golf Clubs Website’ 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 Supercar Golf Club's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Supercar Golf Club's discretion restricts or inhibits any other User from using or enjoying ‘Supercar Golf Clubs Website’ will not be permitted. User shall not use ‘Supercar Golf Clubs Website’ 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 Supercar Golf Club.

b. ‘Supercar Golf Clubs Website’ 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 ‘Supercar Golf Clubs Website’ are copyrighted as a collective work under the Swiss copyright laws. Supercar Golf Club owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit any of the content, in whole or in part. User may download copyrighted material for User’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 Supercar Golf Club 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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

c. User shall not upload, post, or otherwise make available on ‘Supercar Golf Clubs Website’ 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 User. User 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 ‘Supercar Golf Clubs Website’, User automatically grants, or warrants that the owner of such material has expressly granted Supercar Golf Club 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. User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants Supercar Golf Club the right to edit, copy, publish, and distribute any material made available on ‘Supercar Golf Clubs Website’ by User.

d. The foregoing provisions of Section 5 are for the benefit of Supercar Golf Club, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable User to communicate with others (each a ‘Communication Service’ and collectively ‘Communication Services’). User agrees to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or has received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

  • Advertise or offer to sell any goods or services for any commercial purpose, other than Communications Service.

  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.

  • Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

Supercar Golf Club has no obligation to monitor the Communication Services. However, Supercar Golf Club reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Supercar Golf Club reserves the right to terminate User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever. Supercar Golf Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Supercar Golf Club's sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination. User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Supercar Golf Club does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Supercar Golf Club specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. Managers and hosts are not authorized Supercar Golf Club spokespersons, and their views do not necessarily reflect those of Supercar Golf Club.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services require User to open an account, User must complete the registration process by providing Supercar Golf Club with current, complete, and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Supercar Golf Club immediately of any unauthorized use of User’s account or any other breach of security. Supercar Golf Club will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Supercar Golf Club or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE

Permission to use documents (such as white papers, press releases, datasheets, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Services 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, and (3) no modifications of any documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Supercar Golf Clubs Website or any other Supercar Golf Club owned, operated, licensed, or controlled site. Elements of Supercar Golf Clubs Website 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 any Supercar Golf Club Website may be copied or retransmitted unless expressly permitted by Supercar Golf Club.

Supercar Golf Club and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided ‘as is’ without warranty of any kind. Supercar Golf Club and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall Supercar Golf Club and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from the Services.

The documents and related graphics contained in the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Supercar Golf Club and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THIS WEBSITE

In no event shall Supercar Golf Club and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

MATERIALS PROVIDED TO SUPERCAR GOLF CLUB OR POSTED AT ANY SUPERCAR GOLF CLUB WEB SITE

Supercar Golf Club does not claim ownership of the materials User provides to Supercar Golf Club (including feedback and suggestions) or post, upload, input, or submit to any Supercar Golf Club Website or its associated services for review by the general public, or by the members of any public or private community (each a ‘Submission’ and collectively ‘Submissions’). However, by posting, uploading, inputting, providing, or submitting (‘Posting’) User’s Submission, User is granting Supercar Golf Club, its affiliated companies, and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Supercar Golf Club Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. Supercar Golf Club is under no obligation to post or use any Submission User may provide and Supercar Golf Club may remove any Submission at any time in its sole discretion.

By Posting a Submission, User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use, including, without limitation, all the rights necessary for User to provide, post, upload, input, or submit the Submissions.

DISCLAIMERS/LIMITATION OF LIABILITY

User expressly agrees that use of ‘Supercar Golf Clubs Website’ is at User’s sole risk. Neither Supercar Golf Club, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Supercar Golf Clubs Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of ‘Supercar Golf Clubs Website’, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through ‘Supercar Golf Clubs Website’.

‘Supercar Golf Clubs Website’ 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 and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

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, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Supercar Golf Club is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the user.

In no event will Supercar Golf Club, or any person or entity involved in creating, producing, or distributing Supercar Golf Clubs Website or the Supercar Golf Clubs Website 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 Supercar Golf Clubs Website. User hereby acknowledges that the provisions of this section shall apply to all content on ‘Supercar Golf Clubs Website’.

In addition to the terms set forth above neither, Supercar Golf Club nor its affiliates, 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 ‘Supercar Golf Clubs Website’, 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 Supercar Golf Club nor its affiliates, 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.

LINKS TO THIRD-PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE Supercar Golf Club'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Supercar Golf Club AND Supercar Golf Club IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Supercar Golf Club IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Supercar Golf Club IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Supercar Golf Club OF THE SITE.

Supercar Golf Club is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Supercar Golf Club 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, Users, or any other user of ‘Supercar Golf Clubs Website’, are those of the respective author(s) or distributor(s) and not of Supercar Golf Club. Neither Supercar Golf Club 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.

In many instances, the content available through ‘Supercar Golf Clubs Website’ represents the opinions and judgments of the respective information provider, User, or other user not under contract with Supercar Golf Club. Supercar Golf Club neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ‘Supercar Golf Clubs Website’ by anyone other than authorized Supercar Golf Club employee spokespersons while acting in their official capacities. Under no circumstances will Supercar Golf Club be liable for any loss or damage caused by a User’s reliance on information obtained through ‘Supercar Golf Clubs Website’. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Supercar Golf Club. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

UNSOLICITED IDEA SUBMISSION POLICY

Supercar Golf Club or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Supercar Golf Club's products or marketing strategies might seem similar to ideas submitted to Supercar Golf Club. So, please do not send your unsolicited ideas to Supercar Golf Club or anyone at Supercar Golf Club. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Supercar Golf Club makes no assurances that your ideas and materials will be treated as confidential or proprietary.

MONITORING

Supercar Golf Club shall have the right, but not the obligation, to monitor the content of ‘Supercar Golf Clubs Website’, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Supercar Golf Club and to satisfy any law, regulation, or authorized government request. Supercar Golf Club shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on ‘Supercar Golf Clubs Website’. Without limiting the foregoing, Supercar Golf Club shall have the right to remove any material that Supercar Golf Club, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

INDEMNIFICATION

User agrees to defend, indemnify, and hold harmless Supercar Golf Club, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Supercar Golf Club by User or User’s Account.

TERMINATION

Either Supercar Golf Club or User may terminate this Agreement at any time. Without limiting the foregoing, Supercar Golf Club shall have the right to immediately terminate User’s Account in the event of any conduct by User which Supercar Golf Club, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

MISCELLANEOUS

This Agreement and any operating rules for ‘Supercar Golf Clubs Website’ established by Supercar Golf Club 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 Switzerland, 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.

COPYRIGHT NOTICE

Supercar Golf Club its logos are trademarks of Supercar Golf Club, Authentic Finest KLG. All rights reserved. All other trademarks appearing on Supercar Golf Club are the property of their respective owners.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.