Article

By Michael Brezin*

Terms of Use

Web sites typically have legal declarations - ours is the "Terms of Use Agreement" at the bottom of this page. But, before you read the legalese, you might want to first review our plain English guidelines to the Golfwiki community:

1. A civil group effort

Golfwiki is a group effort to create a great resource: the world's largest living library of everything you need to know about the game, business and people of golf. You must expect your writing to be modified, criticized constructively or improved by others. Changes should be viewed in the spirit of improvement and not as a criticism of your approach or capabilities. On the other hand, when editing someone else’s work, always be friendly, civil and supportive. Never make any personal attacks. Assume good faith in everyone’s efforts. Remember that Golfwiki contributors volunteer to help build this great resource, so please be nice to them. When you disagree with another Golfwiki community member please stay cool and talk things over civilly. Writers and editors who can’t cooperate and work for the best interest of the group will be discouraged or prevented from participating.

2. Helpful articles

Golfwiki articles should help people enjoy the game of golf and/or operate their business more successfully. We believe that profanity, adult content, racism, sexism, content regarding recreational drug use, joke topics and vanity pages are inappropriate for Golfwiki.

3. Limit self-advertising

Golfwiki exists to help people, not for product promotion. While we encourage useful articles about evaluating and buying products and services, writers should refrain from creating articles to purely promote one specific business without providing useful insights to our readers. While you are welcome to post an external hyperlink, the Golfwiki community reserves the right to delete hyperlinks or entire articles that overstep the bounds on self-advertising.

For details, read the Golfwiki policy summary.

4. Creative Commons License

Golfwiki licenses all content under a Creative Commons License. The license allows Golfwiki content to be used freely for noncommercial purposes. Allowing free republication of our content helps achieve Golfwiki’s mission by offering our articles to even more people for free. In addition, our license allows for the creation of derivative works under the same license.

Thanks for reading these site guidelines, and now for the legal declarations that define Golfwiki's Terms of Use.

____________________________________

Terms of Use Agreement

When you ("You" or "User") use Golfwiki (Golfwiki.com and related domains) and its related services ("Site") You agree to the following terms and conditions (the "Agreement"). Golfwiki ("Golfwiki" "us" or "we") may at our sole discretion revise these terms from time to time, or at any time, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.

BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.

Disclaimer

Golfwiki is a collaborative writing project of individuals around the world volunteering to develop golf consumer, facility, and research articles. We allow ANYONE at any time to write and edit content on this site. Therefore any information on Golfwiki might be false, vandalized, or just bad advice. Golfwiki articles have not been reviewed by trained professionals for their accuracy, reliability, legality or safety. We make no guarantee or warranty that the information in Golfwiki is accurate, legal, reliable, or safe to practice. Always consult a trained professional before following any of the advice you find in Golfwiki. Nothing in Golfwiki should be construed as an attempt to offer legal, medical or other professional advice. Neither Golfwiki, nor the authors, editors, or users of this site can be responsible for Your use of information contained in or linked from this site. You must independently verify all information you find on Golfwiki. Use this site at your own risk.

Re-publishing

You may copy, modify, and redistribute Golfwiki content marked with the Creative Commons License, as long as you meet the terms of the Creative Commons License. The license allows Golfwiki content to be used freely for noncommercial purposes. Allowing free republication of our content helps achieve Golfwiki’s mission by offering our articles to even more people for free. In addition, our license allows for the creation of derivative works under the same license.

Our attribution requirements are easily satisfied. For internet re-publishing a direct link back to the article AND prominent text stating the material came from "Golfwiki.com – Everything you need to know about the game, business, and people of Golf" satisfies our attribution requirement. For offline distribution, prominent attribution to "Golfwiki.com - Everything you need to know about the game, business, and people of Golf" will suffice.

Licensing

While You, the author, will retain copyrights to Your writing, by posting on Golfwiki You grant us certain rights and in return we sub-license everything You post under a Creative Commons License. As the author/copyright holder, You are free to use Your content in any manner You choose. You will not be restricted by the terms of this license for the content that You create.

When You post information, text, files, links, software, or other materials ("Content") to the Site, You are granting Golfwiki, or warranting that the owner of such Content has expressly granted Golfwiki, a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works therefrom transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows Golfwiki the ability to display commercial advertising on the website. To guarantee that all the work You submit remains free Golfwiki sub-licenses everything You post under a Creative Commons License.

This Site is intended to be used by Adults Only.

You may not use this site unless you are at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Golfwiki will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

Golfwiki is Free

Golfwiki does not charge people to read our articles or participate in our discussions.

Guard Your Password.

Golfwiki provides premium services that may be accessed by using a password. If You are a premium services user ("Premium User"), You agree to safeguard the user name and password You use to access this Site. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You. You may use premium services only while You are a registered user.

Provide Accurate Information

When asked to provide information, You agree that You will provide true, accurate and complete information. You also agree that You will maintain and update such information to maintain its truth, accuracy and completeness. Golfwiki reserves the right to terminate Your use of the Site upon the discovery that the information You provided is not complete or accurate. Please contact us if you need to update your information we have on file.

Privacy

We strongly believe that each of our users has a right to maintain their privacy. Golfwiki does not use spy-ware, ad-ware, pop-up ads, spam or other annoying or intrusive advertising. We do not sell, rent, or exchange your personal information to any third party for marketing purposes. Golfwiki has not yet developed a official privacy policy, but when it does it will probably be similar in spirit to the Wikipedia privacy policy.

User Obligations

You agree not to do any of the following while using the Site:
  • violate any applicable law, statue, ordinance or regulation;
  • post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
  • post or transmit any Content that infringes a third party's intellectual property rights, rights of publicity or privacy;
  • post or transmit any Content that is unlawful, untrue, harassing, libelous, defamatory, abusive, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
  • access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  • gather and use information, such as other users' user names, real names, email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
  • post false or misleading information about a product or service; or
  • impersonate or misrepresent Your affiliation with any person or entity.

Intellectual Property Policy

Golfwiki respects the intellectual property of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Golfwiki's designated agent for notice of alleged copyright infringement appearing on our site is our normal contact email which is available on this page: Jim Kass, National Golf Foundation, 1150 South U.S. Highway One, Suite 401, Jupiter, FL 33477. You can also telephone us at (561) 744-6006 or fax us at (561) 744-6107.

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://www.loc.gov/copyright/legislation/dmca.pdf (visited January 29, 2001).

Notices

Golfwiki will give You any necessary notices by posting them on the Site. You authorize Golfwiki to send notices via electronic mail as well if Golfwiki decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.

Links

The Site contains links to other web sites or resources. You acknowledge and agree that Golfwiki is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.

Your Relationship with Merchants Who Use the Site

Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold Golfwiki liable for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

Errors and Disclaimer of Warranties

We do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK. THE INFORMATION PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION THAT WE PROVIDE.

While we make every effort to provide a sterile server environment, we also do not guarantee that the Site will be error free or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.

Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

GOLFWIKI ALSO MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS NOR DOES GOLFWIKI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE. GOLFWIKI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GOLFWIKI OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless the National Golf Foundation (NGF), its officers, directors, employees, agents, attorneys, accountants, consultants, and advisors and its Content Providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Agreement.

Limitation of Liability

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER GOLFWIKI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE.

You acknowledge accept and agree that without these limitations, we could not provide low cost and/or free access to the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of Golfwiki. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of Golfwiki shall be null and void. This Agreement will be governed by the law of Florida, U.S.A, without regard to its conflicts of law provisions and venue and jurisdiction shall solely and exclusively be in Palm Beach County. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface and/or blue type, are included to help make the agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between You and Golfwiki with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. We suggest that You print out a copy of this Agreement for Your records.


Credits

Originally posted by MichaelBrezin on 31 Jul 2008.
All contributors: JimKass, LynnwoodBrown, MichaelBrezin,
hand

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