1. DESCRIPTION OF THE SERVICES AND GENERAL
Golf GameBook Office consists of online services provided by GameBook Oy (”GB”, ”we,” ”our” or ”us”) to organizations and golf clubs (“you” or “your”) to manage invitations, entries, scoring, branding, reports and communications of golf tournaments (“Services”).
When you use the Services, these GGB Office Terms supplement the terms of any contract that you may have with GB regarding the use of the Services. If there is a conflict between these GGB Office Terms and the terms of the contract between you and GB, as applicable, those terms will prevail over these GGB Office Terms with regard to the matter in question.
By accessing or otherwise using the Services after GB’s acceptance of your application to become user of GGB Office, you (for yourself and for and on behalf of the organization you are employed by and/or hereby represent) jointly and severally agree to be bound by these GGB Office Terms and become a Services user (“User”). By accepting these GGB Office Terms you also accept and agree that you have read, understood, and agree to be bound by our Data Processing Addendum available here.
No devices or connections necessary for the use of Services are provided subject to these GGB Office Terms. You are responsible for purchasing, maintaining and updating such devices and connections (access to the Internet) and for payment of any fees relate with such devices and connection.
All copyrights in the Services are owned by GB or its licensors to the fullest extent provided under the applicable laws. All rights in the company names, trademarks, trade names, logos and designs whether or not appearing in large print or with the trademark symbol, belong exclusively to GB or its licensors, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark laws. The use or misuse of any copyrights or trademarks is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any copyright or trademark of GB or any third party.
The Services are intended for organizations and golf clubs. Any use of the Services or any of its functionality for a purpose not permitted by these GGB Office Terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted to you by GB for use of the Services.
Except as specifically allowed in these GGB Office Terms or your separate contract with GB, User is not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available your account, the Services, a part thereof or the material contained therein in any way. User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Services or any part thereof, except to the extent permitted under the applicable laws. User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Services.
3. LICENSE AND YOUR SUBMISSIONS
GB grants you a non-exclusive, non-transferable limited right to access and use the Services, against due payment of the agreed fees (if applicable), in accordance with these GGB Office Terms and the contract you may have with GB regarding use of the Services.
You do not have to submit anything to us, but if you choose to submit something (including any User generated content, feedback, ideas, concepts, techniques and data), you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty free right to us to copy, modify, further develop, prepare derivative works of, improve, distribute, publish, display, remove, retain, add, and use, distribute, sell, sublicense, commercialize and otherwise exploit, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third-party rights. You further agree to inform GB in the event that any such information has changed since your registration with the Services and, if appropriate, you agree to make such modifications yourself to your profile.
GB exercises no control over any content you or others submit while using the Services. GB has no obligation to verify the identity of any Users when they use the Services or to supervise the content which has been provided by Users.
4. PROHIBITED USES AND CONDUCT
GB may offer you an opportunity to transmit materials or other information through the Services. You shall be responsible for, and shall assume all liability with respect to, any materials or other information you transmit through the Services.
You are responsible for any activity that occurs through your account and you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by GB in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to: (i) use any incomplete, false or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other user of the Services; (iii) harvest, collect or send information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; (v) allow any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.
GB may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability and GB is entitled to remove such violating material or prevent its use without notice. GB assumes, however, no responsibility for the conduct of any your submitting any content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. GB does not, and cannot, pre-screen or monitor all content provided by you. Your use of the Service is at your own risk. By using the Services, you may be exposed to content provided by users that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any content provided by users available in connection with the Services. If at any time GB chooses, in its sole discretion, to monitor the Services, GB nonetheless assumes no responsibility for content provided by users and assumes no obligation to modify or remove any inappropriate content provided by users. GB has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any content provided by users.
We reserve the right to allow, deny or rescind permission to link to the Services from any other service, and to require termination of any link to the Services, for any reason whatsoever, in our sole and absolute discretion.
The Services may contain links through advertisements or otherwise to other website and services (”Linked Websites”). The Linked Websites are not under the control of GB, and GB is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. Please note that your access to and use of the Services may be subject to third party terms and conditions and privacy policies. You recognize and agree that GB is not liable for any such third-party terms and conditions and their use of your personal data.
You are required to comply with all applicable rules, regulations and laws in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from GB. As a condition of your use of the Services, you represent and warrant that you will not use the Services for any purpose that is unlawful or prohibited by these GGB Office Terms.
7. USERNAME, PASSWORD AND SECURITY
The right to access and use the Services granted to you shall not impose any duty on us to provide any particular service to you. You promise that the information you provide or provided in connection with use of the Services is true and accurate. If you are using the Services on behalf of an organization you are employed by and/or hereby represent, your account is valid only while you are employed by the organization. Your username and password will be your identity for purposes of interacting with the Services. You shall keep your username and password confidential, shall not disseminate this information, and shall use your username and password solely in accordance with these GGB Office Terms. You shall immediately notify GB if you learn of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft or unauthorized use, GB may impose on you, in GB’s sole discretion, additional security obligations.
If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform GB thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access. You are responsible for actions taken by using your username until you have informed GB of the loss of the password and GB has had a reasonable time to prevent the use of the Services with the username.
8. VERSIONS OF THE SERVICES
The demo version of the Services is offered to you free of charge. You may purchase more advanced versions of the Services for professional use and additional features subject to pricing and terms presented within the Services. You can learn more about our Services by visiting our website www.golfgamebook.com.
9. DATA PROTECTION AND SECURITY
10. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ”AS IS.” GB SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THE SERVICES. GB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICES. GB DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GB DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICES; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY GB OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL GB OR OUR COMMONLY OWNED OR CONTROLLED AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THESE GGB OFFICE TERMS, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF GB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GB’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold GB and its commonly owned or controlled affiliates, as applicable, and their respective officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Services; (ii) materials you submit, post to or transmit through the Services; (iii) any actual or alleged breach by you of these GGB Office Terms; and/or (iv) your violation of any rights of another.
13. CHOICE OF LAW AND FORUM
These GGB Office Terms shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising between GB and you arising out of or relating to these GGB Office Terms or the existence, validity, termination, interpretation of any term hereof or either party’s performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.
14. SEVERABILITY AND INTEGRATION
Unless you have entered into a separate contract with GB regarding your use of the Services, these GGB Office Terms constitute the entire agreement between you and GB and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GB. If any portion of these GGB Office Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable rules, regulations and laws to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. These GGB Office Terms may be modified only by our posting on the Services changes to these GGB Office Terms or by a subsequent writing signed by GB.
15. NO WAIVER
The failure of GB to enforce any provisions of these GGB Office Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these GGB Office Terms or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment or agency relationship exists between you and GB as a result of these GGB Office Terms or your use of the Services.
Nothing contained in these GGB Office Terms is in derogation of GB’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by GB with respect to such use.
17. MODIFICATION OF THESE GGB OFFICE TERMS
GB reserves the right, at any time, to modify, alter, or update the terms and conditions of these GGB Office Terms without prior notice. Modifications shall become effective immediately upon being posted at the Services. You are bound by any such modifications and should therefore periodically visit this page to review the then-current GGB Office Terms to which you are bound. Your continued use of the Services or any webpage or feature available through Services after modifications are posted constitutes an acknowledgement and acceptance of the GGB Office Terms and their modifications. If, at any time, you do not wish to accept these GGB Office Terms, you may not use the Services.
Your acceptance of these GGB Office Terms provides you with a limited right to access and use the Services. GB reserves the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited right to use the Services granted to you under these GGB Office Terms by GB. The provisions of these GGB Office Terms will survive the termination of your access to the Services.