Note! You are concluding a legally binding Agreement.
By accessing, viewing, downloading or otherwise using the Service or any webpage or feature available through the Service, or by clicking “Register” during the registration process, you conclude a legally binding agreement with GB based on the terms of this Agreement and become a Service user (“User”). If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use the Service, webpage or information available through the Service.
No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 13 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
1. DESCRIPTION OF THE SERVICE
All copyrights in the Materials 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 Service confers on you any license or right under any copyright or trademark of GB or any third party.
The Service and the Materials are intended for customers of GB. You may not use the Service or the Materials for any purpose not related to your business with GB. Any use of the Service or the Materials or any of its functionality for a purpose not permitted by this Agreement 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 Service.
3. LICENSE AND WARRANT YOUR SUBMISSIONS
Prior to joining the Service, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of the Service Users and to GB and you must not communicate to the Service, its Users and GB any information the dissemination of which could be harmful to you.
4. PROHIBITED USES AND CONDUCT
GB may offer you an opportunity to transmit Materials or other information through the Service. You shall be responsible for, and shall assume all liability with respect to, any Materials or other information you transmit through the Service.
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 Service 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 Service; (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 Service’s 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 Service; 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 Service 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 Service, 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 Service. If at any time GB chooses, in its sole discretion, to monitor the Service, 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 Service from any other Service, and to require termination of any link to the Service, for any reason whatsoever, in our sole and absolute discretion.
The Service may contain links 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. GB provides Linked Websites to you only as a convenience, and the inclusion of any such Linked s is not an endorsement by GB in favor of any company offering products or services on the Linked Websites.
You are required to comply with all applicable rules, regulations and laws in connection with your use of the Service, 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 Service, you represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
7. REGISTRATION, USERNAME, PASSWORD AND SECURITY
Registration is required to access the community features of this Service. Your registration 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 registration to, and use of the Services is true and accurate. Your username and password will be your identity for purposes of interacting with the Service. You shall keep your username and password confidential, shall not disseminate this information, and shall use your username and password solely in accordance with this Agreement. 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 Service. 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 Service 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 user name until you have informed GB of the loss of the password and GB has had a reasonable time to prevent the use of the Service with the user name.
8. IN-APP PURCHASES
The basic version of the Service is offered to you free of charge. You may also get additional versions, like Gold Membership by paying monthly subscription fee (hereinafter “Subscription”) through iTunes, Google Play or other application platforms (“Store”). You can learn more about our Service and Subscription by visiting our website www.golfgamebook.com. Such Subscriptions are offered with the contents and on the terms and conditions indicated from time to time. If you purchase Subscription, you need to be at least 18 years old to place an order.
The Subscription period is either one, six or twelve months, and it will be charged in accordance with the terms disclosed to you at the time of purchase as well as the general terms that apply to the Store in question. The Subscription renews automatically, unless you cancel it before the end of the current Subscription period by using your account settings.
FOR THE AVOIDANCE OF ANY DOUBT, ALL PURCHASES AND PAYMENTS MADE ARE FINAL AND NONREFUNDABLE.
10. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS.” GB SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. GB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. 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 SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (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 SERVICE 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 MATERIALS, THE SERVICE, OR ANY WEBSITE LINKED TO THE SERVICE, 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 THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE MATERIALS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, 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 Service or Materials; (ii) Materials you submit, post to or transmit through the Service; (iii) any actual or alleged breach by you of this Agreement; and/or (iv) your violation of any rights of another.
13. JURISDICTION IN FINLAND
The Service is operated in Finland. We do not represent that content or Materials presented on the Service are appropriate or available for use in other jurisdictions. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.
14. CHOICE OF LAW AND FORUM
This Agreement 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 this Agreement 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.
15. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and GB and governs your use of the Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GB. If any portion of this Agreement is 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. This Agreement may be modified only by our posting on the Service changes to this Agreement or by a subsequent writing signed by GB.
16. NO WAIVER
The failure of GB to enforce any provisions of this Agreement 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 this Agreement 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 this Agreement or your use of the Service. Nothing contained in this Agreement is in derogation of GB’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by GB with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. MODIFICATION OF THIS AGREEMENT
Your acceptance of this Agreement provides you with a limited right to access and use the Service. GB reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Service, with or without notice and with or without cause. Termination of your access to the Service means the revocation of the limited right to use the Service granted to you under this Agreement by GB. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.
Your acceptance of this Agreement provides you with a limited right to access and use the Service. GB reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Service, with or without notice and with or without cause. Termination of your access to the Service means the revocation of the limited right to use the Service granted to you under this Agreement by GB.