Welcome to AnyoneCanGolf.com, (hereinafter also referred to as “ACG”).
Please Read Carefully Before Using This Website:
A. TERMS APPLICABLE TO ALL VISITORS AND MEMBERS
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.
For visitors who are registered with the Website (hereinafter also referred to as “members”), your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking any of the “Subscribe” buttons on the Membership Options Page (and or any other link directing to that page).
Scope of Use and User E-Mail
You are only authorized to view, use and copy (for your own personal records) the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. ACG shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms and Conditions, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law (local or international).
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of AnyoneCanGolf Ltd and/or HeartCo is strictly prohibited.
Copyrights and Trademarks
The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include ACG’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of AnyoneCanGolf Ltd.
We also stress that the development of this site was based upon a template produced by a developer who is credited on our credits page. The initial concept of the site remains their property but the ACG Logo, editing and content of the site belongs to AnyoneCanGolf Ltd.
Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of AnyoneCanGolf Ltd. You may not use a part of this Website on any other Website, without AnyoneCanGolf Ltd’s prior written consent. Which may be requested upon discovery of such events.
AnyoneCanGolf Ltd respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of ACG is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us on our contact page.
No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to ACG that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Unlawful retrieval of videos or tutorials (along with any other media such as images, logo’s, sound files or text) via any method other than by subscribing as a member is strictly prohibited and a criminal offence. If you notice our content on any other websites, and/or suspect unlawful activity surrounding such things, please notify us immediately.
You may not provide these videos to any other party or person, online or in person.
The videos and tutorials on this website cannot be re-posted or used anywhere else online without prior signed, written permission from one of the ACG company shareholders.
Any member or user, registered or otherwise, found to be re-using to content outside of personal use (as described in the next section: Fair Use Policy / Personal Usage) will loose their account, receiving no refund or compensation and will be liable for legal action through the United Kingdom courts.
Fair Use Policy / Personal Usage
As collected from market research on the website, it is expected that each member is likely to want to watch a 50 videos a month. For this reason, we would ask that each member considers the usage of the website carefully and doesn’t abuse the right to watch videos constantly and unnecessarily. Any user exceeding 50 views per month will be notified of their usage. After this first warning, if usage continues to be in excess of 50 views per month, ACG reserves the right to increase the subscription costs accordingly and/or remove the user from the website in accordance to the volume that they have overused the website.
Personal usage, is considered to be up to 50 views per month, used only on personal computers, phones and tablets. Videos shared on social networking sites, forums and/or any other websites/online distribution methods will be considered outside of personal usage and liable to consequences outlined in the previous section along with any other legal charges and implications that come with the grounds of piracy and illegal distribution. All our videos and content is protected by copyright and should be treated as such.
In order to maintain fair usage of our services, we need to monitor the usage of the website, and in signing up, you are agreeing to allow use to monitor your behaviour and movements on our website. This includes (but is not limited to) log-in counts, video play counts and IP address noting. Please respect other members of this online community by not over-using your membership.
Gathering email addresses from ACG through harvesting or automated means is strictly prohibited by law. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with ACG should be made through our contact page.
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH ACG EXPRESSLY DISCLAIMS. ANYONECANGOLF, LTD DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND ACG WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. ACG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ACG. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Governing Law, Location and Miscellaneous
DMCA Copyright Policy and Data Protection Act
AnyoneCanGolf Ltd respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information:
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) 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.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
This is not to be construed as Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
You are solely responsible for your interactions with other Users. ACG reserves the right, but has no obligation, to monitor disputes between you and other Users.
User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify ACG or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public or if you submit any business information, idea, concept or invention to ACG by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted ACG a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ACG may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to ACG by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. ACG has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
ACG reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the ACG Site, regardless of whether such communication(s) violate these standards.
ACG reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. ACG has no liability or responsibility to users of the ACG Website or any other person or entity for performance or nonperformance of the aforementioned activities.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any ACG confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms and Conditions or this Website shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the United Kingdom.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ANYONECANGOLF, LTD SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF ANYONECANGOLF, LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ANYONECANGOLF, LTD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold ACG, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS (MEMBERS)
Accounts And Security
ACG does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a Login Name and will be sent a password (that should be changed by the individual). You shall provide ACG with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms and Conditions, which may result in immediate termination of your Account.
You may not:
- select or use a Login Name of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorisation;
- use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify ACG of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at ACG’s sole discretion, and you may be reported to appropriate law-enforcement agencies.