1. The User Terms
1.1 In accordance with the following user terms (‘User Terms’), Essential Golf (EG) grants you as an authorised user (‘Authorised User’ or ‘you’) of this website (‘Website’) certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Website, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
- Clause 6 – Your Responsibilities
- Clause 7 – Consent to use Your Personal Information
- Clause 8 – Limitation of Liability
1.3 If you register for any promotions or other give-aways on the Website Separate Terms and Conditions which are located on the Website, shall also apply in addition to the remainder of these User Terms.
1.4 If you register for any Forums Separate Forum Rules which are located on the Website shall also apply in addition to these User Terms.
2. Licence to Use Material on Website
2.1 EG grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Website (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘EG Material’) on the basis set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the EG Material for your own personal, non-commercial use provided that you do not:
- remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the EG Material;
- modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the EG Material;
- rent, lease, sub-licence, loan, copy or give or transfer any rights in the EG Material in any form, to any person or entity without the prior written consent of EG.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, EG, or EG’s suppliers, subcontractors and agents (collectively ‘EG Contractors’) (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the EG Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world (‘Intellectual Property Rights’).
3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Website or in using any of the Website Services (“User Generated Content”) may be retained as the property of EG. EG shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Website, and they will remain in force until:
- EG terminates these User Terms by notice to you at any time in accordance with Clause 9.2.
4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
- the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the EG Material;
- you must delete or destroy any of the EG Material stored by you in electronic or hard copy form as soon as reasonably practicable;
- you will have no further rights to access or use the Website or the Website Services.
5. EG’s Responsibilities
5.1 EG undertakes to use commercially reasonable endeavours to prevent breaches of security of the Website.
5.2 EG makes no representation or warranty that the Website or services offered via the Website [(i.e. bulletin boards, chat (except any Merchandise made available by Merchants via links to this Website, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.4)) (‘Website Services’) will be accessible, or useable by you or error free.
5.3 EG takes no liability for any failure or interruption of the Website or any inability to access or use the Website or any features, products or services on the Website.
5.4 EG reserves the right, without notice to you, to remove any EG Material from the Website or to suspend or alter the operation of the Website or any Website Services, at its sole discretion or for legal or technical reasons. EG will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you will use this Website in a lawful manner that is consistent with all applicable laws and regulations.
6.2 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Website or any Website Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Website or any of the Website Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Website using your user name and/ or password. All such information will be considered sent and authorised by you. You agree that you will not use the Website or any of the Website Services as follows:
- to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
- to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry;
- for any purposes connected to any business, including sending any unsolicited advertisements or promotional material;
- to use or attempt to use any software, engine, or any other means to navigate or search this Website other than the navigation tools and search facilities available on this Website and general third party browsers;
- to carry out any activities in relation to “screen scraping” or “database scraping” to obtain lists of users, URLs, Internet Keywords or other information;
- to access the Website by any means other than through the interface that is provided by EG for use in accessing the Website;
- to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;
- to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure; • to interfere with or disrupt the Website and/or Website Services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- or to collect or store personal data about other users of this Website whether or not for commercial purpose without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual. Processing of personal data is regulated by the Data Protection Act 1998 in the United Kingdom.
6.3 You agree to indemnify EG against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or Website Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, EG shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by EG forthwith, without notice to you.
7. Consent to Use Your Personal Information
7.1 You acknowledge that in the course of registering and using this Website and the Website Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to EG or EG Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to EG or EG Contractors to use, store and process the personal information for the purposes of providing the services offered on this Website, or any other connected EG websites.
7.2 For the purposes of the Act, you further agree that EG or an EG Contractor involved in the provision of the Website Services, may send your personal data outside of the European Economic Area.
7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to EG in accordance with Clause 9.1, but in those circumstances you must exit the Website and will have no further rights to access the Website or use the Website Services.
8. Limitation of Liability
8.1 EG does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of EG, its employees, or EG Contractors, and the remainder of this Clause 8 shall not apply to such liability.
8.2 To the extent that EG is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Website or the Website Services, EG’s entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
8.3 EG shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
- any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
- any loss of goodwill or reputation;
- any loss of data;
- or any special, indirect or consequential loss.
8.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
8.5 The Website may contain links to third party websites which are controlled and operated by parties other than EG. The links will let you leave the Website and EG is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Website does not imply endorsement by EG of the linked site. If you decide to access linked third party websites, you do so at your own risk.
9.1 You may send a notice to EG, or any questions you may have concerning these User Terms by email to [email protected]
9.2 EG may send you notice by general notice on this Website, by email to your email address on record with EG, or by post to the geographical address on record with EG. Such notice will be effective if sent by email or posted on the Website, one day from the date it was sent or posted on the Website. If sent by regular post, it will be effective three days after posting by EG.
10.1 For the purposes of Clauses 1.4, 3, 6.3, 7, 8 and 11.8 of these User Terms, EG shall mean EG and/or any EG Company which means an EG subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989.
10.2 These User Terms form the entire agreement between you and EG and supersede any other oral or written communications, agreements or representations with respect to your use of this Website and Website Services.
10.3 EG reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Website. EG will provide as much notice as possible prior to making any changes to the User Terms on the Website, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Website or the Website Services following EG’s posting of such changes will be regarded by EG as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Website and not access or use the Website in the future.
10.4 Nothing in these User Terms affects your statutory rights as a consumer.
10.5 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
10.6 You acknowledge that EG has entered into these User Terms for its own benefit and for the benefit of each EG Company (as defined in Clause 11.1 above) and these User Terms are intended to be enforceable by each EG Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.7, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.8 If EG or any EG Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of EG or the EG Contractors, neither EG nor any EG Contractor will have any liability for that failure to perform.
10.9 Your use of the Internet is solely at your risk and subject to all applicable laws, and EG has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
10.10 Unless otherwise specified on this Website, the EG Materials available on this Website are directed solely at those who access the Website from the United Kingdom. EG makes no representation that any EG Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Website and the Website Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
10.11 These User Terms are governed by the laws of Chicago, Illinois in the United States.
10.12 EG respects the rights of all copyright holders and, in this regard, Essential.golf has implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EG with Identification of the copyrighted work claimed to have been infringed, clearing providing identification of the material that is claimed to be infringing or to be the subject of infringing activity and what is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EG to locate the material as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act.
For copyright inquiries under the Digital Millennium Copyright Act, web posting, reprint, transcript or licensing requests or any other enquiry please call (312) 572-7728 or use the contact form on our contact page.