Golphus Terms of Service

Using Golphus may be simple but these terms are not!

1. Your relationship with Golphus and its owners and operators
  1. Your use of our software, services, and web site (hereinafter referred to collectively as "Services") is subject to the terms of a legal agreement between you and the owners and operators of Golphus.com ("Golphus"). This document explains how the agreement is made up, and sets out some of the terms of that agreement. Your agreement with Golphus will also include the terms of any Legal Notices applicable to the Services and form a legally binding agreement between you and Golphus in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
  1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Golphus during the use of any Golphus service; or (b) by actually using the Services. Through acceptance of these terms, you understand and agree that Golphus will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract.
3. Services Provided
  1. By accepting the Terms you acknowledge and agree that the form and nature of the Services which Golphus provides may change from time to time without prior notice to you. You also acknowledge and agree that Golphus may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Golphus's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Golphus when you stop using the Services.
  2. You acknowledge and agree that if Golphus disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You also acknowledge and agree that it is in Golphus's sole discretion to set a fixed upper limit on the total amount of storage space or number of uploads available to any user at any time.
  3. You acknowledge your understanding that Golphus is not affiliated with the United States Golf Association (“USGA) and handicap scores issued by Golphus do not constitute a USGA Handicap Index, or are not otherwise officially recognized by the USGA.
4. Use of Services
  1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide will be accurate, correct and up to date. You also agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law in the relevant jurisdictions.
  2. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Golphus. You also agree that you will not engage in any activity that intentionally interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Golphus, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
  3. You agree that you are solely responsible for (and that Golphus has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Golphus may suffer) of any such breach. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You also agree that you will be solely responsible for all activities that occur under your account.
  4. You also agree and understand that the treatment of any personal information obtained by Golphus about you is subject to Golphus's privacy policy, which can be viewed here. You agree to the use of your data in accordance with Golphus's privacy policy.
5. Content
  1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
  2. You understand that Golphus is not affilated with any copyrighted or trademarked material contained in any video or uploaded content(such as data files, written text, music, audio files or other sounds, photographs, videos or other images). You also understand that Golphus does not make any claim to any intellectual property owned or licensed contained within said content. You further understand that Golphus does not claim any rights in content supplied by users of its Services, including but not limited to any rights in the audio or video of said Content.
  3. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and Content within the Services may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless such rights have been granted to you by the owners of the intellectual property involved.
  4. Golphus reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You further understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  5. Unless you have been expressly authorized to do so in writing by Golphus, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6. Content Provided by You
  1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Golphus a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Golphus to display, distribute and promote the Services. You also agree that this licence includes a right for Golphus to make such Content available to other companies, organizations or individuals with whom Golphus has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
  2. You understand that Golphus, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Golphus to take these actions.
  3. You confirm and warrant to Golphus that you have all the rights, power and authority necessary to grant the above licence.
7. EXCLUSION OF WARRANTIES
  1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOLPHUS WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
  3. IN PARTICULAR Golphus DO NOT REPRESENT OR WARRANT TO YOU THAT:
    1. (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
    2. (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
    3. (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
    4. (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED, AND
    5. (E) THAT USE OF Golphus SERVICES WILL MAKE YOU AN INTERNET STAR.
  5. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Golphus OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Golphus FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Golphus SHALL NOT BE LIABLE TO YOU FOR:
    1. (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
    2. (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
      1. (I) ANY CHANGES WHICH Golphus MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
      2. (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
      3. (III) YOUR FAILURE TO PROVIDE Golphus WITH ACCURATE ACCOUNT INFORMATION; OR
      4. (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON Golphus'S LIABILITY TO YOU IN THIS PARAGRAPH SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. Advertisements and Other Linked Content
  1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Golphus on the Services are subject to change without specific notice to you. In consideration for Google granting you access to and use of the Services, you agree that Google may place such advertising on the Services.
  2. The Services may include hyperlinks to other web sites or content. Golphus may have no control over any web sites or content which are provided by companies or persons other than Golphus. You acknowledge and agree that Golphus is not responsible for the availability of any such external sites or content, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
10. The Terms
  1. Golphus may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Golphus will make a new copy of the Universal Terms available at to you here. You understand and agree that if you use the Services after the date on which the Terms have changed, Golphus will treat your use as acceptance of the updated Terms.
  2. The Terms constitute the whole legal agreement between you and Golphus and govern your use of the Services (but excluding any services which Golphus may provide to you under a separate written agreement), and completely replace any prior agreements between you and Golphus in relation to the Services.

November 01, 2010