This page describes the terms and conditions that govern your use of certain Driven Golf digital products, including DrivenGolf.com and mobile applications, offered by Driven Golf, Inc and certain of its subsidiaries (“Driven Golf”, “us” or “we”). For information on how Driven Golf, Inc collects, uses and shares any personal information, please see our Privacy Policy.
GENERAL RULES AND DEFINITIONS
If you choose to use DrivenGolf.com, Driven Golf’s mobile sites and applications, any of the features of this Site, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and Driven Golf, Inc (“Driven Golf”, “us” or “we”).
We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY DELETE YOUR ACCOUNT BY SENDING EMAIL TO: support@DrivenGolf.com
(SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
CONTENT ON THE SERVICES
The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Driven Golf, Inc or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Driven Golf, Inc, or the copyright holder identified in the copyright notice contained in the Content.
The Content of the Services is owned or licensed to Driven Golf. Certain Content is furnished by third parties, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. Driven Golf encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Driven Golf, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Driven Golf, Inc. and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
You grant Driven Golf a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Driven Golf or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by Driven Golf, including any Submission posted on or to the Services through a third party.
You are solely responsible for the content of your Submissions. However, while Driven Golf does not and cannot review every Submission and is not responsible for the content of these messages, Driven Golf reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
PRODUCT REVIEWS
Product reviews appearing on the Site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). DrivenGolf.com has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.
USE OF THE SERVICES
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.
The Services contain links to other related internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Driven Golf and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Driven Golf reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Driven Golf does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
LINKED THIRD PARTY SITES
Links to other websites operated by third parties, including DrivenGolf.com vendors, do not constitute sponsorship, endorsement, or approval by DrivenGolf.com of the content, policies, or practices of such linked sites. DrivenGolf.com does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.
ELECTRONIC COMMUNICATION
By using the Site you consent to receive communications from DrivenGolf.com electronically. DrivenGolf.com will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that DrivenGolf.com provides electronically satisfies any legal requirement that such communications be in writing.
REGISTRATION AND SECURITY
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an email address. You also have to give us certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Driven Golf Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Driven Golf. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
Please notify help@DrivenGolf.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to subscribe to all parts of the Services.
You are responsible for all usage or activity on your DrivenGolf.com account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
FEES AND PAYMENTS
We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by DrivenGolf.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
TERMINATION
You may delete your account at any time by emailing us at support@DrivenGolf.com.
Driven Golf may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
MISCELLANEOUS
These Terms of Service have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in California.
Nothing in these Terms of Service will serve to preempt the promises made in the Privacy Policy.
Correspondence should be sent to support@DrivenGolf.com.