For Copyright Policy, visit: http://www.smokinaces.golf/copyright.
The Websites are provided, controlled, operated, and administered by Smokin Aces Golf from its offices within the United States of America. Smokin Aces Golf makes no representation that the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. If you access any Website from a location outside of the United States, you are responsible for compliance with all laws of that location.
These Terms apply to all users of the Websites, including users who contribute User Submissions (as defined below). These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilation, photographs, computer code, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, all other elements of and materials incorporated in, appearing on, or published on, the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”)
Modification of Terms
Smokin Aces Golf may, in its sole discretion, modify, supplement, or revise these Terms at any time. Unless Smokin Aces Golf makes a change for legal or administrative reasons, Smokin Aces Golf will provide reasonable advance notice before the updated Terms become effective. You agree that Smokin Aces Golf may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Smokin Aces Golf may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Websites. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.
The Websites are currently a free service, but Smokin Aces Golf reserves the right to begin charging at any time for use of all or parts of the Websites. Smokin Aces Golf reserves the right to discontinue any aspect of the Websites at any time. Smokin Aces Golf reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
User Age Requirements
To use the Websites, you must either be: (a) at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, (b) if you are between the ages of 13 and 18/the age of majority, you must have the consent of your parent or legal or guardian to use the Websites. If you are under 13 years of age, please do not use the Websites.
Smokin Aces Golf Accounts
Although Smokin Aces Golf will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Smokin Aces Golf or others due to such unauthorized use. Smokin Aces Golf will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by Smokin Aces Golf.
Smokin Aces Golf may offer certain services that are available via a mobile device or app, including: (a) the ability to upload User Submissions to the Websites via a mobile device; (b) the ability to browse the Websites from a mobile device; and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Smokin Aces Golf.
Proprietary Rights in the Websites
You acknowledge and agree that the Websites and all Material owned by Smokin Aces, other than the User Submissions, constitute the proprietary and valuable property of Smokin Aces Golf. All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of Smokin Aces, or its licensees. Any use of the Websites, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by Smokin Aces Golf.
Some of the characters, logos, or other images incorporated by Smokin Aces Golf on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Smokin Aces Golf (as applicable) or others (collectively, “Trademarks”). You agree not to use any Smokin Aces Golf Trademarks without Smokin Aces Golf’s written consent. The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Smokin Aces Golf. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Smokin Aces Golf Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission in each instance. All goodwill generated from the use of Smokin Aces Golf Trademarks will inure to the exclusive benefit of Smokin Aces Golf.
Your Use of Material
Your right to use the Smokin Aces Golf Websites and any Material or other content appearing on it is subject to your compliance with these Terms. All Material is provided to you AS IS. Modification or use of the Material or other content on Smokin Aces Golf Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.
You may access and display Material and all other content displayed on the Websites for non-commercial, personal, entertainment use on a single computer or device only. The Material and all other content on the Websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Smokin Aces Golf. If Smokin Aces Golf does authorize you to copy any Material or any part of the Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Smokin Aces Golf Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that Smokin Aces Golf is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Smokin Aces Golf with respect thereto.
Your User Submissions and Conduct
A. Your Submissions. You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, comments (“User Comments”) to Smokin Aces Golf, via upload or submission functions on the Websites or third-party websites used by Smokin Aces Golf, via email to submit[at]thechive[dot]com, or via Mobile Services. User Pictures, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Smokin Aces Golf, does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. You grant Smokin Aces Golf the right to edit and/or alter any User Submissions. Smokin Aces Golf reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Smokin Aces Golf may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions to Sexy Chivers, Chivette or any “GIRL” Categories. By posting to those categories, you agree you are of legal age.
B. Your Responsibility for User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
i. you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to Smokin Aces Golf;
ii. you have secured all rights, licenses, and permissions to use and to license to Smokin Aces Golf, any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;
iii. you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Smokin Aces Golf – and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
iv. your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.
In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person. Further, you authorize and license to Smokin Aces Golf, and its parents, successors, affiliated entities, agents and assigns, employees, licensees, and designees to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.
C. Your License to Smokin Aces Golf. For clarity, you retain all of your ownership or licensed rights in your User Submissions. However, by submitting User Submissions to Smokin Aces Golf, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
i. you grant to Smokin Aces Golf, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by Smokin Aces Golf or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Smokin Aces Golf’s business, including without limitation, for advertising, marketing, promoting, and redistributing all or a portion thereof;
ii. you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms;
iii. you waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
iv. you grant Smokin Aces Golf, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that Smokin Aces Golf may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.
D. User Submission Content Restrictions. You agree not to post, email, or otherwise make available any User Submissions that:
i. are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
ii. harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. impersonate any person or entity, including, but not limited to, a Smokin Aces Golf employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. include personal or identifying information about another person without that person’s explicit consent;
v. are false, deceptive, misleading, deceitful, or misinformative;
vi. infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
vii. you do not have a right to make available under any law, or under contractual or fiduciary relationships;
viii. constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
ix. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software or hardware or telecommunications equipment;
x. disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
xi. employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
xii. violate any applicable civil or criminal laws or regulations, or promote any illegal activity.
E. No Violation of Third Party Rights. In connection with User Submissions, you further agree that you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Smokin Aces Golf, all of the licenses granted herein.
F. Smokin Aces Golf’s Data Practices. You acknowledge that Smokin Aces Golf may establish general practices and limits concerning use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on Smokin Aces Golf’s servers on your behalf. You agree that Smokin Aces Golf has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites. You acknowledge that Smokin Aces Golf reserves the right to terminate accounts that are inactive for an extended period of time. Also, Smokin Aces Golf reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites. Deleted User Submissions may be stored by Smokin Aces Golf in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Smokin Aces Golf encourages you to maintain your own backup of your User Submissions.
G. Smokin Aces’ Modification of Removal of User Submissions. Smokin Aces Golf does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, Smokin Aces Golf chooses, in its sole discretion, to monitor the User Submissions, Smokin Aces Golf nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. Smokin Aces Golf, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Smokin Aces Golf, expressly disclaims any and all liability in connection with User Submissions. Smokin Aces Golf does not permit copyright infringing activities on its Websites, and Smokin Aces Golf will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to Smokin Aces Golf’s Copyright Policy see the Copyright Policy (link above). Smokin Aces Golf, reserves the right to remove Content and User Submissions without prior notice.
H. No Alteration of Website. You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Websites. You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content, code or otherwise alter or interfere with the way in which any Smokin Aces Golf page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Smokin Aces Golf servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions. In your use of the Websites, you will comply with all applicable laws, statutes and regulations.
I. Your Feedback. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.
If you believe that any Material made available on any of the Website is in violation of your copyright, please see Smokin Aces’ Copyright Policy at http://www.smokinaces.golf/copyright for instructions on how to proceed. Applicable portions of the Copyright Policy are provided pursuant to the Digital Millennium Copyright Act (the “DMCA”).
Additional Terms for Apple App Store Applications
This Section applies to you only if you have downloaded the Smokin Aces Golf software from the Apple or Android App Store.
You acknowledge that these Terms are entered into solely between you and Smokin Aces Golf, and not with any third party, including Apple, Inc. or Google, Inc. These Terms are not intended to provide for usage rules for the Smokin Aces Golf software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
Subject to all the terms and conditions herein, Smokin Aces Golf hereby grants you a personal, limited, non-commercial, nonexclusive, non-sub-licensable, non-assignable, revocable license to download, install and use one (1) copy of the Smokin Aces Golf software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Websites and, if you have downloaded the Smokin Aces Golf software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple or Android App Store Terms of Service.
You acknowledge that Apple and Google has no responsibility for addressing any claims relating to the Websites or the Smokin Aces Golf software or your possession and/or use of the Websites or the Smokin Aces Golf software, including without limitation: (a) product liability claims; (b) any claim that the Websites or the Smokin Aces Golf software fails to conform to any applicable legal or regulatory requirement; and (c) any claims arising under consumer protection or similar legislation.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
External Link Disclaimer
Smokin Aces Golf Websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with Smokin Aces Golf.
By providing links to other sites, Smokin Aces Golf does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Smokin Aces Golf Website in question.
Smokin Aces Golf does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
Comments and Discussion Groups
In order to make the Comments and Discussion sections of the Websites interesting and informative for Smokin Aces Golf’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments or discussions:
i. If a comment is made using your identity or account it, will be deemed to have been posted by you.
ii. Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
iii. Do not intentionally make false or misleading statements.
iv. Do not offer to sell or buy any product or service.
v. Do not post material that infringes IP Rights or Personal Rights.
vi. Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
vii. Do not question why a previous comment was removed.
viii. Keep all comments relevant and ‘on topic’ to the particular Smokin Aces Golf Website posting open for comments.
Smokin Aces Golf will not accept responsibility for information posted in the Comments.
If Smokin Aces Golf receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, Smokin Aces Golf may remove that posting and/or any other related postings.
You may delete or temporarily suspend your account with any Website at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Websites and our servers. If your profile is suspended or terminated, Smokin Aces Golf will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on the Websites and our servers.
Smokin Aces Golf may terminate a user’s account or access to the Websites if, under appropriate circumstances, Smokin Aces Golf determines you violated any of these Terms. If Smokin Aces Golf terminates your access to the Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Websites. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
Smokin Aces Golf reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegal or offensive content. Smokin Aces Golf may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Websites. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, Smokin Aces Golf has adopted a policy of terminating, in appropriate circumstances and at Smokin Aces Golf’s sole discretion, users who are deemed to be repeat infringers. Smokin Aces Golf may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMOKIN ACES GOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SMOKIN ACES GOLF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMOKIN ACES GOLF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SMOKIN ACES GOLF MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS. SMOKIN ACES GOLF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF SMOKIN ACES GOLF. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.SMOKIN ACES GOLF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
IN NO EVENT SHALL SMOKIN ACES GOLF, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF SMOKIN ACES GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SMOKIN ACES GOLF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT SMOKIN ACES GOLF SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SMOKIN ACES GOLF’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY SMOKIN ACES GOLF, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY SMOKIN ACES GOLF.
Comments, Discussion, Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON SMOKIN ACES GOLF WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF SMOKIN ACES GOLF OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. SMOKIN ACES GOLF DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF SMOKIN ACES GOLF. SMOKIN ACES GOLF MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you. You agree to defend, indemnify, and hold Smokin Aces Golf, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Websites.
Jurisdiction, Venue, and Severability
You agree that: the Websites shall be deemed solely based in Texas; and the Websites shall be deemed a passive website that does not give rise to personal jurisdiction over Smokin Aces Golf, either specific or general, in jurisdictions other than Texas. These Terms will be governed by the internal substantive laws of the State of Texas, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Travis County, Texas and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of this these Terms will be deemed a further or continuing waiver of such term or any other term, and Smokin Aces Golf’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smokin Aces Golf without restriction.
YOU AND SMOKIN ACES GOLF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: June 22, 2016.