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Terms of Use
Wormburners, LLC (“Wormburners”) welcomes
you. This agreement (this
“Agreement”) is entered into by and between you (“you”)
and Wormburners regarding your use of all aspects of websites and interactive
services (collectively, the “Service”) owned and operated by
Wormburners, which include but are not limited to Wormburners.com. This Agreement sets forth legally
binding terms for your use of the Service.
By using the Service you agree to be bound by this Agreement. This Agreement applies to each visitor (“Visitor”)
to and user of the Service, including unregistered and registered users and
paying subscribers (individually “Member” and collectively, “Members”). The term "User" refers to a
Visitor or a Member.
You are only authorized to use the Service (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and to this Agreement. Please
read this Agreement carefully and save it. If you do not agree with it, you should
leave the website and discontinue use of the Service immediately. By visiting or using the Service you are
agreeing to abide by this Agreement.
If you wish to become a Member, make use of the Service, you must read
this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Wormburners’ policy for your
acceptable use of the Service and Content made available and posted on the
Wormburners website, your rights, obligations and restrictions regarding your
use of the Service and Wormburners’ Privacy Policy. In order to
participate in the Service, you may be notified that you are required to
download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable to
the Service in which you choose to participate, those additional terms are
hereby incorporated into this Agreement.
You may receive a copy of this Agreement by emailing us at info@wormburners.com,
Subject: Terms of Use Agreement.
Wormburners may change this Agreement at any time and the
changes will become effective upon posting by Wormburners on the Wormburners
Website. You can review the most
current version of this Agreement at any time. You agree to be bound to any changes to
this Agreement when you use the Service after any such modification is posted.
It is therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
Please choose carefully the information you post on the
Wormburners website and those websites owned and or operated by the
Wormburners, and that you provide to other Users. Your Wormburners profile may
not include the following items: telephone numbers, street addresses, last
names, and any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable subject
matter. Despite this prohibition, information provided by other Wormburners Members
(for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and Wormburners
assumes no responsibility or liability for this material. If you become aware
of misuse of the Service by any person, please contact Wormburners or click on
the "Contact Us" link at the bottom of any Wormburners website page,
Subject: Report Abuse.
1. Eligibility. Use of and
Membership in the Service is void where prohibited. By using the Service, you
represent and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the Service does not
violate any applicable law or regulation. Your profile may be deleted and your
Membership may be terminated without warning, if we believe you have violated
this Agreement.
2. Term. This Agreement shall
remain in full force and effect while you use the Service or are a User or
Member. You may terminate your Membership at any time, for any reason, by
following the instructions on the Member's Account Settings page. Wormburners
may terminate your Membership at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect, including
sections 5-17.
3. Non
Commercial Use by Members and or Users. The Service is for the personal use
of individual Members and or Users only and may not be used in connection with
any commercial endeavors. Organizations, companies, and/or businesses may not
become Members and or Users and should not use the Service or the Website for
any purpose. Illegal and/or unauthorized uses of the Service, including
collecting usernames and/or email addresses of Members and or Users by
electronic or other means for the purpose of sending unsolicited email and
unauthorized framing of or linking to the Website and or Service will be
investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Wormburners.com. Wormburners owns and retains all
proprietary rights in the Website and the Service. The Website contains the
copyrighted material, trademarks, and other proprietary information of
Wormburners, and its licensors. Except for that information which is in the
public domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
5. Content
Posted On The Site Including But Not Limited to Reviews, Comments,
Communications, and Other Content.
5a. Visitors and or Members may post
reviews, comments, and other content; send other communications; and submit
suggestions, ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of
content. Wormburners reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted content.
5b. If you do post content or submit
material, and unless we indicate otherwise, you grant Wormburners and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Wormburners and its affiliates and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own 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 this policy and
will not cause injury to any person or entity; and that you will indemnify
Wormburners or its affiliates for all claims resulting from content you supply.
Wormburners has the right but not the obligation to monitor and edit or remove
any activity or content. Wormburners takes no responsibility and assumes no
liability for any content posted by you or any third party.
5c. You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the
Service, or transmit to other Members.
5d. You must use the Service in a manner
consistent with any and all applicable laws and regulations.
5e. You may Post only User Content which you
own, have created or which you have clear permission to Post. You acknowledge
and agree that Wormburners does not endorse any User Content and is not
responsible or liable for any User Content, even though it may be unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable, or may infringe upon the intellectual
property or other rights of another. You acknowledge that Wormburners does not
pre-screen User Content, and has no obligation to do so, but that Wormburners
and its designees will have the right (but not the obligation) in their sole
discretion to refuse, edit, move or remove any User Content that is posted on
or through the Service.
6. Prohibited Content and or Activities. The following is a partial list of
the kind of Content that is illegal or prohibited to post on or through the
Service. Wormburners reserves the right to investigate and take appropriate
legal action against anyone who, in Wormburners’ sole discretion,
violates this provision, including without limitation, removing the offending
communication from the Service and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to Content that, in
the sole discretion of Wormburners:
a) is
patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
b) harasses
or advocates harassment of another person;
c) exploits
people in a sexual or violent manner;
d) contains
nudity, violence, or offensive subject matter or contains a link to an adult
website;
e) solicits
personal information from anyone under 18;
f)
provides any telephone numbers, street addresses, last
names, URLs or email addresses;
g) promotes
information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) promotes
an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
i)
involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
j)
contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible page);
k) furthers
or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
l)
solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
m) involves
commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
n) includes
a photograph of another person that you have posted without that person's
consent.
The following is a partial list of the kind of activity that
is illegal or prohibited on the Wormburners Website and through your use of the
Service. Wormburners reserves the right to investigate and take appropriate
legal action against anyone who, in Wormburners’ sole discretion,
violates this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal
or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
2. advertising
to, or solicitation of, any Member and or Users to buy or sell any products or
services through the Service. You may not transmit any chain letters or junk
email to other Members or Users. It is also a violation of these rules to use
any information obtained from the Service in order to contact, advertise to,
solicit, or sell to any Member and or User without their prior explicit
consent. In order to protect our Members and Users from such advertising or
solicitation, Wormburners reserves the right to restrict the number of emails
which a Member and or User may send to other Members and Users in any 24-hour
period to a number which Wormburners deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the Service, you
acknowledge that you will have caused substantial harm to Wormburners, but that
the amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay Wormburners $50 for each
such unsolicited email or other unsolicited communication you send through the
Service;
a) covering
or obscuring the banner advertisements on your personal profile page, or any Wormburners
page via HTML/CSS or any other means;
b) any
automated use of the system, such as using scripts to add friends or send
comments or messages;
c) interfering
with, disrupting, or creating an undue burden on the Service or the networks or
services connected to the Service;
d) attempting
to impersonate another Member or person;
e) using
the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your
account;
f)
selling or otherwise transferring your profile;
g) using
any information obtained from the Service in order to harass, abuse, or harm
another person;
h) displaying
an advertisement on your profile, or accepting payment or anything of value
from a third person in exchange for your performing any commercial activity on
or through the Service on behalf of that person, such as placing commercial
content on your profile, posting blogs or bulletins with a commercial purpose,
selecting a profile with a commercial purpose as one of your "Top 8"
buddies, or sending private messages with a commercial purpose; or
i)
using the Service in a manner inconsistent with any and
all applicable laws and regulations.
7. Copyright Policy. You may not
post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary rights. It
is the policy of Wormburners to terminate Membership privileges of any Member
who repeatedly infringes the copyright rights of others upon receipt of proper
notification to Wormburners by the copyright owner or the copyright owner's
legal agent. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a description of
the copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the Service; (iv)
your address, telephone number, and email address; (v) a written statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Wormburners’ Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent, Wormburners,
LLC, 927 South Rolfe Street,
#A-1, Arlington, VA 22204.
8.
Member Disputes. You are
solely responsible for your interactions with other Members. Wormburners, LLC
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
9. Privacy. Use of the Website and/or the Service is also governed by
our Privacy Policy.
10. Disclaimers. Wormburners is not responsible for
any incorrect or inaccurate Content posted on the the Website or in connection with
the Service, whether caused by Users of the Service or by any of the equipment
or programming associated with or utilized in the Service. Profiles created and
posted by Members on the Website may contain links to other websites. Wormburners
is not responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Wormburners. Inclusion of any linked website on
the Service does not imply approval or endorsement of the linked website by Wormburners.
When you access these third-party sites, you do so at your own risk. Wormburners
takes no responsibility for third party advertisements which are posted on this
the Website or through the Service, nor does it take any responsibility for the
goods or services provided by its advertisers. Wormburners is not responsible
for the conduct, whether online or offline, of any User of the Service. Wormburners
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, any User or Member
communication. Wormburners is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of any email due to
technical problems or traffic congestion on the Internet or on any of the Service
or combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or downloading
materials in connection with the Service. Under no circumstances shall Wormburners
be responsible for any loss or damage, including personal injury or death, resulting
from use of the Service, attendance at a Wormburners event, from any Content posted
on or through the Service, or from the conduct of any Users of the Service,
whether online or offline. The Service is provided "AS-IS" and as
available and Wormburners expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Wormburners cannot guarantee and does
not promise any specific results from use of the Service.
11. Limitation of Liability . IN NO EVENT SHALL WORMBURNERS,
SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WORMBURNERS, SERVICE PROVIDER OR
ANY OF THEIR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WORMBURNERS,
SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR
SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
ANY USER OF THIS SERVICE. SOME STATES, PROVINCES AND JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. SOME STATES, PROVINCES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE, PROVINCE TO PROVINCE OR JURISDICTION TO JURISDICTION.
12. Account
Responsibility and Fees. The person who registers by completing the
registration process is the "User" for the purposes of this
Agreement. As part of the registration process, User establishes an account
("Account") with Wormburners or any of its affiliates for access to
and use of the Service using a username and password. The User is responsible
for ensuring that all use of the Service under the User's Account (i.e. use of
the Service by any person using the User's username and password) is in
compliance with this Agreement. The User is responsible for maintaining the
confidentiality of his or her password.
You as a member of the Service have agreed to pay a subscription fee for
the use of the Service according to one of the following options chosen during
the registration process:
Annual Fee. You agree to pay US$24.95 (or the prevailing
Fee at the time of the paid Subscription which may be lower or higher based on
promotional activity from Wormburners or any of its affiliates) for each year
of the Service, payable in advance at the time of registration and each
anniversary of the registration date, subject to any promotional discount
offered on the registration page. Annual subscriptions will not automatically
renew and be billed to the credit card designated during the registration
process. Prior to the expiration of
your annual membership, Wormburners will notify you to renew your subscription
to the Service and pay the appropriate Fee. Subscriptions may be cancelled at any
time; however, no fees will be refunded.
Free Recreational
Membership. User is entitled
to post up to the designated golf scores or time allowance on the Wormburners
web site without paying any fees (when attempting to input an additional score,
User will be prompted to "Sign up"). In order to enter more scores
and continue to use the Service, User must complete the registration process by
providing additional information requested and payment authorization (i.e.
authorize payment of the annual or monthly payment option described above using
the designated credit card).
Other Fee. From time to time Wormburners may post or
negotiate other paid Subscription Fees including but not limited to Annual, One
Year, Module, Per Service, By Service, Widget, and other programs such as Fees
based on usage or through a volume discount obtained through a club,
association, affiliate or other group representing multiple Users.
Subscriptions may be cancelled at any time; however, no fees will be refunded.
13. Rights
Associated with the Service. The
Service is designed to help you find golf information that resides on sites that
may or may not be owned or controlled by Wormburners (individually the
“Article” and collectively the “Articles”). In
particular, the Service provides brief descriptions of the Articles to help you
identify the Articles of interest to you. When you select the Arcticle, you
will be linked to the site on which that Article appears. Wormburners owns and
retains all intellectual property rights to the Service; but Wormburners does
not claim ownership rights to the full Articles, which are instead held by the
sites to which the Service links.
14. Third Party
Sites; Advertisers. The Service may provide you with opportunities links or
other opportunities to use certain sites, services, products, applications or
content offered by or through Wormburners’ third-party providers,
including but not limited to advertisers, content and ecommerce providers
(collectively "Third-Party Services"). Your use of any Third-Party
Services is subject to any terms of service or conditions of use associated with
the Third-Party Services. Wormburners does not control Third-Party Services and
is not responsible for any Third-Party Services or for the contents thereof,
including, without limitation, any links that may be contained in or accessible
through Third-Party Services. Wormburners does not endorse any Third-Party
Services or any products, content or communications linked to or accessible
from the Services. You agree you are wholly responsible for making your own
independent judgment regarding your user or interaction with Third-Party
Services.
15. U.S.
Export Controls. Software available in connection with the Service (the
"Software") is further subject to United States export controls. No
Software may be downloaded from the Service or otherwise exported or
re-exported in violation of U.S.
export laws. Downloading or using the Software is at your sole risk.
16. Disputes.
If there is any dispute about or involving the Service, you agree that the
dispute shall be governed by the laws of the State of Virginia, USA, without
regard to conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United States located
in the State of Virginia, City of Arlington..
17. Indemnity. You agree to indemnify and hold
Wormburners, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content that you
post on the Wormburners Website or through the Service causes Wormburners to be
liable to another.
18. Other. This Agreement is accepted upon your use
of the Website or any of the Service and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and Wormburners
regarding the use of the Service. The failure of Wormburners to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Wormburners is a
trademark of Wormburners, LLC. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@wormburners.com with any
questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
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