Golf.com Terms and Conditions of Use
Welcome to Golf.com. Golf.com includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings which are owned, offered or operated by or on behalf of Turner Sports Digital Services, Inc. (or its parent or affiliate entities) (such sites, applications and offerings, collectively, "Golf.com"). The following terms and conditions (the "Terms and Conditions") govern your use of Golf.com and any content, products and other features made available from or through Golf.com. Golf.com is made available by Turner Sports Digital Services, Inc. ("Turner Sports"). Turner Sports is referred to in these Terms and Conditions as "we," "us" or "our". We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on Golf.com. BY USING GOLF.COM, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF GOLF.COM. If you do not agree to these Terms and Conditions, you may not access or otherwise use Golf.com.
1. Proprietary Rights.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to Golf.com, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of Golf.com, the compilation of the content, code, data and materials on Golf.com, as well as all other materials comprising Golf.com, including but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of Golf.com does not grant to you ownership of any content, code, data or materials you may access on or through Golf.com.
2. Limited License.
You may access and view the content on Golf.com on your computer or other device that you own or control and, unless otherwise indicated in these Terms and Conditions or on Golf.com, make single copies or prints of the content on Golf.com for your personal, internal use only. Use of Golf.com and the services offered on or through Golf.com, are only for your personal, non-commercial use. If Golf.com offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non-sublicenseable and non-transferable.
3. Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of Golf.com, or any content, code, data or materials on Golf.com, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through Golf.com. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through Golf.com, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through Golf.com. If you make other use of Golf.com, or the content, code, data or materials thereon or available through Golf.com, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on Golf.com or on content available through Golf.com are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on Golf.com or on or through Golf.com's services, if any, are the property of their respective owners. Nothing contained on Golf.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on Golf.com without, as applicable, our written permission or written permission from the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on Golf.com or on or through any of Golf.com's services is strictly prohibited.
5. User Information.
6. Pitch Materials.
We do not solicit nor do we wish to receive any business and/or programming proposals, ideas, plans, concepts and/or similar suggestions or materials through Golf.com, by e-mail or in any other way (the forgoing, collectively, "Pitch Materials"). Any Pitch Materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) will be deemed not to be confidential or secret, and may be used by us in any manner. We cannot be responsible for maintaining any Pitch Material that you provide to us, and we may delete or destroy any such Pitch Material at any time.
7. Prohibited User Conduct.
You warrant and agree that, while using Golf.com and the various services and features offered on or through Golf.com, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of Golf.com's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through Golf.com), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through Golf.com. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through Golf.com or the services offered on or through Golf.com, including without limitation any information residing on any server or database connected to Golf.com or the services offered on or through Golf.com; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use Golf.com or the services made available on or through Golf.com in any manner with the intent to interrupt, damage, disable, overburden, or impair Golf.com or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use Golf.com or Golf.com's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use Golf.com or Golf.com's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with Golf.com or Golf.com's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use Golf.com in any manner that could damage, disable, overburden, or impair Golf.com or interfere with any other party's use and enjoyment of Golf.com or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available by us through Golf.com.
8. Social Forums & Interactive Areas; Content You Provide.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, social networking areas, forums and other such services and interactive areas available on or through Golf.com. In addition to any other rules or regulations that we may post in connection with a particular service or area, you agree that you shall not upload, post, transmit, distribute or otherwise publish through Golf.com or any service or feature made available on or through Golf.com, any materials which (i) restrict or inhibit any other user from using and enjoying Golf.com or Golf.com's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities. By participating in services and/or other interactive areas such as those described above, you acknowledge that the fact and elements of your participation may be publicly available on Golf.com to other Golf.com users. For example, if you comment on a story, enter a public chat or post a profile about yourself, unless otherwise noted, your interactions may be published publicly on Golf.com. If you do not want your participation disclosed in this manner, do not participate in the applicable service and/or interactive area of Golf.com.
9. Right to Monitor and Editorial Control.
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to Golf.com or through Golf.com's services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
10. Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to social networking areas, comment areas or other forums may be recorded, displayed and stored in multiple places, both on Golf.com and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments.
11. Linking to Golf.com.
You agree that if you include a link from any other web site to Golf.com, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Golf.com. You are not permitted to link directly to any image hosted on the Golf.com or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Golf.com on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to Golf.com in any manner such that the Golf.com, or any page of the Golf.com, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to Golf.com be discontinued, and to revoke your right to link to Golf.com from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold us and our parent and affiliate entities (including, without limitation, Turner Broadcasting System, Inc. and Time Warner Inc. and their respective subsidiaries) (collectively, "Turner Parties"), and the directors, officers, employees and agents of the foregoing, harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of Golf.com, your placement or transmission of any message, content, information, software or other materials through Golf.com, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. Orders for Products and Services; Charges.
We may make certain products available to visitors and registrants of Golf.com. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through Golf.com may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Any subscription fees or other fees we charge for use of Golf.com or for any upgrades or features offered via Golf.com (including, but not limited to, any Golf.com device application) are stated in the order path for, as applicable, the feature (e.g., the device application order path) or upgrade. Please note that, in addition, depending on your Internet access provider, using or downloading particular Golf.com upgrades or features may cause you to incur data or other charges from your provider.
14. Third Party Web Sites, Devices and Services.
You may be able to link from Golf.com to third party web sites and third party web sites may link to Golf.com ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on Golf.com does not imply our endorsement, sponsorship, or recommendation of that site. We disclaim any liability for links (1) from another web site to Golf.com and (2) to another web site from Golf.com. We cannot guarantee the standards of any web site to which links are provided on Golf.com nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Certain features that make up Golf.com (e.g., Golf.com mobile device applications) may operate on or in connection with various products and services provided by various third parties, such as third party handsets (e.g., cell phones and smart phones), tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the foregoing disclaimers and limitations of liability, you acknowledge that we do not control such third parties or their products or services and that we shall not be responsible for such third parties or their products or services.
15. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use Golf.com, or the services or features made available on or through Golf.com, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ? 512(c)(2), named below:
" Your address, telephone number, and email address;
" A description of the copyrighted work that you claim has been infringed;
" A description of where the alleged infringing material is located;
" A 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;
" An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
" 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 are authorized to act on the copyright owner's behalf.
16. DISCLAIMER OF WARRANTIES.
GOLF.COM, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH GOLF.COM, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE TURNER PARTIES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE TURNER PARTIES DO NOT WARRANT THAT GOLF.COM OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH GOLF.COM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE TURNER PARTIES MAKE NO WARRANTY THAT GOLF.COM OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH GOLF.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE TURNER PARTIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN GOLF.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT. IF YOU ARE DISSATISFIED WITH GOLF.COM, YOUR SOLE REMEDY IS TO DISCONTINUE USING GOLF.COM.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON GOLF.COM IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON GOLF.COM AT ANY TIME AND WITHOUT ANY PRIOR WARNING. THE TURNER PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON GOLF.COM, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF GOLF.COM) OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH GOLF.COM. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. THE TURNER PARTIES SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN GOLF.COM SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE TURNER PARTIES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA GOLF.COM, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON GOLF.COM OR IN CORRESPONDENCE WITH THE TURNER PARTIES OR THEIR RESPECTIVE AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA GOLF.COM ARE PROVIDED "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING.
17. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY TURNER PARTY OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, GOLF.COM OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA GOLF.COM, LOST BUSINESS OR LOST SALES, EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY TURNER PARTY OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH GOLF.COM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ANY TURNER PARTY OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF GOLF.COM EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF GOLF.COM OR PURCHASE OF PRODUCTS VIA GOLF.COM.
18. Photosensitive Seizures.
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using Golf.com and consult a doctor.
19. Applicable Laws.
We control and operate Golf.com from our offices in the United States of America. We do not represent that materials on Golf.com are appropriate or available for use in other locations. Persons who choose to access the Golf.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of Golf.com or Golf.com's services at any time. We may restrict, suspend or terminate your access to Golf.com and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of Golf.com use privileges of users who are repeat infringers of intellectual property rights.
You agree that, to the maximum extent permitted by applicable law, we, at any time in our sole discretion, change, suspend or discontinue Golf.com or any aspect thereof, including the availability of any, application, content or other feature, without liability on our part and without prejudice to any legal or equitable remedies available to us. In addition, we reserve the right to make changes, modifications, amendments and updates to these Terms and Conditions from time to time and for any reason, by posting such changes in this document, which you can access at any time by visiting Golf.com. You acknowledge and agree that you shall be responsible for reviewing these Terms and Conditions from time to time for changes, and that changes to these Terms and Conditions shall be effective when posted. By continuing to use Golf.com or any aspect thereof (e.g., any mobile device application or other feature) after we have posted any such changes in these Terms and Conditions, you are agreeing to be bound by all of these Terms and Conditions, as amended.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Georgia, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Georgia, City of Atlanta, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Atlanta in the State of Georgia. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
23. Supplemental Terms.
Getty Images Notice:
Getty Images still images and visual representations (including, without limitation, from Getty Images wholly-owned Sport, MLB, NHLI, AFP Sport, and Bongarts Sports collections) may not be republished, retransmitted, reproduced, downloaded or otherwise used, except for downloading for personal, non-commercial use.
24. Terms Related to Users of Golf.com Applications on Apple Devices (e.g., Golf.com iPhone app)
The terms of this Section 24 apply to all Golf.com applications downloaded from an Apple Inc. (Apple Inc., including its subsidiaries, collectively, "Apple") platform (e.g., iTunes) for use on an iOS device. You acknowledge that these Terms and Conditions are concluded between you and us, and not with Apple, and that Apple does not have any responsibility for the Golf.com device application or the content thereof. You acknowledge that neither us nor Apple shall have any obligation whatsoever to furnish any maintenance or support services with respect to the applicable Golf.com device application.
Without limiting the Disclaimers and Limitations of Liability set forth above, to the maximum extent permitted by applicable law, Apple (i) will have no warranty obligations whatsoever with respect to the Golf.com device application; (ii) is not responsible for addressing any claims relating to the Golf.com device application or your possession or use thereof; (iii) in the event of any third party claim that the Golf.com device application or your possession or use thereof infringes that third party's intellectual property rights, Apple will not have any responsibility for such claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple, and Apple's subsidiaries, are third party beneficiaries of this Section 24 and, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you.
25. Information regarding certain U.S. Patents. Portions of Golf.com (e.g., portions of the websites and/or applications comprising Golf.com) may operate under license of one or more patents, including U.S. Patent Number 5,526,479.
To get in touch with Golf.com to provide feedback please send an email to: email@example.com.
If you have a question about Golf Magazine or your subscription, please contact the magazine at:
Customer Service Web site
Golf Magazine Customer Service, PO Box 60001, Tampa, FL 33660-0001
27. Notices under these Terms and Conditions. Except as otherwise expressly provided herein, all notices required under these Terms and Conditions to us shall be in writing and shall be transmitted by United States Postal Service ("USPS") or reputable express carrier to Golf.com c/o Turner Sports Digital Services, Inc., 1015 Techwood Drive, Atlanta, GA 30318, with a copy (which shall not constitute notice) to Legal Department for Turner Sports, 1050 Techwood Drive, Atlanta, GA 30318, ATTN - Senior Counsel for Turner Sports. Except as otherwise expressly provided herein, all notices required under these Terms and Conditions to you shall be in writing and shall be transmitted by USPS, reputable express carrier or email to any address (e.g., postal or electronic) which you have submitted to us or to any address you submitted to the platform where you downloaded any application associated with Golf.com.
These Terms and Conditions were revised May, 2011.