NETHANDICAP
ON-LINE SCORING, TRACKING AND ANALYSING SYSTEM
USAGE
AGREEMENT
This
Agreement sets forth the terms and conditions which apply to your use of the
NetHandicap web site and all services offered through this site (collectively,
the "Service") which is offered to you by NetHandicap, Inc. ("NetHandicap"). BY
COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "CONTINUE" BUTTON,
YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THIS
USAGE AGREEMENT. You also agree to the terms and conditions of our
Privacy
Policy enclosed in this document which governs the use by NetHandicap
of information received about you. If you do not agree to be bound by this
Agreement, discontinue your use of the Service and send an email to
administrator@NetHandicap.com.
1. 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
NetHandicap 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:
(a)
Annual Fee.
You agree to pay US$29.99 (or the prevailing Fee at the time of the paid
Subscription which may be lower or higher based on promotional activity from
NetHandicap 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 automatically renew and be billed to the credit card
designated during the registration process. Subscriptions may be cancelled at
any time; however, no fees will be refunded. (d)
Other Fee. From time to time NetHandicap may post or negotiate other
paid Subscription Fees including but not limited to two year, 6 month 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. These Fees will range in price from time to time. All other paid
Subscriptions may automatically renew and be billed to the credit card
designated during the registration process. Subscriptions may be cancelled at
any time; however, no fees will be refunded. All
subscription fees are payable in U.S. dollars unless posted otherwise, and if
paid by an individual User may be paid by using any of the following credit
cards: VISA, MasterCard or American Express. You agree to pay all fees and
charges incurred for your Account. All fees and charges are non-refundable.
NetHandicap may change the fees and charges in effect, or add new fees or
charges, by giving you notice in advance. Any changes to fees or charges will
become effective when your next subscription fee payment is due, unless
NetHandicap has specified a later effective date. All fees and charges incurred
in respect of your Account will be charged to the credit card you designated
when registering. If you want to designate a different credit card, or change
from a monthly to an annual subscription or any other combination (or
vice-versa), you may do so by updating the information contained on your
Preferences section of the site. If you believe someone has accessed the
Service using your Account, without your authorization, you may change your
password at any time at the Member Profile page, or contact us by sending an
e-mail to administrator@nethandicap.com
to make other changes to your Account. Notice
of Renewal.
All paid Subscriptions will be automatically renewed upon expiry of the term
outlined above on the credit card obtained either at the time of the initial
billing or obtained any time throughout the membership from the NetHandicap
member. Once the Subscription fee has been renewed the membership fees paid
become non-refundable and final. The member of the Service will be notified of
an upcoming renewal within 30 days, or equal, prior to the expiry of the
Subscription renewal to ensure that the member of the Service will be given
proper notice of the renewal. As well, the member of the Service will be
notified that their membership has been renewed complete with an Order ID after
the renewal has taken place. In most cases, if not all, the member will be
notified by way of e-mail with the e-mail address of the member of the Service
which is prevailing on the NetHandicap Service at the time of the notice.
Should a member choose an alternative means to be notified of a renewal please
contact us by sending an e-mail to administrator@nethandicap.com
to make the request. Discontinuance
of Membership Subscription.
All paid Subscription members of the Service may discontinue the usage by
either sending an e-mail to administrator@nethandicap.com
or by not using the Service or not posting to the site. In any event, no
refunds will be provided at any time for the paid up membership either before
or after a renewal. Further, should a paid Subscription member of the Service
not want to automatically renew their paid Subscription membership for a new
term, then it is incumbent on the paid Subscription member to choose “Profile”
on the navigation sub menu and uncheck the “Automatically renew my membership
program” checkbox. NetHandicap will accept no responsibility for a member of
the Service does not manage their own Profile and auto renewal status among
other attributes of the Profile or Preferences page(s).
2. Restrictions
on Use. This Service is owned and operated by NetHandicap and its
affiliated companies and contains material which is derived in whole or in part
from material supplied and owned by NetHandicap, its Service Providers (defined
below) and other sources, and is protected by copyright, trademark, and other
applicable laws. NetHandicap may engage one or more parties to provide content
to the NetHandicap web site and/or Internet services, which parties will herein
be collectively referred to as "Service Providers." You may not modify, copy,
reproduce, republish, upload, post, transmit, publicly display, prepare
derivative works based on, or distribute in any way any material from this
Service including code and software ("Material"). You may download Material
from this Service for your personal, non-commercial use only, provided you keep
intact all copyright and other proprietary notices. In the event that you
download Material from the Service, such Material is licensed to you by
NetHandicap, Service Providers or their licensors, and neither NetHandicap nor
Service Providers, nor their licensors, transfer any ownership in such Material
to you. In the event you decide to utilize the tee-time booking service of
NetHandicap, you agree to be bound by NetHandicap's
Booking and Cancellation Policy and any documents referenced therein.
You agree not to establish a link on another web site that directs a user to
any location at the NetHandicap web site other than the NetHandicap home page,
which may be found at www.NetHandicap.com. The use of this site is limited to
residents of
3. Message
Board and Chat Services.
(a) General.
The Service may include discussion forums or user commentary areas (the
"Discussion Forum") and chat areas (collectively with the Discussion Forum, the
"Community Areas"). NetHandicap does not currently charge any amount for these
services in addition to the subscription fees described above, and reserves the
right to add or delete these services, or introduce a separate charge for these
services, at any time. Violation of the terms of this Agreement may result in
the termination of your right to use the Community Areas. 4. Submissions
. NetHandicap is pleased to hear from users and welcomes your comments
regarding its programs and services. Unfortunately, NetHandicap's company
policy does not allow it to accept or to consider creative ideas, suggestions,
or materials other than those it has specifically requested. We hope that you
will understand that the intent of this policy is to avoid the possibility of
future misunderstandings when projects developed by NetHandicap's employees and
agents might seem to be similar to creative works submitted by users.
Accordingly, while we value your feedback on our programs and services, we must
ask that you do not send original creative materials such as stories, ideas or
products. If, at our request, you send certain specific submissions (postings
to the Community Areas, or contests), or without a request from us you send
creative suggestions, ideas, notes or concepts or other materials, they shall
be deemed, and shall remain, the property of NetHandicap, and shall otherwise
be subject to the provisions of Section 3(d), above.
5. Disclaimer
of Warranties . NETHANDICAP HAS PROVIDED LINKS AND POINTERS TO INTERNET
SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO
TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER NETHANDICAP,
SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR
SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR
SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE
THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, NETHANDICAP AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER
BOOKGOLF.COM NOR SERVICE PROVIDER WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY AREAS, OR THE
SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NEITHER NETHANDICAP NOR SERVICE PROVIDERS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR
OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF
INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT
PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND
SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY
MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT
NETHANDICAP OR SERVICE PROVIDER) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION.
6. Limitation
of Liability . IN NO EVENT SHALL NETHANDICAP, 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 NETHANDICAP, SERVICE PROVIDER OR ANY OF THEIR
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NETHANDICAP, 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.
7. Indemnification
. You agree to release, defend, indemnify and hold harmless NetHandicap,
Service Providers, their affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or accruing from
(a) any material posted or otherwise provided by you that infringes any
copyright, trademark, trade secret, trade dress, patent or other intellectual
property right of any person or defames any person or violates their rights of
publicity or privacy, (b) any misrepresentation made by you in connection with
your use of the Service; (c) any non-compliance by you with the terms and
conditions of this Agreement; and (d) claims brought by persons or entities
other than the parties to this Agreement arising from or related to your access
and use of the Service, including the information obtained through the Service.
8. Termination
. This Agreement and the license rights granted hereunder shall remain in full
force and effect unless terminated, suspended, or canceled for any of the
following reasons: (a) immediately by NetHandicap for any unauthorized access
or use by you, including, without limitation (i) concurrent access of the
Service with identical user identification numbers, (ii) permitting another
person or entity to use your user identification number to access the Service,
or (iii) any other access or use of the Service except as expressly provided in
this Agreement; or (c) immediately, if you violate the terms and conditions of
this Agreement or the rules and regulations relating to the use of, or tamper
with or alter any of the software and/or data files contained in, or accessed
through, the Service. Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any right or relief to which
NetHandicap or Service Providers may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you will terminate and
revert to NetHandicap and its licensors.
9. Trademarks
. All trademarks, service marks and trade names used on the Service are the
property of NetHandicap Corporation or their respective owners, and may not be
copied, downloaded or otherwise exploited without the permission of NetHandicap
or the owner of such trademark, servicemark or trade name.
10. Minors
. If you have agreed to allow your minor child, or a child for whom you are
legal guardian (a "Minor"), to register as a member of the Service, you agree
that you shall be solely responsible for: (a) the online conduct of such Minor;
(b) monitoring such Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor.
11. Child
Online Protection Act Notification . Pursuant to 47 U.S.C. Section
230(d) as amended, NetHandicap hereby notifies you that parental control
protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such
protections is available at the Electronic Frontier Foundation Web site,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the
America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
12. Infringement
Policy. NetHandicap, on behalf of itself and Service Providers,
pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital
Millennium Copyright Act (the "Act"), reserves the right, but not the
obligation, to terminate your license to use the Service if it determines in
its sole and absolute discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement, regardless of
whether the material or activity is ultimately determined to be infringing.
NetHandicap and Service Providers accommodate and do not interfere with
standard technical measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section 512(c), NetHandicap, on
behalf of itself and Service Providers, has implemented procedures for
receiving written notification of claimed infringements and for processing such
claims in accordance with the Act. Our designated agent to receive notification
of claimed infringement is:
NetHandicap,
Inc. Director
of Marketing/Business Development In
addition, any written notice regarding any defamatory or infringing activity,
whether of a copyright, patent, trademark or other proprietary right, should be
sent to our designated agent, listed above, and must include the following
information:
A. A
physical or electronic signature of a person authorized to act on behalf of (1)
the owner of an exclusive right that is allegedly infringed or (2) the person
defamed. 13. Modification.
NetHandicap reserves the right to amend this Agreement, and to modify, add or
discontinue any aspect, content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become effective upon notice
thereof, which may be provided to you by posting on the Service, via e-mail or
any other reasonable means. NetHandicap may at any time revise this Agreement
by updating this posting on its Web site. By using this Service, you agree to
be bound by any such revisions and should therefore periodically visit the
NetHandicap Web site to determine the then current agreement by which you are
bound. A User not agreeing to any modified terms of this Agreement may
terminate his or her Account using the "Member Profile" page, or by sending an
e-mail to administrator@nethandicap.com
(specifying the username and password of the Account to be terminated).
Continued use of the Service by you shall be deemed to indicate your acceptance
of any such amendments, modifications, additions or deletions.
14. (1)
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
IN FORCE IN THE STATE OF ARIZONA, EXCLUDING ITS CONFLICTS OF LAW RULES. The
parties expressly agree to exclude the operation of the United Nations
Convention on the International Sale of Goods. YOU HEREBY EXPRESSLY AGREE THAT
THE FEDERAL AND STATE COURTS PRESIDING IN PHOENIX, ARIZONA SHALL HAVE SOLE AND
EXCLUSIVE JURISDICTION OF ANY AND ALL CAUSES OF ACTION arising out of or in
connection with this Agreement or any use of this Web site, the Service or any
products or services provided in connection therewith, and you agree that you
shall not commence any legal action against NetHandicap except in such courts.
The parties expressly waive any claim of lack of jurisdiction or improper venue
in any legal proceeding arising out of, in connection with, pursuant or
incident, to this Agreement or any use of this Web site, the Service or any
products or services provided in connection therewith.
15. Canadian
Jurisdiction. If you are accessing the Service from
(1)
This Agreement shall be governed by and construed in accordance with the laws
in force in the
16.
Security.
NetHandicap and its website affiliates maintain practices and procedures
designed to ensure the security, integrity and confidentiality of personal
information collection through the Sites. A firewall protects the e-mail server
to which all personal information is delivered. Access to the information is
limited to those employees and contractors who need it to carry out their
business functions. NetHandicap employees are educated about the importance of
safeguarding personal information and preventing unauthorized access,
disclosure and use. Finally, we use secure server software ("SSL") that
encrypts credit card information (including your name and address) submitted to
any of the Sites. This encryption protects this information so it cannot be
viewed as it is transmitted over the Internet. 17.
Handicap Matters.
You further acknowledge that your membership to a NetHandicap Golf Club
and your NetHandicap’s Golf Club’s registration is subject to termination if
NetHandicap or the USGA or RCGA (or other registered golf association
associated with NetHandicap) determines that you or your NetHandicap Golf Club
has failed to comply with the Golf Club By-Laws and the rules and regulations
established by the USGA or RCGA (or other registered golf association
associated with NetHandicap). You acknowledge and agree that you have no remedy
of any kind, express or implied, for damages of otherwise, against NetHandicap
in the event your status as a Member or your Golf Club registration is
suspended or terminated. 18. General
Matters. Unless otherwise specified, the materials on this Service are
presented solely to provide information regarding and to promote NetHandicap's
golf tee time scheduling service in
Privacy
Statement
We
are committed to safeguarding the privacy of its members and adheres to the
following policy. We suggest that you review the Privacy policy, which
describes how information is collected and used. Please check back from time to
time, as our policy may change.
In
addition to registration we may ask you for personal information at other
times, including (but not limited to) when you enter a contest or promotion
sponsored by NetHandicap and/or our partners. If you contact us we may keep a
record of that correspondence in order to ensure a prompt and accurate
response. NetHandicap also occasionally asks members to complete optional
surveys that we use for research purposes. This information will not be shared
with any third party without your direct permission. Wherever we collect
personal information we make an effort to include a link to this Privacy Policy
on that page.
We
may offer a special promotion for our Users to receive a gift with purchase
such as a magazine subscription, golf balls or other benefits.
In order to receive the promotional offer, we may use the information
filled in by the User and send it to a third party in order to fulfill on the
promotion. BY COMPLETING THE
REGISTRATION PROCESS AND BY CLICKING ON THE "CONTINUE" BUTTON, YOU AGREE TO THE
TERMS OF THIS PRIVAVCY AGREEMENT (INCLUDING THIS PARAGRAPH) JUST AS IF YOU HAD
SIGNED THIS USAGE AGREEMENT.
In
the course of using our site, we automatically track what browser you are
using, and your IP address. Many sites automatically collect this information.
We use your IP address to help diagnose problems with our server, and to
administer our Web site. Your IP address is also used for click stream data.
We
use temporary cookies to measure certain traffic patterns and tell us which
areas of NetHandicap you have visited, and your visiting patterns in the
aggregate. We use this research to understand how our members' habits are
similar or different from one another so that we can make each new experience
better. We may use this information to better personalize the content, banners,
and promotions that you and other members will see on our site. A temporary
cookie is erased at the to end of a session. The length of a session can vary
depending on browsers and servers, but generally a session is the length of
time that the browser is open for (even if you are no longer at our web
site).We allow you to use permanent cookies to remind us of who you are and to
access your account information in order to deliver more personalized service
to you. This cookie is set when you register or login and is modified when you
logout of NetHandicap. If you select not to use a permanent cookie, you are
required to enter your member ID and password in order to access our web site.
We
use various software programs to manage and display advertisements on our site.
These advertisements may contain cookies. While we use cookies in other parts
of our web site, cookies received with advertisements.
If
you indicated upon registration that you are interested in receiving offers or
information from NetHandicap and, we may occasionally send you e-mail or direct
mail such as our TeeMail, about products and services that we feel may be of
interest to you. Only NetHandicap, or sub-contractors working on our behalf of
and under confidentiality agreements, will send you these e-mails or direct
mailings. If you do not want to receive such mailings, simply tell us when you
give us your personal information or edit your member profile to no longer
receive such offers and mailings.
Book4golf.com
Corporation, a partner company of NetHandicap and its related companies may
from time to time use the information for similar uses as NetHandicap.
NetHandicap
reserves the right to disclose account information in special cases when we
have reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be violating
NetHandicap's Terms of Service or may be causing injury to or interference
with, either intentionally or unintentionally, NetHandicap rights or property,
other NetHandicap members, or anyone else that could be harmed by such
activities.
Send
an email: administrator@nethandicap.com
.
Send
an e-mail: administrator@nethandicap.com
.
Send
an email: administrator@nethandicap.com
.
(b) Quarterly Fee. You agree to pay US$10.50 for each 3
months of the Service (or the prevailing Fee at the time of the paid
Subscription which may be lower or higher based on promotional activity from
NetHandicap or any of its affiliates), payable in advance for 3 months' Service
at the time of registration and on the date of registration in each month after
the initial 3-month period. Quarterly subscriptions will automatically renew
and be billed to the credit card designated during the registration process.
Subscriptions may be cancelled at any time; however, no fees will be refunded.
(c) Free Trial. User is entitled to post up to the designated
golf scores or time allowance on the NetHandicap 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).
(b) Rules. It is a condition of your use of the Community
Areas and this Service that you do not: (i) restrict or inhibit any other user
from using and enjoying the Community Areas; (ii) post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national, foreign or international law; (iii) post or
transmit comments containing harassing or offensive language, including sexual
references, sexual nicknames, racial slurs or rude or deliberately offensive
comments or engage in disruptive activities online, including excessive use of
scripts, sound waves, scrolling (repeating the same message over and over), or
use viruses, bots, worms, trojan horses or other harmful components; (iv) post
or transmit any information, software or other material which violates or
infringes the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto, without
first obtaining permission from the owner or right holder; (v) post, transmit
or in any way exploit any information, software or other material for
commercial purposes or which contains advertising; (vi) solicit other users to
join, become members of, or contribute money to any online service or other
organization, advocate or attempt to get users to join in legal or illegal
schemes or plan or participate in scams involving other users; (vii)
impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity; (viii)
resell, redistribute, broadcast or transfer the information or use the
information in a searchable, machine-readable database; or (viii) use the
Service to collect personally identifying information about users of the
Service. You agree that you will not use the Service, including the information
provided therein and all related equipment, networks and network devices
(specifically including Internet access) for any unlawful purpose. NetHandicap,
at its sole and absolute discretion, shall determine whether any information
transmitted or received violates this provision.
(c) Monitoring. You understand that NetHandicap has no
obligation to monitor the Community Areas. However, NetHandicap reserves the
right at all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in NetHandicap's sole and
absolute discretion are objectionable or in violation of this Agreement. You
acknowledge that NetHandicap and/or Service Providers reserve the right to, and
may from time to time, monitor any and all information transmitted or received
through the Service, for operational and other purposes. During monitoring,
information may be examined, recorded, copied, and used for authorized purposes
in accordance with our Privacy Policy. Use of the Service constitutes consent
to such monitoring.
(d) License. Except as set forth in the Privacy Policy, by
posting messages, uploading files, inputting data, or engaging in any other
form of communication (a "Communication") through the Community Areas, you are
granting NetHandicap a royalty free, irrevocable, perpetual, non-exclusive,
unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit,
publicly perform or display any such Communication, and (ii) sublicense to
third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to such Communication. No Communication shall be subject
to any obligation of confidence on the part of NetHandicap. The foregoing
grants shall include the right to exploit any proprietary rights in such
Communication, including but not limited to rights under copyright, trademark,
servicemark, or patent laws in any relevant jurisdiction.
(e) Content. Communications posted in the Community Areas are
provided by users such as yourself who are unaffiliated with NetHandicap, and
the user providing each such Communication is solely responsible for the
content thereof. In using the Community Areas, you should not assume that such
messages have been reviewed by NetHandicap, that such Communications contain
correct information, or that the persons posting such Communications have
accurately identified themselves and/or their affiliation with any third party.
(f) Personal Safety. When using the Service, please be
certain that anything you say does not compromise your personal safety. Do not
provide your name, phone number or any other personally identifying information
to people you do not know. Do not continue any conversation online that makes
you feel uncomfortable.
administrator@nethandicap.com
B. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site. Similarly for other types of infringing materials, a list of such
materials.
C. Identification of the material that is claimed to be infringing,
to be the subject of infringing activity, or that is claimed to be defamatory
and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you,
such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright or
other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate,
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