1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the RoughReport.com Website service (the "Service" or the "Website"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Captain Seat, LLC
1.2 Captain Seat, LLC, may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO: feedback@RoughReport.com (SEE SECTION 13.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 Captain Seat, LLC may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Captain Seat, LLC, may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. Captain Seat, LLC CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on Captain Seat, LLC (including, but not limited to profiles, reviews, instruction, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, trademarks, trade secrets, patents or other proprietary rights and protected in all forms, media and technologies now or hereinafter developed. The Content is owned or controlled by and shall remain the property of Captain Seat, LLC or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to US and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display or in any way exploit any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Captain Seat, LLC, or the copyright holder identified in the copyright notice contained in the Content.
2.4 You, not Captain Seat, LLC, or the party credited as the provider of the content, are liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm arising from your failure to abide by the provisions of this Section 2.
3. FORUMS, CHATS, E-MAIL, MEMBER REGISTRIES, FIND PLAYING PARTNERS, POST TEE TIMES, PROFILES, GOLF COURSE REVIEWS, PRODUCT REVIEWS, MEMBER PHOTOS AND CLASSIFIEDS
3.1 You shall not upload to, distribute or otherwise publish on the message boards, chats, e-mail, member registries, find playing partners, post tee times, profiles, golf course reviews, product reviews, member photos, classifieds or other user content generated sections any libelous, defamatory, obscene, pornographic, abusive, racist, explicit, vulgar or otherwise illegal material.
3.2 The message boards, chats, e-mail, member registries, find playing partners, post tee times, profiles, golf course reviews, product reviews, member photos, classifieds or other user content generated sections shall be used only in a noncommercial manner. You shall not, without the express approval of Captain Seat, LLC, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You are solely responsible for the content of your messages and photos. However, while Captain Seat, LLC, does not and cannot review every message or photo or information posted or published by you on the message boards, chats, e-mail, member registries, find playing partners, post tee times, profiles, reviews, members photos and classifieds and is not responsible for the content of these messages, Captain Seat, LLC, reserves the right to delete, move or edit messages or photos that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable, but has no obligation to review or remove any such content. To protect your safety, please use your best judgment when using public areas of our website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms and other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you.
3.4 You acknowledge that any submissions or publishing you make to the website (e.g., classifieds, review, member registries, find playing partners, profiles, chats, commentary, message board postings, or other user content generated sections) may be edited, removed, modified, published, transmitted and displayed by Captain Seat, LLC, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
3.5 For all such information and material submitted or published, you grant Captain Seat, LLC, its affiliates and related entities, including RoughReport.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, disseminate, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Captain Seat, LLC to share the information across all Captain Seat, LLC affiliated Web sites, if any, to include the information in a searchable format accessible by users of RoughReport.com and other Captain Seat, LLC websites, and to use your name and any other information in connection with its use of the material you provide. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
3.6 Captain Seat, LLC strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the message boards. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited in our message boards and e-mails. With the exception of paid advertising programs and sponsorship, our message boards and classifieds also prohibit sending or posting SPAM to the message boards to drive visitors to your Website, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
3.7 Captain Seat, LLC is not involved in any transaction between any parties who use our Site. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. The RoughReport.com Website is a venue only and we do not screen, censor, or otherwise control the classifieds or other advertisement listings, its users, or their behavior. We cannot control whether or not users of our classifieds will complete the transactions they describe on our Site. It is extremely important that you use care throughout your dealings with other people on this Site. Captain Seat, LLC prohibits misleading offers that do not list the total purchase price or a "bait & switch" of products; advertisements listed in the incorrect category; duplicate listings that contain more than 60% of the same characters, regardless of category; nor any illegal offering. Captain Seat, LLC. prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, user account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, from any party, related to such exposure. Captain Seat, LLC prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
- Pharmaceuticals or any other controlled substance
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone's rights
- Any item, which in Captain Seat, LLC's sole discretion, is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
- Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited in our classifieds.
You understand and agree that you are responsible for all applicable taxes and for all costs that are incurred in using the classifieds or other advertising programs. We may also, in our sole discretion, add or delete fees associated with the service. You agree not to resell or assign your rights or obligations under this User Agreement. You also agree not to make any unauthorized commercial use of the classifieds or to make use of any person's information other than as necessary to complete any classifieds transactions in which you are involved. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Captain Seat, LLC classifieds and any user of the service.
4. SPONSORS, THIRD PARTIES AND ADVERTISERS
4.1 Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, products, services, golf instructors, or advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Captain Seat, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
5. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5.1 Captain Seat, LLC, may contain links to other related World Wide Web Internet sites, resources and sponsors of Captain Seat, LLC. Our decision to link to another Website is not an endorsement of the content in that linked Website. We are not responsible for the availability of the outside resources or content of any other Website, nor do we make any warranties or representations regarding the content, accuracy of material, services, or products purchased on or through such Websites. If you decide to access linked Websites, you do so at your own risk. You should direct any concerns to the administrator or webmaster of that Website.
6. REPRESENTATIONS AND WARRANTIES BY YOU
6.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen (13) years old. You hereby indemnify, defend and hold harmless Captain Seat, LLC, and all officers, directors, owners, agents, information providers, advertisers, contributors, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Captain Seat, LLC, reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
7.1 NEITHER Captain Seat, LLC, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, SUPPLIERS OR THIRD PARTY CONTRIBUTORS (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS OF ANY OF THE CONTENT, INFORMATION OR SERVICES, NOR ITS FITNESS FOR ANY PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY OR WRONGFUL DEATH CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
GOLF IS AN ATHLETIC ACTIVITY AND HAS INHERENT RISKS AND SAFETY HAZARDS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT OF THIS SERVICE AS RELATES TO YOUR PARTICIPATION IN THE SPORT.
THE SERVICE IS BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ALL OF THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE, INSTRUCTION, PROFILE, REVIEW OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH ADVICE, INSTRUCTION, PROFILE, REVIEW OR INFORMATION. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
8. REGISTRATION AND SECURITY
8.1 As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that Captain Seat, LLC, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
8.2 (a) You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password.
8.3 You must be 13 years or older to subscribe to the Service.
8.4 You are responsible for all usage or activity on your Captain Seat, LLC, account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Greenskeeper LLC's sole discretion, and Captain Seat, LLC, may refer you to appropriate law enforcement agencies.
9. FEES AND PAYMENTS FOR ADVERTISING, PROMOTION OR CLASSIFIEDS
9.1 If you purchase any advertising, promotional space, or premium classified advertising from Captain Seat, LLC, you shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay any and all applicable taxes relating to use of the Service through your account.
10. WEBSITE AND SOFTWARE LICENSES
10.1 You shall have no rights to the website, content, graphics, code or proprietary software and related documentation, or any enhancements or modifications thereto, used in presenting the RoughReport.com website. You may not sublicense, assign or transfer any licenses, if any, granted by Captain Seat, LLC, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works from RoughReport.com, its code or programming, or its.
11. PROMOTIONAL CONTESTS
11.1 Rules for Captain Seat, LLC promotional contests may be found on the respective contest information pages.
12.1 You may terminate your account at any time by sending e-mail to: email@example.com.
12.2 Captain Seat, LLC, may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
13.1 This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, County of Ventura. If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force. This Agreement and any other terms and conditions of service on http://www.roughreport.com constitute the entire agreement between you and Captain Seat, LLC and govern your use of the Service.
13.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in the privacy statement of Captain Seat, LLC, which can be read here.
13.3 Official correspondence must be sent via postal mail to: Captain Seat, LLC, 548 Market St PMB 77595 San Francisco, California 94104-5401
13.4 You agree to report any copyright violations of the Subscriber Agreement to Captain Seat, LLC, as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please notify us at Captain Seat, LLC, 548 Market St PMB 77595 San Francisco, California 94104-5401 (Please direct all general questions to firstname.lastname@example.org.)