Welcome to OrganizeYourgolfEvent.com (“OYGE”). OYGE is designed and operated so you can organize golf events, promote golf events, offer ideas to OYGE users on organizing the best possible golf event. Before we describe our Terms of Service, we want to briefly lay out some ground rules in simple terms.
On this Web site the golden rule applies: Treat others the way you would like to be treated. Racial slurs, foul language, and derogatory comments should have no place.
This is a self-policing Web site. Rational individuals can and do disagree; so, we have created a process for you if you feel something appearing on the Web site is inappropriate. If you object to something placed on OYGE, tell us. While we cannot guarantee that we will agree with every complaint we receive, we want you to let us know. We will review your complaint, contact the person who posted the material and make a decision on whether the post will remain.
We may also plan on sharing the best stories and photographs and ideas in other OYGE products in the future. For that reason, we need to retain the rights to the materials you send us. If you post something on the Web site, make sure you have the right to do so. Do not post others' work.
TERMS OF SERVICE
We have developed these Terms of Service to govern your use of OYGE. Your use of our site tells us you have read and agreed to these Terms of Service/Privacy Policy. If you do not agree with any of these terms, please exit OYGE. OYGE reserves the right to terminate any registered user account and deny access to the Web site to any person who violates these Terms of Service.
Registration. If you become a registered user of OYGE, you accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access OYGE using your name in whole or in part without our permission. If you believe someone has accessed OYGE using your user name and password without your authorization, e-mail us immediately at the address listed in the Contact Us section at the end of these Terms of Service.
You are responsible for all fees and charges incurred to access OYGE through an Internet access provider or other third party service.
User Content Representations and Warranties. By placing material on OYGE, including without limitation any communications during registration, any Content (defined below) on or any communications to any OYGE bulletin board, forum, blogspace, message or chat area, posting text, images, audio files, audio-visual content, or any other content, or any classified advertisement (collectively "User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to use it as provided in this Terms of Service; (2) the User Content does not violate these Terms of Service; and (3) the User Content will not cause injury to any person or entity.
User Content License. For all User Content provided to or placed on OYGE, you grant GTYD, Inc. (“GYTD”), a Massachusetts corporation, its parents, affiliates and related entities, including without limitation OYGE a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from the User Content, 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 GTYD to share the User Content across all GTYD affiliated Web sites, newspapers, broadcasts, and other media platforms, to include the User Content in a searchable format accessible by users of OYGE and other GTYD Web sites, to place advertisements in close proximity to such User Content, and to use your name and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you post or otherwise make available on OYGE. You also grant GTYD the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and/or User Content. All rights in this paragraph are granted without the need for compensation of any sort to you.
By posting content or otherwise providing information on OYGE, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against OYGE and its parent, affiliates and related entities regarding the use of User Content, materials and/or ideas.
User Content Removal. You acknowledge that OYGE and/or its designees shall have the right (but not the obligation), in their sole discretion, to move, remove, or block any User Content for any reason, including without limitation that such User Content violates the Terms of Service or is otherwise objectionable.
User Content Assumption of Risk. OYGE bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of OYGE and the volume of messages and postings, OYGE cannot and does not monitor all of the material posted, uploaded, or transmitted by users and third party information providers, and OYGE does not guarantee the accuracy, integrity, or quality of any User Content. ALL USER CONTENT POSTED OR UPLOADED TO OYGE IS THE SOLE RESPONSIBILITY OF THE PERSON WHO POSTED OR UPLOADED IT. THIS MEANS YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU POST OR UPLOAD TO OYGE. To protect your safety, please use your best judgment when using these forums. We 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, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you. OYGE reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
User Content Posting Rules. Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ -- judgment and opinion are subjective things -- and we encourage freedom of speech and a marketplace of ideas. But by using these areas of OYGE, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any User Content posted on our Web site at any time for any reason. Any decisions as to whether User Content violates any Posting Rule will be made by OYGE in its sole discretion and after we have actual notice of such posting. When you post or upload User Content, you agree to the following Posting Rules:
Do not post or upload User Content that:
contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
violates any right of OYGE or any third party.
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
interferes with any third party's uninterrupted use of OYGE.
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
uploads copyrighted or other proprietary material of any kind on OYGE without the express permission of the owner of that material.
uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.
uploads or transmits viruses or other harmful, disruptive or destructive files.
disrupts, interferes with, or otherwise harms or violates the security of OYGE, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through OYGE or affiliated or linked sites.
"flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
that impersonates any person or entity, including, but not limited to, a StuffSafe or UpStart Productions employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that includes links to commercial services or web sites
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Transactions and E-commerce on Our Site. During your visit to our Web site you may elect to engage in a transaction involving the purchase of a product or service. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. OYGE cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree OYGE is not responsible for such errors or discrepancies.
Communications with Third Parties through OYGE. Your dealings or communications through OYGE with any party other than OYGE are solely between you and that third party. For example, certain areas of OYGE may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by third-party vendors. Under no circumstances will OYGE be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to OYGE you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. OYGE is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with OYGE, with the exception of User Content, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by GTYD, and its affiliated companies, licensors and suppliers. In cases where OYGE links to third party content, copyright ownership is retained by the third party. You may use the OYGE Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to OYGE, you may do so provided you agree to cease such link upon request from OYGE. Other uses are not permitted without prior written permission of OYGE. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through OYGE, not to insert any code or product or manipulate the content of OYGE in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to info@organizeyourgolfevent.com. In certain cases, you may be able to obtain a license to use content that appears on OYGE through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce content for other use). In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use the Content.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of OYGE, in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on OYGE, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
your address, telephone number, and e-mail address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
OYGE’s copyright agent can be reached as follows:
Copyright Agent, John T. Manaras, Anderson Gorecki & Manaras LLP, 33 Nagog Park, Acton, MA 01720.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OYGE'S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to OYGE's designated Copyright Agent, (see above for contact information), that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
an electronic or physical signature of the registered user;
a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly);
your address, telephone number, and e-mail address;
a statement by you, under penalty of perjury, that you (the registered user) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which OYGE may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
General Disclaimer and Limitation of Liability. OYGE makes no warranties or representations as to the accuracy of the Content and assumes no liability or responsibility for any error or omission in the Content. OYGE does not represent or warrant that use of any Content will not infringe rights of third parties. OYGE has no responsibility for actions of third parties or for content provided or posted by others. USE OF OYGE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER GTYD, INC., OYGE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING OYGE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH OYGE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OYGE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES OYGE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. OYGE AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
OYGE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS, USERS, AND ORGANIZATIONS. OYGE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH OYGE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL OYGE OR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OYGE OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, OYGE AND GTYD, INC., EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF OYGE; (2) OYGE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR REGISTERED USER ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. OYGE is controlled, operated and administered by OYGE from its offices within the United States. OYGE makes no representation that materials or Content available through OYGE are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use OYGE or export the Content in violation of U.S. export laws and regulations. If you access OYGE from a location outside the United States, you are responsible for compliance with all applicable laws.
Modification of These Terms of Service. OYGE reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of OYGE after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
Limitations on Service - You acknowledge that OYGE may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OYGE has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
Discontinuation of Web Site and/or Service. OYGE may modify, suspend, discontinue or restrict the use of any portion of OYGE, including the availability of any portion of the Content or User Content at any time, without notice or liability. OYGE may deny access to any person or user at any time for any reason. In addition, GTYD, INC. or OYGE may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires GTYD, INC., OYGE or any of their assets.
Indemnity - You agree to indemnify and hold GTYD, Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Governing Law and Consent to Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to OYGE must be filed in a federal or state court located in Boston, Massachusetts.
Statute of Limitations. You agree to file any claim regarding any aspect of this Web site or these Terms of Service within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.
Severability. If for any reason any provision of these Terms of Service is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of theses Terms of Service shall continue in full force and effect.
No Waiver. Any failure of OYGE to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.
Section Titles. The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to OYGE, and all other provisions for which survival is equitable or appropriate.
Conflicts. In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.
Contact Us. To contact OYGE, please use the following:
