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TERMS OF SERVICE THESE TERMS AND CONDITIONS OF SERVICE ("Terms") ARE A
LEGAL AND BINDING AGREEMENT BETWEEN YOU AND MASTER STROKES, INC., governing
your use of these websites, http://masterstrokesgolf.com ("Site"). Please
review these terms fully before you continue to use the Site. By using the Site,
you agree to be bound by these Terms. You shall also be subject to any
additional terms posted with respect to individual sections of the Site, which
also govern your use of the Site. If you do not agree to these Terms, you are
directed to discontinue using and accessing the Site. Master Strokes, Inc. reserves the
right to change these Terms at any time without prior notice. Your continued
access or use of the Site after such changes indicates your acceptance of the
Terms as changed. It is your responsibility to review these Terms regularly.
These Terms were last updated on January 1, 2004. The Site (including their operating source code) is
owned by Master Strokes, Inc. All of the content featured or displayed on the Site,
including, but not limited to, still images, illustration, text, pictorial
works, video images, still images of video, graphic designs, audio recordings,
multimedia combinations, and computer applications and codes ("Content") is owned or licensed by Master
Strokes, Inc. Your access and use of the Site is at your risk. If
you are dissatisfied with any of the Content contained in the Site, with the
quality of service, or with these Terms, your sole and exclusive remedy is to
discontinue accessing and using the Site. Pursuant to the copyright and trademark laws of the
United States, you agree: 1.
That
you may only download a single copy of any Content, to a single computer, for
personal and non-commercial use. 2.
Not
to reproduce, distribute, modify, re-post on other websites or computer
networks, or sell any Content without the express written consent of Master
Strokes, Inc. 3.
Not
to transfer or store any Content residing or exchanged over the Site in any
electronic network for use by more than one user. 4.
To
maintain any and all copyright or other proprietary notices embedded in (or
attached to) any Content. 5.
Not
to frame or mirror any portion of the Site on any other websites or computer
networks. 6.
That
by posting or submitting any text, digital images and portfolios, or other
materials to the Site, you grant Master Strokes, Inc. a non-exclusive,
worldwide, royalty-free, assignable, irrevocable, perpetual license for the
worldwide use, display, and/or sublicense of such materials, for the sole
purpose of authorizing Master Strokes, Inc. to post such text or other
materials. 7.
To
assume full and sole responsibility for any postings you make to the Site. 8.
Not
to collect or use any information about other users of the Site. 9.
Not
to engage in data extraction or data-mining. Pursuant to Title 17, United States Code, Section 512,
notifications of claimed copyright infringement on the Site should be sent to
our designated agent. If you believe that your work has been used in a way that
may constitute copyright infringement, you should furnish the following
information to Master Strokes, Inc.'s designated agent: 1.
An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; 2.
A
description of the copyrighted work that you claim has been infringed; 3.
A
description of where the material that you claim is infringing is located on
the site; 4.
Your
address, telephone number, and e-mail address; 5.
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; and 6.
A
statement by you, made under penalty of perjury, that the above information in
your notice is accurate, and that you are the copyright owner or authorized to
act on the copyright owner's behalf. 7.
Master Strokes, Inc.'s designated agent for notice of
claims of copyright infringement on the Site is its President who can be
reached as follows:
The Site (and all Content posted on the Site) are
provided to you "as is" and without any warranties. You agree that you must
evaluate and bear all risks associated with use of the Site, including those
risks associated with reliance on the accuracy, thoroughness, or utility of any
Content. MASTER STROKES, INC., EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES
SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. You agree that Master Strokes, Inc.'s maximum
liability arising from any use of the Site under any circumstances will be
limited to the greater of (A) the amount of fees you paid to Master Strokes,
Inc. during the twelve-month period immediately prior to the act (or omission)
giving rise to the alleged liability, and (B) U.S. $100.00. (Some states do not
allow the exclusion or limitation of incidental or consequential damages, so Master
Strokes, Inc.'s limitation or exclusion may not apply to you.) IN NO EVENT WILL MASTER STROKES, INC. OR ITS
DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY CONTENT, OR ANY
PRODUCT OR SERVICE SOLD ON OR THROUGH THESE SITE. You acknowledge that due to the immediate nature of
the Internet, Master Strokes, Inc. does not review, censor, approve, edit, or
endorse information placed on the Site by its users. Master Strokes, Inc.
cannot and does not guarantee that inappropriate material will not be posted. Master
Strokes, Inc. will endeavor to review user postings from time to time, and will
take steps to remove inappropriate postings that come to its attention. The Site may provide links to other websites and
resources. Because Master Strokes, Inc. has no control over such sites and
resources, you acknowledge and agree that Master Strokes, Inc. is not
responsible for the availability of such websites and resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such websites and resources.
You further acknowledge and agree that Master Strokes, Inc. shall not be
responsible or liable for any damage or loss caused or alleged to be caused in
connection with use of (or reliance on) any such linked content, goods, or
services available on (or through) any such linked website and resource. All users shall use the Site for lawful purposes only.
You agree not to post or transmit through the Site any material that is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, which encourages criminal conduct, or that
may give rise to civil liability. You agree not to post or transmit through the
Site any material or text which constitutes advertising or solicitation with
respect to any product or service, unless expressly authorized in writing by Master
Strokes, Inc. to do so. Conduct by any user that (in the sole judgment of Master
Strokes, Inc.) restricts or inhibits any other user from using or enjoying the Site
will not be permitted. Master Strokes, Inc. reserves the right (in its sole
discretion) to refuse access to the Site to any user for any reason (including
a belief that the user in question has violated these Terms or any of the
copyright or trademark laws of the United States). ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE
SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE,
MASTER STROKES, INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO
THE FULLEST EXTENT PERMITTED BY LAW. You agree to indemnify, defend, and hold harmless Master
Strokes, Inc. and its shareholders, officers, directors, employees, agents, and
representatives from and against all losses, expenses, damages, and costs
(including attorneys' fees) resulting from any violation of these Terms. Master
Strokes, Inc. reserves the right to assume, at its sole expense, the exclusive
defense and control of any matter subject to indemnification by you. In such
event, you will fully cooperate with Master Strokes, Inc. in asserting any
available defenses. Any and all disputes (with the exception of copyright
claims) arising out of, under, or in connection with these Terms (including
without limitation, their validity, interpretation, performance, or breach)
shall be adjudicated exclusively in the federal or state courts located in
Suffolk County, New York. This agreement, its validity and effect, shall be
interpreted under and governed by the laws of New York, without regard to its
conflict of laws provisions. Copyright claims shall be brought in a federal
court located in Suffolk County, New York. You expressly consent to the
jurisdiction of such courts over you. You expressly waive any claim of forum
non conveniens. You agree to reimburse Master Strokes, Inc. for its legal fees
and expenses of instituting (or defending) a lawsuit against (or by) you. These Terms (and any other operating rules or terms
posted on the Site) constitute the entire agreement between Master Strokes,
Inc. and you, and supersede all previous written or oral agreements between us.
No action (or inaction) by Master Strokes, Inc. may be construed as a waiver of
these Terms (or any part). If any of the provisions of these Terms are held to
be unenforceable by a court having competent jurisdiction, the remainder of
these Terms will continue in full force and effect. Your access to and use of the Site, all Content, and
all products and services of Master Strokes, Inc. (regardless of media) is
subject to the terms, conditions, and disclaimers set forth below and from time
to time throughout the Site, and to all applicable laws and regulations. In
addition, Master Strokes, Inc. reserves the right to terminate access to the Site
for any reason, and to take any other actions that Master Strokes, Inc., in its
sole discretion, believes to be in its interests and those of its users. Master
Strokes, Inc. reserves the right to modify these disclaimers, terms, and
conditions of access, without advance notice. By your acceptance of these Terms and use of the Site,
and as a material condition of such use, you warrant that you are over the age
of eighteen and that you have provided accurate and complete information in any
communication with Master Strokes, Inc. (including your login and user
profile). Access to many pages on the Site is limited to
registered users, who are issued user names and passwords. Use of any
password-protected area of the Site is restricted to the registered user who has
been given permission and a password to enter such area. This password may not
be distributed to others, and the registered user is responsible for any and
all damages to Master Strokes, Inc. resulting from the distribution of his (or
her) password. You are responsible for maintaining the
confidentiality of your password. You will be responsible for all uses of your
registration, whether or not authorized by you. You agree to notify Master
Strokes, Inc. immediately of any unauthorized use of your registration or
password. Your access to the Site is licensed to you, not sold.
This license immediately terminates upon your breach of these Terms. In
addition, Master Strokes, Inc. may terminate this license immediately at any
time, at will and for the convenience of Master Strokes, Inc. If you do not
abide by the disclaimers, limitations, exclusions, or conditions as provided in
these Terms, you are not authorized to use the Site. For any Content you submit ("Submissions") to Master Strokes, Inc.,
including profile information, postings on online forums, digital images, video,
text submissions, and e-mail: 1.
You
warrant that you own the right to utilize, to license, and to sublicense the
Content and 2.
None
of the Submissions will be subject to any obligation (whether of
confidentiality, attribution, or otherwise) on the part of Master Strokes, Inc.
Master Strokes, Inc. will not be liable for any use or disclosure of any
Submissions. Master Strokes, Inc. and the Site, and all Content
contained on the Site, are protected by United States trademark and copyright
law and other applicable laws, and are the property of Master Strokes, Inc.
(except as expressly identified on the Site). All copyrights and trademarks not
the property of Master Strokes, Inc. that are used (or referred to) in the Site
are the property of their owners. Nothing contained in the Site shall be
construed as granting any license or other rights to any copyright, trademark,
patent, or other property of Master Strokes, Inc. or any third party, whether
by implication, laches, estoppel, or explicit grant. The Content is
proprietary. Any unauthorized use of Content or other materials on the Site may
violate the law, and will be a violation of these Terms. You are solely responsible for any and all acts and
omissions that occur during (or relating to) your use of the Site. You agree
not to engage in use of the Site that is unacceptable or illegal (as determined
by Master Strokes, Inc. in its sole discretion). Specifically, you agree not
to: 1.
Post
or transmit "spam," unsolicited messages, chain letters, any
advertisements, solicitations, pyramid schemes, investment opportunities, or
other unsolicited commercial communication. 2.
Post
or transmit material that may be abusive, obscene, defamatory, harassing,
grossly offensive, vulgar, threatening, or malicious, or any Content that is
unlawful, is intended to be used for any unlawful purpose, is false or
misleading, or that actually or potentially infringes the copyright, trademark,
patent, trade secret or other right of any person, including Master Strokes,
Inc. 3.
Post
or transmit any non-public information about companies. 4.
Create
a false identity or otherwise attempt to mislead any person as to the identity
or origin of any communication. 5.
Purchase,
sell, or offer to purchase or sell any equity or security or market instrument,
or to provide information designed to manipulate any equity or security or
market. 6.
Interfere,
disrupt, or attempt to gain unauthorized access to other profiles or accounts
on the Site or any other computer network. 7.
Print
(or otherwise copy or use) any personally identifiable information about other
users of the Site. 8.
Post
or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or
other items of a destructive nature or any other malicious code or program. 9.
Express
or imply that any statements you make are endorsed by Master Strokes, Inc. 10.
Restrict
or inhibit any other user from using or accessing the Site, including
"hacking" or defacing any portion of the Site. 11.
Modify,
adapt, sub-license, translate, sell, reverse engineer, decompile, or
disassemble any portion of the Site. 12.
Remove
any copyright, trademark, or other proprietary rights notices contained in the Site. 13.
Engage
in any other activity deemed by Master Strokes, Inc. (in its sole discretion)
to be in conflict with the spirit or intent of these Terms. You understand that by accessing and using the Site,
you may be exposed to Content that may offend you or challenge your beliefs.
Your sole and exclusive remedy is to avoid such Content by discontinuing your
access and use. Opinions and other statements expressed by users are
theirs alone, and are not opinions of Master Strokes, Inc. Content created by
users are the sole responsibility of such users, and their accuracy and
completeness are not endorsed or guaranteed by Master Strokes, Inc. The Site
may provide links to other web pages, web sites, and various resources or
locations on the Internet. Master Strokes, Inc. has no control over the
information you access via such links, does not endorse that information, and
is not to be responsible for it or for the consequences of your use of that
information. Master Strokes, Inc. does not initiate, edit, modify,
select, or designate specific recipients for any messages or other data entered
into the online forums or any other part of the Site, except that (i) Master
Strokes, Inc. may consolidate and edit for clarity any Content posted to online
forums, (ii) Master Strokes, Inc. may inform registered users of particular
content, ask for their response, or ask them to host discussions, and (iii) Master
Strokes, Inc. reserves the right to monitor the Site and to remove any
information that Master Strokes, Inc. (in its sole discretion) considers to be
inappropriate or unlawful. The exercise of such rights will not create an
obligation for Master Strokes, Inc. to monitor, screen, or edit Content on the Site
in any way. The forums are designed to permit you to share your
ideas and opinions. Information on the forums is provided by Master Strokes,
Inc.'s staff and other contributors, some of whom use anonymous screen names
and are people not otherwise connected with Master Strokes, Inc. You
acknowledge that a large volume of information is available in our Forums and
that people participating in such forums occasionally post messages or make
statements, whether intentionally or unintentionally, that are inaccurate,
misleading, or deceptive. Master Strokes, Inc. neither endorses nor is
responsible for such messages or statements, or for any opinion, advice,
information, or other utterance made or displayed on the Site or forums by
third parties. The opinions expressed in the forums reflect solely the opinions
of the participants and may not reflect the opinions of Master Strokes, Inc. Master
Strokes, Inc. is not responsible for any errors or omissions in postings in the
forums, for hyperlinks embedded in messages, or for any results obtained from
the use of such information. Under no circumstances will Master Strokes, Inc.
be liable for any loss or damage caused by your reliance on such information
obtained through the Site or the online forums. The Pro Directory is designed to create a vehicle for PGA
Instructors to introduce their services to prospective users, clients and golf students.
Master Strokes, Inc. does not participate in any financial, business, or legal
arrangements between its users. Master Strokes, Inc. derives no compensation
from transactions between its users. Master Strokes, Inc. is not to be held
liable for any reason relating to the introduction of users by means of the Site,
or any subsequent interaction between users. When you use these Site, Master Strokes, Inc.
automatically tracks certain information about you. This information includes
your domain name and IP address, your browser version, your operating system,
the URL you came from, the pages you visit within the Site, and the URL to
which you go upon leaving the Site. Master Strokes, Inc. uses this information,
in an aggregate form only, to monitor the Site' performance, utilization of
features and services, traffic trends, and browser version. The Site has security measures in place to protect the
loss, misuse, and alteration of the information under Master Strokes, Inc.'s
control. All information is stored on a secure server that is not accessible
through the Internet. "Cookies" are pieces of information that may be placed on your computer
by a website for the purpose of facilitating and enhancing your communications
and interaction with that website. Master Strokes, Inc. may use cookies to (i)
customize your visitation experience, (ii) deliver Content consistent with your
stated interests, (iii) provide you with custom-tailored Content, and (iv) to
save your password (if you have registered with Master Strokes, Inc.) so that
you do not have to re-enter it each time that you visit the Site. By showing Master
Strokes, Inc. how and when its users use the Site, cookies also help Master
Strokes, Inc. ascertain which areas are popular and which are not. Many
improvements and updates to the Site are based on data such as total number of
visitors and pages viewed. Most browsers are initially set to accept cookies.
You can, however, set your browser to refuse cookies. Master Strokes, Inc. will never use cookies to
retrieve information from your computer for purposes that are unrelated to the Site. By using the Site, you consent to the collection and
use of your information by Master Strokes, Inc. as described in these Terms. Master Strokes, Inc. does not use, sell, rent, or
exchange your personal information at the present time, but reserve the right
to do so without notice. You may at any time prevent Master Strokes, Inc.'s
use, sale, rental, or exchange of your personal and demographic information by
"opting out" of specific mailing lists and services by e-mailing Master Strokes,
Inc. at editor@masterstrokesgolf.com Although Master Strokes, Inc. strives to protect the
personal information and privacy of each user, Master Strokes, Inc. cannot
guarantee the security of any information you disclose online, and you do so at
your own risk. You acknowledge that you are aware of security and privacy
limitations including but not limited to: (1) the global accessibility of World
Wide Web sites on the Internet; (2) the limitation of security, privacy, and
authentication measures and features in this Site; and (3) the risk that data
or information on the Site may be subject to eavesdropping, sniffing, spoofing,
forgery, spamming, "impostering", tampering, breaking passwords, harassment,
fraud, electronic trespassing, hacking, nuking, system contamination (including
viruses, worms, and Trojan horses) causing unauthorized, damaging, or harmful
access and/or retrieval of information and data on your computer, may be
subject to other security or privacy hazards, may not reach its destination, or
may reach an erroneous address or recipient. Master Strokes, Inc. is committed to the safety of
children and to protecting the online privacy of children. Children under 18
may not purchase products on this Site. If a child under 18 nonetheless elects
to purchase products on the Site, he (or she) should always ask a parent for
permission before sending any personal or credit card information to the Site,
or sending personal information to anyone online. Master Strokes, Inc. will not
request or knowingly collect from a child any personal information about the
child or child's family. Master Strokes, Inc. is not able to prohibit minors
from visiting this Site. Master Strokes, Inc. relies on parents, guardians, and
those responsible for supervising children under the age of 18 to decide
whether this Site is appropriate for children to view. Master Strokes, Inc. fully cooperates with law
enforcement agencies in identifying those who use our services for illegal
activities. Master Strokes, Inc. reserves the right to release information
about users who Master Strokes, Inc. believes are in violation of these Terms. Master
Strokes, Inc. also reserves the right to report to law enforcement agencies any
activities that Master Strokes, Inc. believes to be unlawful. Copyright © 2007 Master Strokes,
Inc. All materials contained in (and on) the Site (including but not limited to
the Content), and each of the Sites themselves, are copyrighted materials
belonging exclusively to Master Strokes, Inc., and are protected by federal
copyright law and international treaties. Master Strokes, Inc. enforces its
copyright interests to the fullest extent permitted under the law. All rights
are reserved. |