Terms of Use and Privacy Policy

Terms of Use

VirtualGolf.com Inc. ("VGC") makes information available on this Web site (this "Site"), subject to the following Terms of Use ("Terms"). By accessing this Site, you agree to these Terms. If you do not agree to all of these Terms, do not use this Site. VGC reserves the right to change these Terms at any time without notice. VGC reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by VGC. These Terms represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting or additional communications.

Copyright

The materials on this Site are copyrighted and protected by worldwide copyright laws and treaty provisions. You may download one copy of the information ("Materials") found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by VGC in writing. Except as otherwise provided in this paragraph, no portion of this Site may be distributed or reproduced by any means, or in any form, without VGC's prior written permission.

COPYRIGHT NOTICE: Except where otherwise specified, the contents of this Site are Copyright (c) 2004 VirtualGolf.com Inc., PO Box 218, Prospect KY 40059.

Use of Software

The software and accompanying documentation available for download from this Site are the copyrighted work of VGC and or third parties. Use of the software is governed by the terms of the end-user license agreement, which accompanies such software. If no license agreement accompanies the download, the terms of the license agreement that accompanied the original product being updated will govern. Such software is made available for download solely for use by end-users according to such end-user license agreement. You will not be able or permitted to use, download or install any software unless you agree to the terms of such end-user license agreement.

Use of Site Materials and Information

Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions:

·          (a) The documents may be used solely for informational, personal, non-commercial purposes; (b) any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (c) the documents may not be modified in any way; and (d) VGC reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from VGC.

·          Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.

·          Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by VGC.

Member Account

If any VGC Services require you to open an account, you agree to provide accurate, current and complete information in the Registration form. You will also choose a password and user name. If you provide any information in the Registration form that is false, inaccurate, out of date or incomplete, or a password or user name that contains any inappropriate, profane, defamatory, obscene, or indecent terms, VGC may suspend your account and refuse to provide you with any VGC services. You are entirely responsible for any and all activities that occur under your account.

Password Restricted Areas of the Site

Certain areas of the Site (including but not limited to purchase history pages and certain technical support pages) are password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify VGC Inc. if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify VGC Inc. of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Chat Rooms and Newsgroups

Use of Chat Rooms: As a chat room or newsgroup user ("User"), you are responsible for your own communications and for the consequences of posting those communications. We do not represent or guarantee the truthfulness, accuracy or reliability of any material posted by Users or endorse any opinions expressed by Users. You acknowledge and understand that any reliance on materials posted by other Users will be at your own risk.

Content Policy: We do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications that allegedly do not conform to these terms of use, we may investigate the allegation and determine in our sole discretion whether to remove, block or disable access to the communication. We also reserve the right, but do not undertake the affirmative obligation, to do so on our own initiative if we discover any such communications. We have no liability or responsibility to Users for performance or nonperformance of such activities. Furthermore, we reserve the right to terminate the access rights of Users and prevent their further access to the newsgroups and chat room facilities for violating our terms of use or any applicable law, and reserve the right to remove communications that, in our sole discretion, are abusive, harassing, disruptive, infringing, obscene, lewd, lascivious, excessively violent, illegal or otherwise objectionable.

In consideration of being allowed to use the chat room or newsgroup services provided by us on this Site, you agree, represent and warrant that you will not: (a) use the services for any purpose in violation of local, state or national laws of any country; (b) post, store or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; (c) post, store or transmit material that reveals trade secrets, unless you own them or have the permission of the trade secret owner; (d) post, store or transmit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (e) post, store or transmit material that is obscene, lewd, lascivious, excessively violent, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; (f) post, store or transmit sexually-explicit images; (g) post, store or transmit child pornography; (h) post, store or transmit advertisements or solicitations of business; (i) post, store or transmit chain letters or information relating to pyramid schemes; or (j) impersonate another person or User.

Please remember that any information that is disclosed in the newsgroups and chat room facilities becomes public information. By posting communications, you grant: (a) to us: royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those communications alone or as part of other works in any form, media, or technology, whether now known or hereafter developed; and (b) to other Users: the right to access, view, store and reproduce the communications for personal use.

Submissions, Comments and Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Linking to Site

VGC permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:

·          May link to, but not replicate, content contained in this Site;

·          Must not create a frames or border environment or browser around content contained in this Site;

·          Must not present misleading or false information about VGC's services or products;

·          Must not misrepresent VGC's relationship with the linker;

·          Must not imply that VGC is endorsing or sponsoring the linker or the linker's services or products;

·          Must not use VGC's logos or trade dress without prior written permission from VGC;

·          Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;

·          Must not contain materials that would violate any laws;

·          Must agree that the link may be removed at any time upon VGC's request pursuant to VGC's reserved rights to rescind its consent to allow the link.

Links to Other Sites

This Site provides links to third-party Web sites, which are not under the control of VGC. We make no representations about any other Web site, that you may access through this one. When you access a non-VGC Web site please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a link to a non-VGC Web site does not mean that we endorse or accept any responsibility for the content, or the use, of such Web site.

Viruses and Destructive Code

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Third-party Products and Services

This Site mentions third-party products and services for informational purposes. VGCmakes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by VGC "as is", without warranty of any kind, either express or implied.

Disclaimer, Limitation of Liability and Indemnification

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND VIRTUALGOLF.COM, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.

VGC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

IN NO EVENT WILL VGC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PRESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF VGC EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEE ABILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD VGC HARMLESS FROM, AND YOU COVENANT NOT TO SUE VGCFOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, VGC MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

GENERAL

Products and Services Availability

This Site can be accessed from countries around the world and may contain references to VGC services, programs, and products that have not been announced in such country. These references do not imply that VGC intends to announce such services, programs, or products in such country.

Governing Law and Forum

The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Kentucky, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Jefferson County in the State of Kentucky and the United States District Court for Northern Kentucky, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.

International Use

VGC controls and operates this Site from its headquarters located in Louisville Kentucky. We make no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of United States export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.

Export Control Laws

Software available on this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

U.S. Government Restricted Rights

Any software which is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities, is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is VGC Inc., PO Box 218, Prospect 40059 KY USA.

ACCEPTABLE USE POLICY

The Services may contain e-mail, chat room and/or other message or communication facilities designed to enable you to communicate with VGC or others, such as customer feedback, order or resume submission facilities. You agree to use the Services only to post, send and receive messages and material that are proper. You further agree that:

a) You will not violate any applicable laws or regulations.

b) You will respect the copyright, trademark, licensing, and other laws that protect the VGC Services, including but not limited to documents, data, programs, property and other inventions and creations.

c) You will not exploit, manipulate or otherwise tamper with the Services to perform any unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive, or hateful act.

d) You will not post, email or otherwise transmit to the VGC Services any information such as proprietary, confidential, or inside information that you do not have right to disclose as part of any employment or nondisclosure agreement(s).

e) You will not post, email or otherwise transmit to the VGC Services any viruses, such as computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services.

f) You will not post, email or otherwise transmit to the VGC Services any adult oriented or pornographic material, nor derogatory or hateful material.

g) You will not disrupt or interfere with the Services and/or any servers, networks or services upon which the VGC Services depend, including activities such as overburdening the networks or servers as through Denial of Service attack, nor will you abet, assist, induce or instigate others in such activities.

h) You will not attempt to gain unauthorized access to the Services or any other VGC servers, software or services through hacking to discover passwords, or ascertain the security integrity of a network or host system.

i) You will not exploit any security breaches and/or vulnerabilities in operating systems, software, and/or hardware upon which the VGC Services depend.

j)You will not attempt to manipulate the counting methods of the Services by generating false page views or false visitors.

Registrant Removal

In the event that we determine, in our sole discretion, that you have breached any of our terms of use, or have otherwise demonstrated conduct inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate.

Privacy Policy

This privacy policy applies to all web sites owned and maintained by VirtualGolf.com ("VGC"). Please contact us if you have any questions regarding this privacy policy, or the manner in which VGC uses any information collected from you.

VGC may collect personally identifiable information from site visitors, and visitors using provided web applications. VGC may also receive personal information from our partners.

For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address.

We collect the e-mail addresses of those who post messages to our bulletin board or chat room, the e-mail addresses of those who communicate with us via e-mail, information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is not shared with other organizations for commercial purposes accept as expressly implied for the purpose of providing products and services as requested by the visitor.

With respect to cookies: We use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, customize Web page content based on visitors' browser type or other information that the visitor sends.

If you do not want to receive e-mail from us in the future, please let us know by contacting us.

If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by e-mailing us at the address provided above. Please include your account ID number when contacting us. VGC will not contact those who opt out of our e-mail notices.

Persons who supply us with their telephone numbers on-line may receive telephone contact from us only when requested to discuss specific account details, or for technical support assistance.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mail as at the address provided above.

Upon request we provide site visitors with access to a description of information that we maintain about them. Consumers can access this information by sending us e-mail at the above address. Consumers can have this information corrected by sending us e-mail at the above address.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

VGC is intended for individuals age 13 and over only. We do not provide content for children. Parents should closely monitor content visited by children, and review privacy policies on all Web sites to determine whether content is acceptable for children.

If you feel that this site is not following its stated information policy, contact us.