User Agreement
This User Agreement governs your relationship with PCC Ltd. – London – United Kingdom (hereafter called PCC) and protects the proprietary products and services offered on this website. It describes the terms and conditions applicable to your use of these products and services.
All paid users of the PCC website, whether or not registered, must accept these terms and conditions as a condition to use of the website's numerous products and services.
1. Acceptance of Terms and Conditions. Your use of any of the products and services on the website constitutes acceptance of the terms and conditions of this User Agreement. If you do not accept these terms and conditions or have any questions about this User Agreement, please email us at admin@ipcgolf.com.
2. Amendments. We may amend this User Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective when they are posted on our site.
3. Current Fees and Credit Policies. The use of the information and services made available on our site, including without limitation our directories, links to other directories and products and services providers, is free of charge. Only a membership in the PCC requires the payment of an annual membership or subscriber fee. The fees we may charge from time to time for our memberships or subscriptions and the accepted methods of payment for such services are available on our website at www.ipcgolf.com and are incorporated herein by reference. Unless otherwise stated, all fees are quoted in €. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to connect with our site. We may in our sole discretion add, delete or change some or all of our services at any time.
4. Release. Since you may be gaining access to other sites through our site and purchasing products and services from other vendors, in the event that you have a dispute with one or more of those vendors or other site owners, you hereby release PCC (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. We cannot nor do we try to control the information provided by other vendors or site owners who are accessed through our site or who advertise on our site. In particular, note that the pictures and graphics displayed in links to other sites or in advertisements for other sites or vendors do not reside on our servers, and we do not and cannot control these. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled unbeknownst to us.
5. Your Information. You are solely responsible for any information you provide to us during the registration, subscription, scoring, game analysis process, handicapping or through any e-mail feature ("Your Information"). We reserve the right to take any action with respect to such information as we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers or advertisers. You represent that Your Information: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. PCC's Intellectual Property Rights. PCC owns all right, title and interest in all:
(a) tangible and intangible rights associated with works of, including without limitation copyrights and mask works,
(b) trademark and trade name and logo rights,
(c) trade secret rights,
(d) patents,
(e) designs,
(f) algorithms,
(g) registration, application, renewal, extension and continuation rights,
(h) HTML files, Java files, graphics files, animation files and data files, scripts and programs, both in object code and source code form and all documentation related thereto, including without limitation any scorecards and the game analysis fields of data included in scorecards generated on the PCC website, and
(i) website content (collectively, "Intellectual Property Rights"), which are included in or made available on and/or used in PCC's website.
You agree to maintain the confidentiality of such Intellectual Property Rights and not to disclose them to third parties and that you will use the foregoing Intellectual Property Rights only for your own private purposes in utilising the products and services provided by PCC and not for any commercial purpose without PCC's prior written consent.
7. Scorecards and other Information’s. You agree to use the PCC-generated scorecards and information’s for your own golfing and game analysis purposes and that you will not make copies of such scorecards for any other person unless such person has registered with PCC or are users of the PCC website and thereby have accepted the terms and conditions of this User Agreement. Only golfers who have agreed to be bound by the terms and conditions of this User Agreement shall be permitted to use PCC-generated scorecards and to collect on those scorecards the fields of game analysis data provided. You will not use the PCC scorecard for any commercial or non-private purpose.
8. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the PCC website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose to or share your password with any third parties or use your password for any unauthorised purpose.
9. Breach. We may terminate your membership or bar your access to the products, services and content of website immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
10. Privacy. We promise to maintain the privacy and confidentiality of any information you provide to us. You agree to permit us to use such information in order to process your account and to provide the services to you that we provide to our subscribers. We will maintain a database of our subscribers and a mailing list, which will include your name and the information you supplied us. Your information will not be made generally available to the public or to our other subscribers. Please answer "No" in response to the following option: "When one of our Business partners has a special offer that we feel would be of interest to our members, we'd like to tell you about it" on our registration page if you do not wish us to provide your name and address (including email address) to mailing list companies and advertisers who may wish to send you information that may be of interest to you.
11. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE PCC WEBSITE AND OUR PRODUCTS AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some Countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
12. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some Countries do not allow the limitation of liability, so the foregoing limitation may not apply to you.
13. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services.
14. No Agency. You and PCC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Notices. Except as explicitly stated otherwise, any notices shall be given by email to admin@ipcgolf.com (in the case of PCC) or to the email address you provide to PCC during the registration process (in your case), or such other address as the party shall specify by e-mail or in writing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PCC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16. General. This Agreement shall be governed in all respects by the laws of United Kingdom. Both parties submit to jurisdiction in United Kingdom. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
Moreover, we may from time to time interrupt service on our site to perform maintenance or upgrade operations and you agree that we shall be permitted to make such interruptions as necessary to perform such operations. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.