Effective April 1, 2015
IMPORTANT NOTICE FOR AMATEUR ATHLETES
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. BIOMECH GOLF IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. BIOMECH GOLF is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
All intellectual property on the Platform (except for User Generated Content) is owned by BIOMECH GOLF or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the BIOMECH GOLF name and logo design) are owned, registered and/or licensed by BIOMECH GOLF. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of BIOMECH GOLF; All rights reserved.
PLATFORM USE RESTRICTIONS
All orders placed through the Platform are subject to BIOMECH GOLF ‘s acceptance. This means that BIOMECH GOLF may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, BIOMECH GOLF will issue you a refund or credit towards future purchases.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your BIOMECH GOLF account. Keep your username/password secure and do not allow anyone else to use your username/ password to access the Platform. BIOMECH GOLF is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by BIOMECH GOLF.
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose BIOMECH GOLF or its users to any harm or liability of any type.
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don’t talk about policies, future products, speculations or rumors about BIOMECH GOLF and BIOMECH GOLF products, or anything else off topic.
COURTESY AND APPROPRIATENESS
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in BIOMECH GOLF ‘s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Platform user or person.
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
IDENTIFICATION / IMPERSONATION
Do not impersonate any person or entity, including without limitation athletes or BIOMECH GOLF employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one BIOMECH GOLF account, register a BIOMECH GOLF account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
COVENANT OF OWNERSHIP
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
GENERAL RULES FOR USER GENERATED CONTENT
CONTENT IS NOT PRESCREENED
BIOMECH GOLF does not prescreen User Generated Content. BIOMECH GOLF does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. BIOMECH GOLF is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event BIOMECH GOLF chooses to monitor any User Generated Content, BIOMECH GOLF assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. BIOMECH GOLF reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
ELIGIBILITY AND REGISTRATION
BIOMECH GOLF ‘S RIGHTS TO POSTINGS
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to BIOMECH GOLF a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give BIOMECH GOLF legally sufficient notice to BIOMECH GOLF of infringement. Send copyright infringement complaints to:
HAMILTON MIKES, P.A.
711 5TH AVENUE SOUTH #212
NAPLES, FLORIDA 34102
We suggest that you consult your legal advisor before filing a notice with BIOMECH GOLF ‘s copyright agent, because there may be penalties for false claims.
The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using BIOMECH GOLF ‘s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. BIOMECH GOLF is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. BIOMECH GOLF is under no obligation to become involved with any user dispute, but may do so at its own discretion.
BIOMECH GOLF is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, BIOMECH GOLF disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. BIOMECH GOLF cannot guarantee and does not promise any specific results from use of the Platform. BIOMECH GOLF does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, BIOMECH GOLF does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. BIOMECH GOLF reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
BIOMECH GOLF SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A BIOMECH GOLF EVENT OR ANY USER GENERATED CONTENT, EVEN IF BIOMECH GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST BIOMECH GOLF FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF BIOMECH GOLF IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, BIOMECH GOLF’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Consumers residing in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link: http://ec.europa.eu/consumers/odr/