Legal terms

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services and EXEGOLF’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with EXEGOLF and are not a person barred from receiving services under the laws of the Czech Republic or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that EXEGOLF provides are always evolving and the form and nature of the Services that EXEGOLF provides may change from time to time without prior notice to you. In addition, EXEGOLF may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information.

The types and extent of advertising by EXEGOLF on the Services are subject to change. In consideration for EXEGOLF granting you access to and use of the Services, you agree that EXEGOLF and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services.

Privacy

Any information that you provide to EXEGOLF is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the Czech Republic and/or other countries for storage, processing and use by EXEGOLF. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your EXEGOLF account, which you may not be able to opt-out from receiving.

Google Inc. Content and Related Terms

EXEGOLF and related sites are not endorsed by or in any way associated with Google Inc. EXEGOLF makes every attempt to communicate that should our users decide to click through to any properties owned by or associated with Google Inc, including and not limited to products such as Google Maps and / or Google Earth then the users' experience is governed by the terms and conditions of use as set out by Google Inc.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. EXEGOLF cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may monitor or control only selected part (e.g. Discussion) of the Content posted via the Services and, we cannot take responsibility for all Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will EXEGOLF be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for EXEGOLF to make such Content available to other companies, organizations or individuals who partner with EXEGOLF for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by EXEGOLF, or other companies, organizations or individuals who partner with EXEGOLF, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. EXEGOLF will not be responsible or liable for any use of your Content by EXEGOLF in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

EXEGOLF gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by EXEGOLF as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by EXEGOLF, in the manner permitted by these Terms.

EXEGOLF Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of EXEGOLF and its licensors. The Services are protected by copyright, trademark, and other laws of both the Czech Republic and foreign countries. Nothing in the Terms gives you a right to use the EXEGOLF name or any of the EXEGOLF trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding EXEGOLF, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the EXEGOLF Rules (which are part of these Terms below) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of EXEGOLF, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, EXEGOLF’s computer systems, or the technical delivery systems of EXEGOLF’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by EXEGOLF (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with EXEGOLF; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EXEGOLF and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. EXEGOLF will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that EXEGOLF has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from EXEGOLF or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EXEGOLF of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Czech Republic without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Prague, Czech Republic, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms, the EXEGOLF Rules and our Privacy Policy are the entire and exclusive agreement between EXEGOLF and you regarding the Services and these Terms supersede and replace any prior agreements between EXEGOLF and you regarding the Services. Other than members of the group of companies of which EXEGOLF is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at this site. Please check back here to see the latest. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by YOOP SE, Pod Krejcarkem 975, Suite 612, 130 00 - Prague 3, Czech Republic.

If you have any questions about these Terms, please contact us.
Effective: September 15, 2011.

Rules

Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor all user’s content and will not censor all user content, except in limited circumstances described below.

Content Boundaries and Use of EXEGOLF

In order to provide the EXEGOLF service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with EXEGOLF. These limitations comply with legal requirements and make EXEGOLF a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.

Impersonation: You may not impersonate others through the EXEGOLF service in a manner that does or is intended to mislead, confuse, or deceive others
Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
Violence and Threats: You may not publish or post direct, specific threats of violence against others.
Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
Misuse of EXEGOLF Badges: You may not use a Verified Account badge or Promoted Products badge unless it is provided by EXEGOLF. Accounts using these badges as part of profile pictures, background images, or in a way that falsely implies affiliation with EXEGOLF will be suspended.

Spam and Abuse

EXEGOLF strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on EXEGOLF.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.

Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the EXEGOLF Rules is cause for permanent suspension of all accounts.
Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:

the number of accounts created
creating accounts for the purpose of preventing others from using those account names
creating accounts for the purpose of selling those accounts
using feeds of third-party content to update and maintain accounts under the names of those third parties

Selling user names: Unless you have been specifically permitted to do so in a separate agreement with EXEGOLF, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, where "Services" is defined as follows: Your use of EXEGOLF’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by EXEGOLF under a separate written agreement) is subject to the terms of a legal agreement between you and EXEGOLF.
Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
Spam: You may not use the EXEGOLF service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

If a large number of people are blocking you;
If a large number of people report your messages as a spam;
The number of spam complaints that have been filed against you;
If you post duplicate content over multiple accounts or multiple duplicate updates on one account;

Pornography: You may not use obscene or pornographic images in either your profile picture or user background

Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.

Accounts engaging in any of these behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. EXEGOLF reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.

EXEGOLF Privacy Policy

This Privacy Policy describes EXEGOLF's policies and procedures on the collection, use and disclosure of your information. EXEGOLF receives your information through our various web sites, SMS, APIs, services and third-parties ("Services"). When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country that you reside in or create information from, your information may be used by EXEGOLF in the Czech Republic or any other country where EXEGOLF operates.

If you have any questions or comments about this Privacy Policy, please contact us at info@exegolf.com.

Information Collection and Use

Information Collected Upon Registration: When you create or reconfigure an EXEGOLF account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your name and username, is listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration.

Additional Information: You may provide us with additional information to make public, such as your location, or a picture. You may customize your account with information such as an address, a cell phone number or your address book so that we can help you find EXEGOLF users you know. We may use your contact information to send you information about our Services or to market to you. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.

Discussion: Our Services are primarily designed to help you share information with the golf Word – like Discussions – which are fuly public for reading. You should be careful about all information that will be made public by EXEGOLF, not just your discussion posts.

Location Information: You may choose to note your location in the Interactive Map and in your EXEGOLF profile. If you turn this on, we may also save exact coordinates to help improve our service. You can control your location information settings in your account settings.

Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data.

Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. EXEGOLF may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

Third Party Services: EXEGOLF uses a variety of services hosted by third parties to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.

Information Sharing and Disclosure

Service Providers: We engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to obligations mirroring the protections of this privacy policy.

Law and Harm: We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect EXEGOLF's rights or property.

Business Transfers: In the event that EXEGOLF is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.

Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information.

Modifying Your Personal Information

If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account.

Our Policy Towards Children

Our Services are directed to people of all ages. However by children under 13 is agreement by parents required. If you become aware that your child has provided us with personal information without your consent, please contact us at info@exegolf.com. We do not knowingly collect personal information from children under 13. If you inform us that a child under 13 has provided us with personal information without your consent, we take steps to remove such information and terminate the child's account.

Changes to this Policy

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

This Privacy Policy is effective as of September 15, 2011.

Thoughts or questions about this Privacy Policy? Please, let us know.