Please Read Carefully Before Using This Website:
A. TERMS APPLICABLE TO ALL USERS
2. Changes To Terms
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship, or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on The Website. The Corporation makes no representation that the information, opinions, advice, or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files, and photos) of the Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on the Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of the Corporation is strictly prohibited.
5. Copyrights and Trademarks
The materials on the Website, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Website solely for your personal and non- commercial use; however, any print out of the Website, or portions of the Website, must include the Corporation's copyright notice. No right, title or interest in any of the materials contained on the Website is transferred to you as a result of accessing, downloading, or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of the Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Website without the prior written permission of the Corporation.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Website without the prior written permission of the Corporation. You may not use a part of the Website on any other website, without the Corporation's prior written consent.
The Corporation respects the intellectual property rights of others and expects its users to do the same. The policy of the Corporation is to suspend or terminate the accounts of copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to the Corporation that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Gathering email addresses from the Corporation through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of the Website is prohibited. Inquiries regarding a commercial relationship with the Corporation should be directed to: firstname.lastname@example.org.
9. No Warranties
THE Website, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON- INFRINGEMENT, ALL OF WHICH THE Corporation EXPRESSLY DISCLAIMS. THE Corporation DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE Corporation WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. THE Corporation HAS NO DUTY TO UPDATE THE CONTENT OF THE Website. THE Corporation MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE Website AND USING THE Content, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE Corporation. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
11. Separate Agreements
12. DMCA Copyright Policy and Copyright Agent
The Corporation respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Address, telephone number, and, if available, an electronic mail address where we may contact you.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Website's Copyright Agent can be reached at:
Play Fantasy Disc Golf, LLC
2566 Mason St.
Omaha, NE 68105
13. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. The Website is not intended for use by persons under the age of 13. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE Website IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
14. User Disputes
You are solely responsible for your interactions with other users of the Website. The Corporation reserves the right, but has no obligation, to monitor disputes between you and other users.
15. User Submissions And Communications; Public Areas
If you make any submission to an area of the Website accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to the Corporation by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted the Corporation a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Corporation may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to the Corporation via email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the Public Areas (message boards, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content that is posted. While not moderating the Public Areas, a Website reviewer will periodically perform an administrative review for the purpose of deleting messages for any reason. The Corporation has full discretion to delete content.
The Corporation reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in Public Areas.
- Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards.
The Corporation reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Corporation has no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
17. Limitation of Liability
YOUR USE OF THE Website IS AT YOUR OWN RISK. THE Corporation SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE Website (EVEN IF THE Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE Website OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE Corporation. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. Entertainment Use Only
The Corporation is intended for entertainment use only, and may not be used for any form of gambling or wagering.
If you offer prizes to users through the website, or based on the Content of the Website, the following conditions must be met:
- Any and all prizes must be announced before midnight (12:00) Central Time before the first Tournament of the current Tour begins.
- The value, quantity, or any other facet of any and all prizes must NOT be influenced by the number of players eligible for the prize.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
21. Accounts And Security
The Corporation does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- Select or use an email address or name of another person with the intent to impersonate that person.
- Use an email address or name subject to the rights of any other person without authorization.
- Use an email address or name that the Corporation, in its sole discretion, deems inappropriate or offensive.
You shall notify the Corporation of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination or suspension of your account, at the Corporation's sole discretion, and you may be reported to appropriate law-enforcement agencies.
22. Purchases And Payments
The Corporation may allow you to make purchases on the Website to enable certain features. These purchases may entitle you to access to the enabled features for a fixed period of time. The period of time for which certain paid-for features will be enabled will be specified somewhere in the Content of the Website, including but not limited to (i) the "Rules" page on the Website, (ii) the page on which the purchase is authorized, (iii) any other Public Area. It is your responsibility to understand the constraints surrounding the purchase you authorize with the Website. The Corporation is not responsible for the reimbursement of your purchase for any reason.