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Last updated: August 11, 2015.
The Global Fantasy Sports Golf™ website located at golf.globalfantasysports.com (the “Site”), is operated by Global Fantasy Sports Inc. (“Global Fantasy Sports Golf™,” “we,” “our” or “us”). This Global Fantasy Sports Golf™ Website Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when an end-user: (a) accesses or use the Site; and/or (b) registers as a user (“User”) of the Site, which provides you with access to: (i) the Site’s viewable Content and other material; (ii) interactive areas of the Site (where and when available), such as blog and comment sections, that enable Users to interact with other Users, as well as Global Fantasy Sports Golf™ personnel (“Interactive Services”); and (iii) an array of daily and weekly golf-themed fantasy sports-based games (collectively, “Contests”) involving golfers associated with the Professional Golfers Association of America (“PGA®”) or any other professional golf organization designated by Global Fantasy Sports Golf™ (each, an “Association”). The Site, Content, Interactive Services and Contests are referred to, collectively herein, as the “Global Fantasy Sports Golf™ Offerings.”
Capitalized terms not defined herein shall have the meanings set forth in the Global Fantasy Sports Golf™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE HOW FAR GOLF™ OFFERINGS
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: support@globalfantasysports.com
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: support@globalfantasysports.com Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Global Fantasy Sports Golf™ Offerings and complete the required registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation, your: (a) full name; (b) state and country of residence; (c) e-mail address (including the e-mail address associated with your PayPal® account, where applicable); (d) password; (e) billing/mailing address (where entering a Paid Contest, as defined below); (f) credit card information (where selected as your preferred payment method); (g) Social Security Number (for potential Prize winners); (h) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for potential Prize winners); and/or (i) any other information requested on the applicable Form. In addition, Users may register for an Account by and through their Facebook® accounts, Google+® accounts or any other means designated by Global Fantasy Sports Golf™. Where you register via your Facebook® account, Global Fantasy Sports Golf™ will have access to your: (i) Facebook® public profile; (ii) the e-mail address associated with your Facebook® account; and (iii) any and all other information made available to Global Fantasy Sports Golf™ by and through your Facebook® account. Where you register via your Google+® account, Global Fantasy Sports Golf™ will have access to your: (A) basic Google+® profile information; (B) the e-mail address associated with your Google+® account; and (C) any and all other information made available to Global Fantasy Sports Golf™ by and through your Google+® account. For purposes of this Privacy Policy, items (f), (g) and (h) in the preceding sentence shall be considered “Sensitive Information.”
By submitting your personal information by and through the Global Fantasy Sports Golf™ Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) to any third party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We will also use your personal information to send you promotional messages regarding various Global Fantasy Sports Golf™ products and/or services, as well as third party products and/or services that we think may be of interest to you.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Global Fantasy Sports Golf™ Offerings and/or to contact you when necessary in connection with your use of the Global Fantasy Sports Golf™ Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our business including, without limitation, the Global Fantasy Sports Golf™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Global Fantasy Sports Golf™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission 47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Global Fantasy Sports Golf™ Offerings, and your consent simply allows Global Fantasy Sports Golf™ to contact you via these means. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes.
We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the Global Fantasy Sports Golf™ Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Global Fantasy Sports Golf™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
Global Fantasy Sports Golf™ utilizes third party service providers to provide credit card and PayPal® payment processing services. If you choose to fund your Account by and through the Site, the Active Credit Card information provided, or PayPal® account registration information, depending on your preferred payment method, will either be collected directly by such third party service provider or PayPal®, as applicable, or we will share that payment information with our contracted third party service provider(s) or PayPal®, as applicable. Global Fantasy Sports Golf™ requires that its third party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third party payment processing service provider(s) including, without limitation, PayPal®.
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Global Fantasy Sports Golf™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Global Fantasy Sports Golf™ Offerings.
Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer or other device. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Global Fantasy Sports Golf™ Offerings, including for storing user preferences and tracking Site-user trends (such as pages opened and length of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the Global Fantasy Sports Golf™ Offerings; provided, however, that certain functions of the Global Fantasy Sports Golf™ Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking/Tracking Cookies
Global Fantasy Sports Golf™ uses Cookies and other technology on the Site that tracks end-users’ activities after they leave the Site for advertisement retargeting purposes, and otherwise. Global Fantasy Sports Golf™ uses this tracking technology to target the applicable end-user with advertisements regarding the Global Fantasy Sports Golf™ Offerings and other products and/or services that Global Fantasy Sports Golf™ thinks might be of interest to the applicable end-user. In addition, third parties such as those set forth below, may engage in a similar form of behavioral tracking of end-users that visit the Site.
End-users may be able to disable some or all of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site. To opt-out of behavioral tracking conducted by Global Fantasy Sports Golf™, please Click Here
Google, as a third party vendor, uses Cookies to serve ads on our Site and other online venues, based on Users’ visits to our Site and/or other websites on the Internet. You may opt-out of Google’s tracking as set forth below:
Google’s Use of the DoubleClick Cookie
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings (http://www.google.com/ads/preferences)
Google AdWords
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings (http://www.google.com/settings/ads) page. Google also recommends installing the Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout) for your web browser. Google Analytics Opt-Out Browser Add-on provides Users with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms (http://www.google.com/intl/en/policies/privacy/) web page.
The AdRoll behavioral tracking/remarketing service is provided by Semantic Sugar, Inc. (“AdRoll”). You can opt-out of AdRoll remarketing by visiting this AdRoll Advertising Preferences (http://info.evidon.com/pub_info/) web page.
The Perfect Audience behavioral tracking/remarketing service is provided by NowSpots Inc. (“Perfect Audience”). You can opt-out of Perfect Audience remarketing by visiting these pages: Platform Opt-out (http://pixel.prfct.co/coo) and Partner Opt-out (http://ib.adnxs.com/optout).
For more information on the privacy practices of Perfect Audience, please visit the Perfect Audience Privacy Policy & Opt-Out (https://www.perfectaudience.com/privacy/index.html) web page.
The AppNexus remarketing service is provided by AppNexus Inc. (“AppNexus”). You can opt-out of AppNexus remarketing by visiting the Privacy & the AppNexus Platform (http://www.appnexus.com/platform-policy-choices) web page.
For more information on the privacy practices of AppNexus, please visit the AppNexus Platform Privacy Policy (http://www.appnexus.com/platform-policy) web page.
Global Fantasy Sports Golf™ reserves the right to transfer and/or sell aggregate or group data about Users of the Global Fantasy Sports Golf™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Global Fantasy Sports Golf™ Offerings Users as a group, without disclosing personally identifiable information.
The Site may contain links to third-party owned and/or operated websites including, without limitation, the Third Party Provider websites. Global Fantasy Sports Golf™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Global Fantasy Sports Golf™ has no responsibility or liability relating to them.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Global Fantasy Sports Golf™ Offerings, or otherwise via the Internet or wireless network, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. Global Fantasy Sports Golf™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Global Fantasy Sports Golf™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: support@globalfantasysports.com
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Global Fantasy Sports Golf™ Offerings, your participation in the Contests, as well as to respond to any inquiry or request made by you. To opt-out of receiving Global Fantasy Sports Golf™ Offerings-related, Contest-related and/or inquiry response-related messages from Global Fantasy Sports Golf™, you must cease requesting and/or utilizing the Global Fantasy Sports Golf™ Offerings, cease participating in the Contests and/or cease submitting inquiries to Global Fantasy Sports Golf™, as applicable.
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: support@globalfantasysports.com . We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Global Fantasy Sports Golf™ Offerings, including potentially terminating your eligibility in any Contest(s) that you have entered. If you wish to continue using the full complement of Global Fantasy Sports Golf™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Global Fantasy Sports Golf™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, Global Fantasy Sports Golf™ will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
If you have any questions about this Privacy Policy, please e-mail us support@globalfantasysports.com
To file a complaint regarding our privacy practices, please Click here
The Global Fantasy Sports Golf™ website located at golf.globalfantasysports.com (the “Site”), is operated by Global Fantasy Sports Inc. (“Global Fantasy Sports Golf™,” “we,” “our” or “us”). You agree to the following Global Fantasy Sports Golf™ Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; and/or (b) register as a user (“User”) of the Site, which provides you with access to: (i) the Site’s viewable Content (as defined below) and other material; (ii) interactive areas of the Site (where and when available), such as blog and comment sections, that enable Users to interact with other Users, as well as Global Fantasy Sports Golf™ personnel (“Interactive Services”); and (iii) an array of daily and weekly golf-themed fantasy sports-based games (collectively, “Contests”) involving golfers associated with the Professional Golfers Association of America (“PGA®”) or any other professional golf organization designated by Global Fantasy Sports Golf™ (each, an “Association”). The Site, Content, Interactive Services and Contests are referred to, collectively herein, as the “Global Fantasy Sports Golf™ Offerings.”
These Terms and Conditions are inclusive of the Global Fantasy Sports Golf™ Privacy Policy, the rules applicable to all Contests (“Contest Rules”), the Competition Room Rules (as defined below) and any and all other applicable Global Fantasy Sports Golf™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully before accessing the Global Fantasy Sports Golf™ Offerings. The Agreement constitutes the entire and only agreement between you and Global Fantasy Sports Golf™ with respect to your use of the Global Fantasy Sports Golf™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Global Fantasy Sports Golf™ Offerings and/or the products, services and/or programs provided by and/or through same. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Global Fantasy Sports Golf™ Offerings shall be subject to the Agreement. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to become a User and/or access or use the Global Fantasy Sports Golf™ Offerings in any manner or form whatsoever.
The Professional Golfers Association of America and PGA® are registered trademarks of the Professional Golfers Association of America. Please be advised that Global Fantasy Sports Golf™ is not in any way affiliated with the Professional Golfers Association of America or any other Association, and neither Global Fantasy Sports Golf™ nor the Contests are endorsed or sponsored by the Professional Golfers Association of America or any other Association.
The Contests are available only to individuals that: (a) are legal residents of, and that physically reside in, the United States (with restrictions applying to residents of the States of Arizona, Iowa, Louisiana, Montana, Nevada, North Dakota, New York, Tennessee, Vermont and Washington, as well as Puerto Rico and where otherwise prohibited by law, collectively, the “Restricted Territories”); (b) are at least: (i) eighteen (18) years of age; or (ii) the age of majority in their respective jurisdictions at the time of entry, if the age of majority is greater than eighteen (18) years of age; (c) can enter into legally binding contracts under applicable law; and (d) are not associated with a professional athlete and/or Association (as defined below) that is/are involved in any Contest in a way that creates, or could create, an unfair advantage in any Contest including, without limitation, Association officials, referees, owners and/or employees, as well as a professional athlete’s management, agent(s), caddies and/or medical advisors. Residents of the States of Arizona, Iowa, Louisiana, Montana, Nevada, North Dakota, New York, Tennessee, Vermont and Washington, as well as Puerto Rico, and where otherwise prohibited by law, are not eligble to enter Global Fantasy Sports Inc pay to play, (as defined below and in the Contest Rules).
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT USE OF A HOW FAR GOLF™ OFFERING IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE USER’S RESIDENT JURISDICTION.
In seeking to register a User account on the Site (“Account”), you are representing to us that you are of sufficient age and not legally resident, or physically located in, a Restricted Territory and you agree to provide us, upon request, with such documentation as we may require from time-to-time to verify your age, identity and residency status. You acknowledge and agree that failure to provide any such documentation within a timely fashion may result in the suspension or termination of your Account, as well as forfeiture of any applicable Prizes (as defined below) awarded to you, without notice.
To the extent permissible by applicable law, we may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement, in its entirety, prior to using the Global Fantasy Sports Golf™ Offerings. By your continued use of the Global Fantasy Sports Golf™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
In order to obtain access to the Global Fantasy Sports Golf™ Offerings including, without limitation, the Contests as a User, you must first submit the applicable registration form to Global Fantasy Sports Golf™ for review and approval (“Form”). Global Fantasy Sports Golf™ reserves the right, in its sole discretion, to deny access to the Global Fantasy Sports Golf™ Offerings to anyone at any time and for any reason, whatsoever. The registration data that you must supply in order to become a registered User, and then an Entrant (as defined in the Contest Rules) in a Contest, may include, without limitation, your: (a) full name; (b) state and country of residence; (c) e-mail address (including the e-mail address associated with your PayPal® account, where applicable); (d) password; (e) billing/mailing address (where entering a Paid Contest, as defined below); (f) credit card information (where selected as your preferred payment method); (g) Social Security Number (for potential Prize winners); (h) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for potential Prize winners); and/or (i) any other information requested on the applicable Form (“Form Registration Data”). In addition, Users may register for an Account by and through their Facebook® accounts, Google+® accounts or any other means designated by Global Fantasy Sports Golf™. Where you register via your Facebook® account, Global Fantasy Sports Golf™ will have access to your: (i) Facebook® public profile; (ii) the e-mail address associated with your Facebook® account; and (iii) any and all other information made available to Global Fantasy Sports Golf™ by and through your Facebook® account (“Facebook® Registration Data”). Where you register via your Google+® account, Global Fantasy Sports Golf™ will have access to your: (A) basic Google+® profile information; (B) the e-mail address associated with your Google+® account; and (C) any and all other information made available to Global Fantasy Sports Golf™ by and through your Google+® account (“Google+® Registration Data,” and together with the Form Registration Data and Facebook® Registration Data, the “Registration Data”).
You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Global Fantasy Sports Golf™ will verify and approve all registrants in accordance with its standard verification procedures. If Global Fantasy Sports Golf™ approves your Form, Global Fantasy Sports Golf™ will set up your specific Account. Only one (1) Account is permitted per person.
During registration, you will be asked to provide a user name and password to use as your Account log-in identification, where applicable (“Log-In”). If the Log-In that you request is not available, you will be asked to supply another Log-In. You can change the user name and/or password that you selected during registration at any time through your Account settings. You are responsible for maintaining the confidentiality of your Account and Log-In, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Account and Log-In, including any Entry Fees paid therethrough
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Please be advised that Global Fantasy Sports Golf™ is not in any way affiliated with Facebook, Google or PayPal, nor are the Global Fantasy Sports Golf™ Offerings or Contests endorsed, administered or sponsored by Facebook, Google or PayPal.
A User Account will enable you to utilize the Global Fantasy Sports Golf™ Offerings and other features including, but not limited to: (a) viewable Content; (b) the Contests; and (c) Interactive Services.
4.1 Contests
Capitalized terms used in this Section 4(i) but not defined in these Terms and Conditions shall have the meaning set forth in the Contest Rules.
Competition Room Rules: Periodically, Global Fantasy Sports Golf™ will make Contests available to Users. Each Contest shall be subject to the Contest Rules, and may include certain specific terms, conditions and restrictions, as predetermined and set forth in the rules appearing on the “Competition Room” page associated with each applicable Contest (“Competition Room Rules,” and together with the Contest Rules, the “Rules”), including, without limitation: (A) the minimum/maximum number of Entrants who may participate; (B) the applicable Entry Fee, Prize amount, and number of winners; and (C) the applicable Contest type (5-Ball Contest, Pick-18 Contest, Hole-in-1 Contest, etc.). In addition, Entrants may join Contests with random opponents, or invite friends to compete one-on-one or in larger groups. Users can invite friends on their own, or utilize Global Fantasy Sports Golf’s™ social media invitation functionality that enables Users to invite friends via their Facebook® accounts, Google+® accounts, Twitter® accounts or other designated social media accounts and/or methods. The Entrants shall be accepted in Contests for which they are eligible on a first-come, first-served basis.
Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Global Fantasy Sports Golf™ is not in any way affiliated with Twitter, nor are the Global Fantasy Sports Golf™ Offerings or Contests endorsed, administered or sponsored by Twitter.
IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING ANY CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO MUTUALLY GAIN AN ADVANTAGE AND/OR HARM OTHER ENTRANTS (COLLECTIVELY, “COLLUSION”).
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, HOW FAR GOLF™ IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST.
Entry Fees; Account Deposits: Subject to Section 1 above, the Contests can either be played: (I) for a fee, with a chance to win cash and/or merchandise (“Pay Contests”); and (II) for free and/or for Virtual Tokens, with a chance to win cash, merchandise and/or more Virtual Tokens (“Free Contests”). In connection with Pay Contests, Users must pay the applicable Entry Fee from their Account in advance of that Contest’s Start Time. In connection with Free Contests that require Virtual Tokens to play, Users must pay the applicable Virtual Token entry fee from their Account in advance of that Contest’s Start Time. The Entry Fee and/or Virtual Token entry fee associated with each Contest will be predetermined and set forth in the applicable Competition Room Rules. Contests that do not attract the requisite number of Entrants will be cancelled prior to commencement, and any and all Entry Fees and Virtual Tokens fully refunded.
Where you opt to deposit funds into your Account, your PayPal® account, or the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”), will be charged the applicable amount. All Entry Fees are payable in United States currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Global Fantasy Sports Golf™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Global Fantasy Sports Golf™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Global Fantasy Sports Golf™ Offerings after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. All Entry Fee charges will appear on your Active Credit Card statement, or PayPal® account statement, as applicable, as “Global Fantasy Sports.”
Global Fantasy Sports Golf’s™ authorization to provide and bill for the Global Fantasy Sports Golf™ Offerings is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Global Fantasy Sports Golf’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Prizes; Withdrawals; and Taxes: The potential winner(s) of the Pay Contests (subject to eligibility verification and/or other potential disqualification, as set forth herein) will receive the applicable monetary Prize. The potential winners of the Free Contests may receive Virtual Token Prizes or, in some select circumstances, monetary Prizes. Monetary Prize amounts may be withdrawn by a User at any time, and will be paid to that User’s Active Credit Card, PayPal® account or by check sent directly by Global Fantasy Sports Golf™; provided, however, that certain bonus Prizes, registration bonuses and other free money giveaways, as offered by Global Fantasy Sports Golf™ from time-to-time, may be subject to certain withdrawal restrictions. Checks for withdrawal requests are processed within fourteen (14) business days, and are sent via U.S. Mail Please note that the Virtual Tokens have no monetary or other value outside of entry into certain Free Contests, and the Virtual Tokens cannot be exchanged for cash, products and/or merchandise.
You are responsible for paying any sales, use or other taxes related to any Prizes awarded to you in connection with the Contests. Without limiting the foregoing, any request for withdrawal from your Account that brings your total earnings (withdrawals less deposits) to an amount over Six Hundred Dollars ($600.00) for any calendar year will require that you provide us with a valid street address and Social Security Number prior to processing. This information will be used by us to file a form 1099-MISC at the end of the year. In addition, Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and provide forms of identification including, but not limited to, a driver's license, proof of residence and/or any information relating to payment/deposit accounts as reasonably requested by Global Fantasy Sports Golf™ in order to complete the payment process. Failure to comply with the above requirements may result in disqualification and forfeiture of any Prizes.
ALL DETERMINATIONS WITH RESPECT TO WINNERS AND PRIZES WILL BE MADE IN HOW FAR GOLF’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU.
HOW FAR GOLF™ RESERVES THE RIGHT TO DISQUALIFY AND/OR INVALIDATE ANY PRIZES AWARDED WHERE THE APPLICABLE PRIZE WINNER FAILED TO COMPLY WITH THE AGREEMENT, IN ANY MANNER.
Cancellation/Invalidation of Contests: Without limiting any provision set forth in the Rules, Global Fantasy Sports Golf™ reserves the right to terminate and/or invalidate the results of any and all Contests (including associated Prizes) where Global Fantasy Sports Golf™ determines, in its sole and absolute discretion, that such cancellation/invalidation: (x) is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way; and/or (y) for purposes of preventing abusive, fraudulent, unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful activity.
YOU UNDERSTAND AND AGREE THAT HOW FAR GOLF™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONTEST CANCELLATION OR FOR YOUR INABILITY TO PARTICIPATE IN THE CONTESTS FOR ANY OTHER REASON, WHATSOEVER.
4.2 Content
Users that possess the requisite technology shall have the opportunity to view certain sports-related and other media (downloaded, streaming or samples), leaderboards, statistics, software, text, images, graphics, user interfaces, audio, trademarks, logos, artwork, Feedback (as defined below) and other content made available by and through the Site (collectively, “Content”) as compiled, distributed and displayed by Global Fantasy Sports Golf™, as well as Users and third party statistics providers and/or other entities (collectively, “Third Party Providers”) that provide sports-related news and information by and through the Site via updated news feeds. The Content will be organized by theme and genre to enable Users to locate areas of interest. The Content should not necessarily be relied upon. The Third Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. You may find certain Content to be harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
To the extent permissible by applicable law, you understand and agree that Global Fantasy Sports Golf™ will not be responsible for, and Global Fantasy Sports Golf™ undertakes no responsibility to monitor, or otherwise police, the Content. To the extent permissible by applicable law, you agree that Global Fantasy Sports Golf™ shall have no obligation and incur no liability to you in connection with any Content.
4.3 Interactive Services/Feedback.
Subject to the restrictions set forth herein, the Interactive Services (where and when available) will allow Users to participate in comment sections and other interactive areas of the Site. Each User agrees to use the Interactive Services in full compliance with all applicable laws, rules and regulations. Each User shall be solely responsible for her/his comments, opinions, statements, feedback and other content posted by and through the Interactive Services (“Feedback”). You understand and agree that Global Fantasy Sports Golf™ shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Global Fantasy Sports Golf™ does not monitor the Feedback submitted by Users, and operates the Interactive Services as a neutral host. The Interactive Services contain Feedback that is provided directly by Users. You agree that Global Fantasy Sports Golf™ shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Global Fantasy Sports Golf™ does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Global Fantasy Sports Golf™ reserves the right to remove any Feedback from the Site at any time and for any reason, in Global Fantasy Sports Golf’s™ sole discretion.
In connection with your Feedback, you agree not to: (A) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (B) display any audio files, text, photographs, videos or other images containing confidential information; (C) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene, as defined under applicable law; (D) impersonate any person or entity; (E) “stalk” or otherwise harass any person; (F) engage in advertising to, or commercial solicitation of, Users or other third parties; (G) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (H) express or imply that any statements that you make are endorsed by Global Fantasy Sports Golf™; (I) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (J) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Global Fantasy Sports Golf™ Offerings or related content; (K) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (L) remove any copyright, trademark or other proprietary rights notices contained within the Global Fantasy Sports Golf™ Offerings; (M) interfere with or disrupt any of the Global Fantasy Sports Golf™ Offerings and/or the servers or networks connected to same; (N) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (O) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (P) “frame” or “mirror” any part of the Site; (Q) use metatags or code or other devices containing any reference to the Global Fantasy Sports Golf™ Offerings in order to direct any person to any other website for any purpose; and/or (R) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Global Fantasy Sports Golf™ Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of, or access to, some or all of the Global Fantasy Sports Golf™ Offerings without notice, in the sole discretion of Global Fantasy Sports Golf™. Global Fantasy Sports Golf™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
You may cancel your Account at any time if you are not completely satisfied. To cancel your Account, simply e-mail us at: support@globalfantasysports.com , or cease using the Global Fantasy Sports Golf™ Offerings. In addition, Global Fantasy Sports Golf™ reserves the right to cancel the Account of any User for any reason or no reason, including where Global Fantasy Sports Golf™ believes that such User is in breach of the Agreement, in Global Fantasy Sports Golf’s™ sole and absolute discretion. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Global Fantasy Sports Golf™. Upon any termination and/or cancellation of your Account, your license grant, as set forth in Section 6 hereinbelow shall immediately terminate. You shall not receive any refund for Entry Fees previously paid for, up to the date of cancellation or termination.
As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Global Fantasy Sports Golf™ Offerings and all other material, products and/or services posted or made available by and through same (collectively, “Global Fantasy Sports Golf™ Material”) in accordance with the Agreement. Global Fantasy Sports Golf™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Global Fantasy Sports Golf™, you may only use the Global Fantasy Sports Golf™ Material for your own personal, non-commercial use. No part of the How Far Golf™ Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Global Fantasy Sports Golf™ Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Global Fantasy Sports Golf™ Material. You may not use Global Fantasy Sports Golf™ Material in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Global Fantasy Sports Golf™ Material for any commercial purposes not expressly permitted by Global Fantasy Sports Golf™ (including the bundled sale of such Global Fantasy Sports Golf™ Material). Systematic retrieval of the Global Fantasy Sports Golf™ Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Global Fantasy Sports Golf™ is strictly prohibited. You further agree to indemnify and hold harmless Global Fantasy Sports Golf™ for your failure to comply with this Section 6. Global Fantasy Sports Golf™ reserves any rights not explicitly granted in the Agreement.
All Global Fantasy Sports Golf™ Material is owned or licensed by or to Global Fantasy Sports Golf™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of Global Fantasy Sports Golf™ Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Global Fantasy Sports Golf’s™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Global Fantasy Sports Golf™ Material. The posting of information or material at the Site by Global Fantasy Sports Golf™ does not constitute a waiver of any right in or to such information and/or materials. Global Fantasy Sports Golf™ reserves all rights not expressly granted hereunder. The “Global Fantasy Sports Golf” name and logo are trademarks of Global Fantasy Sports Golf, Inc. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any Global Fantasy Sports Golf™ trademark without Global Fantasy Sports Golf’s™ express written consent is strictly prohibited.
To the fullest extent permissible by applicable law, you agree to indemnify and hold Global Fantasy Sports Golf™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Global Fantasy Sports Golf™ Offerings in any way, whatsoever; (b) your breach of the Agreement; (c) any dispute between you and any other Users, Third Party Providers and/or other third parties; (d) any claim that Global Fantasy Sports Golf™ owes any taxes in connection with your use of the Global Fantasy Sports Golf™ Offerings; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 8 are for the benefit of Global Fantasy Sports Golf™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THE HOW FAR GOLF™ OFFERINGS, HOW FAR GOLF™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HOW FAR GOLF™ MAKES NO WARRANTY THAT THE HOW FAR GOLF™ OFFERINGS, HOW FAR GOLF™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED AND/OR ACCESSED IN CONNECTION WITH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL FEATURE STATISTICS, CONTENT AND/OR LEADERBOARDS THAT ARE CURRENT, ACCURATE OR RELIABLE; (E) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (F) WILL RESULT IN ANY ECONOMIC BENEFIT OR GAIN; AND/OR (G) WILL BE ACCURATE OR RELIABLE. THE HOW FAR GOLF™ OFFERINGS, HOW FAR GOLF™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HOW FAR GOLF™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOW FAR GOLF™, ANY USERS, THIRD PARTY CONTENT PROVIDERS OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOW FAR GOLF™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOW FAR GOLF™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE HOW FAR GOLF™ OFFERINGS, HOW FAR GOLF™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF STATISTICS, CONTENT AND/OR LEADERBOARDS THAT ARE MADE AVAILABLE IN CONNECTION WITH THE HOW FAR GOLF™ OFFERINGS; (E) YOUR FAILURE TO REALIZE ANY ECONOMIC BENEFIT OR GAIN; (F) THE CANCELLATION OF ANY CONTEST(S) AND/OR PRIZES, AS PERMITTED HEREUNDER OR UNDER THE RULES; AND (G) ANY OTHER MATTER RELATING TO THE HOW FAR GOLF™ OFFERINGS, HOW FAR GOLF™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED AND/OR ACCESSED IN CONNECTION WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE HOW FAR GOLF™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HOW FAR GOLF™. ACCESS TO THE HOW FAR GOLF™ OFFERINGS, HOW FAR GOLF™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, HOW FAR GOLF’S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Global Fantasy Sports Golf™ reserves the right to terminate the Account of any User who infringes upon third-party copyrights. If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you should provide Global Fantasy Sports Golf™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location within the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Global Fantasy Sports Golf’s™ Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Jonathan Turco, Esq.
450 Seventh Avenue, 40th Floor
New York, NY 10123
jturco@kleinmoynihan.com
If you bypass or disable any portion of the Global Fantasy Sports Golf™ Offerings or associated software including, without limitation, the operation of Global Fantasy Sports Golf™ systems, or you attempt to circumvent or tamper with the Contests or billing methods in any way, you are in violation of the Agreement and Global Fantasy Sports Golf™ may suspend or terminate your Account without notice. Termination of your Account will not excuse you from any criminal or other civil liabilities that may result from your actions.
You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Global Fantasy Sports Golf™ Offerings and for ensuring that such equipment and services are compatible with Global Fantasy Sports Golf’s™ requirements.
The Global Fantasy Sports Golf™ Offerings may provide links to other Internet websites and/or resources including, without limitation, websites owned and/or operated by Third Party Providers. Because Global Fantasy Sports Golf™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Global Fantasy Sports Golf™ is not responsible for the availability or content of such third party websites and/or associated resources. Furthermore, Global Fantasy Sports Golf™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom or associated therewith.
All Feedback, comments, information, Registration Data and/or materials that you submit through or in association with the Global Fantasy Sports Golf™ Offerings shall be subject to the Global Fantasy Sports Golf™ Privacy Policy. For a copy of the Global Fantasy Sports Golf™ Privacy Policy, please Click here .
The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Global Fantasy Sports Golf™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here . We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here . Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Global Fantasy Sports Golf™ and/or its employees, officers, directors, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Global Fantasy Sports Golf™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Global Fantasy Sports Golf™ and it governs your use of the Global Fantasy Sports Golf™ Offerings and Global Fantasy Sports Golf™ Material. To the extent that anything in or associated with the Global Fantasy Sports Golf™ Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence; provided, however, that with respect to any Contests, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Rules, those Rules shall take precedence. Global Fantasy Sports Golf’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
If you have any questions about the Agreement or the practices of Global Fantasy Sports Golf™, please feel free to e-mail us at: support@globalfantasysports.com.
The Global Fantasy Sports Golf™ contests (collectively, the “Contests”), made available by and through the Global Fantasy Sports Golf™ website located at golf.globalfantasysports.com (the “Site”), are operated by Global Fantasy Sports, Inc. (“Global Fantasy Sports Golf™,” “we,” “our” or “us”). These Global Fantasy Sports Golf™ Contest Rules (the “Contest Rules”), as well as the terms, conditions and Contest features that apply to each Global Fantasy Sports Golf™ Contest individually as made available on the registration page applicable to each Contest (the “Competition Room Rules” and together with these Contest Rules, the “Rules”), shall govern your ability to earn Prizes (as defined below) in connection with your participation in the Contests as a contestant (“Entrant”). Capitalized terms that are used but not defined herein shall have the meaning set forth in the Global Fantasy Sports Golf™ Terms and Conditions (“Terms”).
In addition to the Rules, the Contests, and each Entrant’s participation in the Contests, shall be governed by all applicable Global Fantasy Sports Golf™ agreements including, without limitation, the Terms and the Global Fantasy Sports Golf™ Privacy Policy made available on the Site (collectively, “Global Fantasy Sports Golf™ Agreements”). The Rules are hereby incorporated into the Global Fantasy Sports Golf™ Agreements, and any and all terms and conditions contained therein shall apply to the Rules. Where there is a conflict between the terms and conditions of the Rules and those of the Global Fantasy Sports Golf™ Agreements, to the extent that they apply to a Contest, the Rules shall govern in all respects.
Please review the Rules, and all applicable Global Fantasy Sports Golf™ Agreements, carefully, prior to participating in a Contest. If you do not agree to all of the terms contained in the Rules, and all applicable Global Fantasy Sports Golf™ Agreements, in their respective entirety, you are not authorized to become an Entrant in any Contest.
The Contests are available only to individuals that: (a) are legal residents of, and that physically reside in, the United States (with restrictions applying to residents of the States of Arizona, Iowa, Louisiana, Montana, Nevada, North Dakota, New York, Tennessee, Vermont and Washington, as well as Puerto Rico and where otherwise prohibited by law); (b) are at least: (i) eighteen (18) years of age; or (ii) the age of majority in their respective jurisdictions at the time of entry, if the age of majority is greater than eighteen (18) years of age; (c) can enter into legally binding contracts under applicable law; and (d) are not associated with a professional athlete and/or Association (as defined below) that is/are involved in any Contest in a way that creates, or could create, an unfair advantage in any Contest including, without limitation, Association officials, referees, owners and/or employees, as well as a professional athlete’s management, agent(s), caddies and/or medical advisors. Residents of the States of Arizona, Iowa, Louisiana, Montana, Nevada, North Dakota, New York, Tennessee, Vermont and Washington, as well as Puerto Rico, and where otherwise restricted by law, may only participate in the Free Contests (as defined below).
In order to become an Entrant in a Contest, you must either be a registered User, or submit a registration form by and through the Site in order to apply to become a User. Global Fantasy Sports Golf™ reserves the right, in its sole discretion, to deny access to the Contests to anyone at any time and for any reason, whatsoever. The registration data that you must supply in order to become a registered User, and then an Entrant in a Contest, may include, without limitation, your: (a) full name; (b) state and country of residence; (c) e-mail address (including the e-mail address associated with your PayPal® account, where applicable); (d) password; (e) billing/mailing address (where entering a Paid Contest, as defined below); (f) credit card information (where selected as your preferred payment method); (g) Social Security Number (for potential Prize winners); (h) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for potential Prize winners); and/or (i) any other information requested on the applicable Form. In addition, Users may register for an Account by and through their Facebook® accounts, Google+® account or any other means designated by Global Fantasy Sports Golf™. Where you register via your Facebook® account, Global Fantasy Sports Golf™ will have access to your: (i) Facebook® public profile; (ii) the e-mail address associated with your Facebook® account; and (iii) any and all other information made available to Global Fantasy Sports Golf™ by and through your Facebook® account. Where you register via your Google+® account, Global Fantasy Sports Golf™ will have access to your: (A) basic Google+® profile information; (B) the e-mail address associated with your Google+® account; and (C) any and all other information made available to Global Fantasy Sports Golf™ by and through your Google+® account.
Only one (1) Account, and one (1) entry in each Contest, is allowed per person. You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device and/or other equipment necessary to access the Contests.
HOW FAR GOLF™ IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT PARTICULAR CONTEST.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). Please be advised that Global Fantasy Sports Golf™ is not in any way affiliated with either Facebook or Google, nor are the Global Fantasy Sports Golf™ Offerings or Contests endorsed, administered or sponsored by either Facebook or Google.
General:
Each Contest may contain certain terms, conditions and restrictions, including the minimum/maximum number of Entrants who may participate, the types of Prizes (Virtual Tokens, as defined below, or monetary prizes), number of Prize winners and the applicable scoring system associated with each Contest, as set forth in the applicable Competition Room Rules. In addition, Entrants may join Contests with random opponents, or invite friends to compete one-on-one or in larger groups. Users can invite friends on their own, or utilize Global Fantasy Sports Golf’s™ social media invitation functionality that enables Users to invite friends via their Facebook® accounts, Google+® accounts, Twitter® accounts or other designated social media accounts and/or methods. The Entrants shall be accepted in Contests for which they are eligible on a first-come, first-served basis.
Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Global Fantasy Sports Golf™ is not in any way affiliated with Twitter, nor are the Global Fantasy Sports Golf™ Offerings or Contests endorsed, administered or sponsored by Twitter.
All Contests shall be posted on the Site as they become available for participation. Posting times may vary depending on the time and day of the first tee time associated with each Round (as defined below) applicable to the Contest
Each Contest will involve a set number of individual golfers (each, a “Golfer”), as set forth in the Competition Room Rules, to be selected by the Entrant. In connection with each Contest, Entrants must choose, at a minimum, three (3) Golfers to join their team (“Team”), and at least two (2) different Rounds in which their Team will compete, in a given tournament (“Tournament”) sponsored by or associated with the Professional Golfers Association of America (“PGA®”) or any other professional golf organization designated by Global Fantasy Sports Golf™ (each, an “Association”). Depending on the Competition Room Rules, Entrants may be able to change their selected Golfers up until the applicable Contest’s start time (“Start Time”). The exact roster size of Golfers for each Team in any given Contest will be predetermined and set forth in the applicable Competition Room Rules. If you have not selected the requisite number of Golfers as of the applicable Start Time, you will not be entered into that Contest.
IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING A CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO GAIN AN ADVANTAGE OVER, AND/OR TO DISADVANTAGE, OTHER ENTRANTS.
The Professional Golfers Association of America and PGA® are registered trademarks of the Professional Golfers Association of America. Please be advised that Global Fantasy Sports Golf™ is not in any way affiliated with the Professional Golfers Association of America or any other Association, and neither Global Fantasy Sports Golf™ nor the Contests are endorsed or sponsored by the Professional Golfers Association of America or any other Association.
Entry Fees/Free Contests:
Contest Start Time/Contest Duration/Withdrawal/Points:
The following terms apply to “5-Ball Contests”:
Double Eagle: 8 Points
Eagle: 5 Points
Birdie: 2 Points
Par: 0 Points
Bogey: -1 Points
Double Bogey or Worse: -3 Points
The following terms apply to “Pick-18 Contests”:
The following terms apply to “Hole-in-1 Contests”:
Double Eagle: 8 Points
Eagle: 5 Points
Birdie: 2 Points
Par: 0 Points
Bogey: -1 Points
Double Bogey or Worse: -3 Points
Tallying Points/Statistics:
Each Entrant will earn Contest points based on the performance, during the active Rounds of the applicable Contest, of the Golfers that were on his/her Team (“Points”). Global Fantasy Sports Golf™ will be responsible for tallying the Points for each Contest based on the reporting of Golfer performance provided by the applicable Association during the applicable Contest Duration. Please be advised that during the Contests, Global Fantasy Sports Golf™ receives live scoring from its third-party statistics providers. Live scoring statistics that appear during a Contest are subject to change by the applicable Association after the conclusion of the applicable Round and/or Tournament. Please be advised that, even in the event of a change to the statistics by the applicable Association after the conclusion of the applicable Round and/or Tournament, the applicable Golfer’s Points on the Site will not be updated and the Contest outcomes will not be revised. Please note that where a correction needs to be made after the conclusion of a given Round and/or Tournament, as applicable, due to a problem with the statistics feed, the Contest outcome (including payment of Prizes) may be reversed and Contests resettled correctly. ALL DETERMINATIONS WITH RESPECT TO POINTS, PROJECTED POINTS, WINNERS AND PRIZES WILL BE MADE IN HOW FAR GOLF’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.
Single Winner Contests:
Where the Competition Room Rules indicate that the Contest will have a single potential winner (subject to eligibility verification and/or other potential disqualification, as set forth herein), the Entrant with the most Points at the end of the Contest Duration will be deemed the potential winner of that Contest. The winner of the Contest will receive the Virtual Tokens and/or cash prize specified in the applicable Competition Room Rules (the “Prize”). If two (2) or more Entrants finish in a tie with the top Point total at the end of the Contest Duration, the Prize amount shall be divided equally amongst all winners.
Contests with Multiple Winners:
Where the Competition Room Rules indicate that the Contest will have multiple potential winners, the designated number of Entrants with the most Points at the end of the Contest Duration will be deemed the potential winners of that Contest, and the Prize totals shall be assigned to each potential winner depending on what place she/he finished. In the event that two (2) or more Entrants finish in a tie for any of the winning Point totals at the end of the Contest Duration, the Prize amounts shall be divided equally amongst all potential winners with the same Point total as if each were a potential winner of that tier’s Prize, as well as the Prize(s) for the next tier or tiers. For example, if 1st, 2nd and 3rd place in a given Contest includes Prizes of $500, $300 and $100, respectively, and two (2) Entrants tie for first place, then those two (2) Entrants shall receive $400 each ($500 + $300 divided by 2), and the Entrant that finished in 3rd place shall receive $100.
Withdrawals/Taxes:
Each Entrant is allowed one (1) Account. Penalties for utilizing more than one (1) Account without prior authorization from Global Fantasy Sports Golf™ will be assessed in Global Fantasy Sports Golf’s™ sole discretion, and may include closure of all applicable Accounts and forfeiture of any Prizes that we determine to have been fraudulently obtained.
There are a variety of behaviors that may be deemed by Global Fantasy Sports Golf™ to be detrimental to Global Fantasy Sports Golf™ Offerings and other Entrants utilizing the Global Fantasy Sports Golf™ Offerings including, without limitation, where Global Fantasy Sports Golf™ determines that you have abused, misused or violated the terms of the Rules, the Global Fantasy Sports Golf™ Agreements or any aspect of the Contests. Engaging in those behaviors may result in suspension and/or termination of some or all functions associated with your Account, as well as forfeiture of any Prizes previously won, as determined by Global Fantasy Sports Golf™ in its sole discretion. Suspended players are expected to respect the disciplinary actions imposed by Global Fantasy Sports Golf™.
Global Fantasy Sports Golf™ may require Users to change their user names in cases where the subject user name is offensive or promotes a commercial venture. Any determination that a user name must be changed shall be made in How Far Golf’s™ sole discretion, and if requests are ignored, Global Fantasy Sports Golf™ may unilaterally change a User’s user name.
If a Tournament is canceled prior to the Tournament’s commencement, the associated Contest will be terminated, and all Entrants will be refunded their Entry Fees.
A Round will be considered suspended if it is unfinished, due to weather, time considerations or other intervening factor, but is scheduled to be completed in the future. If a Round is suspended for any reason, the Golfer statistics compiled for that Round will count toward the applicable Contests, but only where the Round is officially completed prior to 7:00pm Current Local Time (UTC), the following day.
You agree to indemnify and hold Global Fantasy Sports Golf™, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party related to or arising out of: (a) your participation in a Contest in any way, whatsoever; (b) your breach of these Contest Rules or any other Global Fantasy Sports Golf™ Agreement; (c) any dispute between you and any other Entrants, Associations, Users and/or third parties; (d) any claim that Global Fantasy Sports Golf™ owes any taxes in connection with your participation in a Contest; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Global Fantasy Sports Golf™, its parents and subsidiaries, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders, content licensors and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
While we try to ensure that the Global Fantasy Sports Golf™ Offerings are functioning smoothly at all times, like any online service, we may periodically experience periods of outage or slow performance. These can sometimes result in, among other things, an inability to access the Global Fantasy Sports Golf™ Offerings, problems editing Teams and/or problems entering new Contests. If you are unable to access the Global Fantasy Sports Golf™ Offerings, please report the problem by emailing us at: support@globalfantasysports.com. If there are sustained periods where Users are unable to access the Global Fantasy Sports Golf™ Offerings, or are otherwise prevented from editing Teams, we may provide instructions on how to cancel any affected Contest entries.
Global Fantasy Sports Golf™ reserves that right to cancel any Contests in our sole discretion, for any reason and without restriction. These reasons may include, without limitation: (a) where Global Fantasy Sports Golf™ believes that, due to problems with the Global Fantasy Sports Golf™ Offerings or due to events affecting the actual Tournaments, there would be a negative impact on the integrity of the applicable Contest(s); and/or (b) where Global Fantasy Sports Golf™ determines, in its sole and absolute discretion, that such cancellation is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way.
Global Fantasy Sports Golf™ may modify these Contest Rules, in its sole discretion, by posting amended Contest Rules on the Site, or by sending an e-mail to the e-mail addresses associated with registered Users. Such notice shall be effective immediately after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall affect Prizes that are pending, or that have already been awarded, as of the date of the modification or termination notice, as applicable. If any such modification is unacceptable to you, your only recourse is to cease participating as a Contest Entrant.
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ESPN
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