Last Updated: March __, 2018
- BASIC TERMS
- Service Eligibility
- Certain Services
Among other Services, Circuit provides Users, through the Platform, the ability to connect caddie Users (“Caddies”) with golfer Users (“Golfers”) through a database of Caddies maintained by intermediary third party Users operating golf courses with caddie programs (“Management User”) for the purpose of: (i) facilitating caddie services to be provided by the Caddies to the Golfers; and (ii) facilitate payments between Caddies and Golfers through third party payment processors. The Platform also facilitates payments Each Management User shall have the ability to manage and approved Caddies for their respective clubs and track information incidental to such Caddies’ continued approval by the Management User. The Management User shall be solely responsible for evaluating the Golfers and Caddies, and for ensuring such Golfer and Caddies are in compliance with these Terms. You acknowledge that Golfers ability to obtain Caddies through the Platform does not establish Circuit as a provider of Caddies or other service providers. Circuit
ALL ACTIONS OR INACTIONS TAKEN BY GOLFERS, CADDIES, OR MANAGEMENT USERS, AS APPLICABLE, TAKEN IN CONNECTION WITH THEIR USE OF THE PLATFORM OR PROVISION OF THE SERVICES ARE SUBJECT TO THE TERMS AND CONDTIONS HEREOF, INCLUDING, WITHOUT LIMIATION, THE DICALIMERS AND LIMAITIONS OF LIABILITY SET FORTH IN SECTION VI HEREOF THE INDEMNIFICATION PROVISIONS OF SECTION II HEREOF.
You understand that use of the Services rendered by Circuit through the Platform may result in charges to you for the services or goods you receive from Circuit (“Charges”). Circuit will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Circuit. As between you and Circuit, Circuit reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Circuit’s sole discretion. Circuit will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for all Charges you incur regardless of your awareness of such Charges or the amounts thereof. Charges shall be paid in a forma acceptable to Circuit and shall be remitted directly to an account determined by Circuit. Charges paid by you are final and non-refundable, unless otherwise determined by Circuit.
- Accessing the Platform
In order to access some of the Services Users will need to create a Circuit account. Such Circuit accounts will be created based upon the information provided by Users, or that we obtain via an information page entered on the Platform. Account registration require Users to provide certain personal information such as their name, address, mobile number, and age, as well as at least one (1) valid payment method supported by the Platform.
- Third Party Sites
- Platform Availability
- USER CONDUCT
- Rules of Use
- Comply with all applicable laws, including, without limitation, privacy laws and intellectual property laws;
- Provide accurate information to Circuit and update it as necessary;
- Review and comply with any notices sent by Circuit concerning the Platform; and
- Use the Platform in a respectful manner.
- Harass, abuse or harm another person, including sending unwelcomed communications to others Users;
- Upload, post, transmit or otherwise make available any content that:
(i) Is unlawful, libelous, abusive, discriminatory or otherwise objectionable;
(ii) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
(iii) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(iv) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Circuit or any User; or
(v) Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Platform.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Platform;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in Circuit’s sole discretion, with Circuit or the Platform;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Circuit unless you have entered into a written agreement with Circuit;
- Adapt, modify or create derivative works based on Circuit or technology underlying the Platform, or other Users’ content, in whole or part;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
- Remove, cover or otherwise obscure any form of advertisement included on the Platform;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform;
- Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform, unless explicitly permitted by Circuit;
- Access, via automated or manual means or processes, the Platform for purposes of monitoring the Platform’s availability, performance or functionality for any competitive purpose;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Platform;
- Attempt to or actually override any security component included in or underlying the Platform;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform’s infrastructure, including, without limitation, attempting to gain unauthorized access to the Platform, or transmitting or activating computer viruses through or on the Platform;
- Interfere, disrupt or game the Platform, including, without limitation, any servers or networks connected to Circuit, or Circuit’s search algorithms;
- Recruit or otherwise solicit any User to join third-party services or websites that are competitive to Circuit, without Circuit’s prior written approval; and
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- Suspension or Termination
Circuit may, in our discretion and without liability to you, without cause or prior notice and at any time, limit, suspend, deactivate or cancel your ability to access the Platform.
III. Intellectual Property Matters
As used herein the following terms shall have meanings assigned to them hereinafter:
“Collective Content” means collectively, User Content and Circuit Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Circuit Content” means all Content that Circuit makes available through the Platform, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available on or through the Platform.
If you are a copyright owner, or an agent of a copyright owner, and believe any User Content made available through the Platform infringes upon your intellectual property rights, you must submit a Notification of Claimed Infringement to Circuit under the Digital Millennium Copyright Act.
- Limited License
- User Content
Each User hereby grants to Circuit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Platform.
Circuit further reserves the right to withhold, remove or discard any Content, with or without notice, for any reason. For avoidance of doubt, Circuit has no obligation to store, maintain or provide you a copy of any Content that you or other Users provide when using the Platform. Circuit may, but shall not be obligated to, review, monitor, or remove User Content, at Circuit’s sole discretion and at any time any for any reason, without notice to you.
- Contributions to Circuit
By submitting ideas, suggestions, documents, or proposals ( “Contributions”) to Circuit through its suggestion or feedback webpages or otherwise, you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Circuit is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Circuit shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) Circuit may have something similar to the Contributions already under consideration or in development; (v) you irrevocably assign to Circuit any and all rights to exploit your Contributions; and, (vi) you are not entitled to any compensation or reimbursement of any kind from Circuit under any circumstances.
- User-to-User Communication and Sharing
- Disclaimers/Limitation of Liability
CIRCUIT MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
CIRCUIT DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE PLATFORM, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE SERVICES; THEREFORE, CIRCUIT DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR ANY OTHER INFORMATION BY OTHERS. CIRCUIT DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CIRCUIT DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PLATFORM DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
CIRCUIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AND ALL USERS.
- Limitation of Liability
- Entire Agreement
- Law and Forum for Legal Disputes
- Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Circuit must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- No Informal Waivers, Agreements or Representations.
- No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Platform, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platform or any content or other material used or displayed through the Platform.
- Assignment and Delegation.