Welcome to MichianaGolf.com. The mission of MichianaGolf.com is to represent the needs of the community at large pertaining to Golf in Northwest Indiana & Southwest Michigan and to develop contacts and share information among people worldwide, pursuant to the terms and conditions set forth below. By using our Services, and accompanying Website, whether as a visitor or as a Golf Course participant, you are agreeing to use our Services in a manner consistent with these terms and conditions.
1. Modification of Usage Terms and Conditions of Service
MichianaGolf.com may change the terms and conditions of the Service, at its discretion, and shall update this Privacy Statement / Usage Terms and Conditions accordingly of such changes.
2. Privacy Statement
While visitor participation is open to the general public, and the world, Golf Course participation is limited to the "Michiana" area exclusively -- defined as the following Northwest Indiana and Southwest Michigan Counties:
Participation in the MichianaGolf.com program is void where prohibited. By using this Service and accompanying Website, you represent and warrant that you have the right, authority, and capacity to enter into and to abide by all of the terms and conditions of said Service and accompanying Website.
4. "Active" Participation
"Active" Participation is defined as being a contributor to the content of MichianaGolf.com. Content contribution may consist of text -- such as Golf Jokes, Golf Reviews, Golf Tips, etc.; and/or may consist of graphics -- such as photos, videos, logos, diagrams, etc.
"Active" Participation presumes that the users have read, understood and accepted the terms and conditions (including modifications thereto) without a reliance upon any prior notice or communication with / to / from / or by MichianaGolf.com.
5. "Active" Participation Registration Data
As part of the "Active" Participation Registration process, you may be asked to provide contact information, all of which must be accurate and up-to-date.
Depending upon your level of "Active" Participation, you may be provided with a login and a password. In such cases, you are responsible for maintaining the confidentiality of your login, password, and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by a third-party. You shall notify MichianaGolf.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your login and/or password.
Likewise, you may not use an "Active" Participation login in which another person has rights without such person's authorization. Additionally, any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for termination of your account, at MichianaGolf.com's sole discretion, and MichianaGolf.com may refer such information to appropriate law enforcement agencies. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in termination of your account.
6. Subscription Services
Once registered, you may post information to the site as you see fit and in most cases, the vast majority of information may be posted without any cost. Some portions of the Service are fee-based and detailed on the Help for Courses page. The MichianaGolf.com Service is, in-part, a subscription-based service which may be terminated at anytime, at MichianaGolf.com's sole discretion.
7. Content Posted on the Website
You understand and agree that MichianaGolf.com may delete any text or graphics (collectively, "Content") that in the sole judgment of MichianaGolf.com violate the Privacy Statement / Usage Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to others.
By posting Content to any public area of MichianaGolf.com, you automatically grant, and you represent and warrant that you have the right to grant, to MichianaGolf.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a non-exhaustive list of Content that is prohibited or illegal on the Website. MichianaGolf.com will investigate and take appropriate legal action in its sole discretion against anyone who violates these terms and conditions, including without limitation, removing the offending communication from the Service and terminating the account(s) of such violator(s) without a refund, if applicable. "Content" shall include, but shall not be limited to:
Material that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; any content, messages, photos or profiles that in the sole judgment of MichianaGolf.com violates the Usage Terms and Conditions or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others or MichianaGolf.com; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes any other content that is deemed to be illegal or of a prohibitory nature; uploading or providing links to obscene/pornographic/vulgar/provocative pictures or textual material; transmitting obscene/pornographic/vulgar/provocative pictures or textual material in E-mails.
You must use the Service in a manner consistent with any and all applicable local, state, and federal laws and regulations.
You agree not to resell or make any commercial use of the Service without the express written consent of MichianaGolf.com.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to MichianaGolf.com Website will be investigated, and appropriate action will be taken.
Although MichianaGolf.com cannot monitor all activity, it is a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Golf Course without their prior explicit consent. MichianaGolf.com shall not entertain any enquiries in this regard.
MichianaGolf.com reserves the right to use any posted or submitted photos and/or text for advertising MichianaGolf.com Services.
8. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail distributed, commercially produced information presented to you by MichianaGolf.com or suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other MichianaGolf.com participants and Golf Courses. You agree and undertake that your interactions with other MichianaGolf.com participants and Golf Courses is at your sole discretion and responsibility and that MichianaGolf.com shall not be responsible / liable for confirming the veracity of any posted content. Any action taken by you by virtue of relying on the Service offered by MichianaGolf.com shall be at your sole responsibility.
You agree to defend, indemnify and hold harmless MichianaGolf.com, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of the MichianaGolf.com content and/or Service, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service and infringement of intellectual property or other rights.
This Agreement shall continue in full force and effect for so long as you are using the Service. MichianaGolf.com may terminate the Service at any time, with or without cause. The provisions of Sections 9 and 14 shall survive any such termination.
MichianaGolf.com reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice.
MichianaGolf.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
12. Disclaimer of Warranties
MichianaGolf.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the MichianaGolf.com Service, whether caused by users -- registered or not, or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user -- registered or not, of MichianaGolf.com Service whether online or offline. MichianaGolf.com does not guarantee the information posted on the Website, nor does MichianaGolf.com confirm the authenticity of the postings. Under no circumstances will MichianaGolf.com be responsible for any loss or damage resulting from anyone's use of the Website or Service.
You expressly agree that the use of the Service and/or accompanying Website is at your sole risk. The Service is provided on an "as is" and "as available" basis. MichianaGolf.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MichianaGolf.com makes no warranty the Services will meet your requirements, or the Services will be uninterrupted, timely, secure, or error free; nor does MichianaGolf.com make any warranty as to the results that may be obtained through the Service or that defects in the software will be corrected. You understand and agree any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data. MichianaGolf.com makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, which you obtain from MichianaGolf.com or through the Service shall create any warranty not expressly made herein.
You acknowledge that MichianaGolf.com Website may contain links to other websites operated by third parties ("linked websites"). You acknowledge that MichianaGolf.com and its sponsors neither endorse nor are affiliated with the linked websites and are not responsible for any content of any linked websites or any link contained in such linked websites, or any changes or updates to such websites. You also acknowledge that MichianaGolf.com is providing these links to you only as a convenience.
MichianaGolf.com does not endorse in anyway any advertisers' contents on its web pages. Please therefore verify the veracity of all information on your own before undertaking reliance and actioning thereupon. MichianaGolf.com shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.
13. Limitation of Liability
MichianaGolf.com shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement or for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Service/Website, even if MichianaGolf.com has been advised of the possibility of damages. You specifically agree that MichianaGolf.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that MichianaGolf.com is not responsible for any content sent using and/or included in a Service/Website by any third party.
This agreement will be governed by and construed in accordance with the laws of the State of Michigan and without giving effect to principles of conflict of laws. It is agreed that the proper jurisdiction and venue for any action or controversy arising hereunder shall be in the Courts in Berrien County, Michigan. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MichianaGolf.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between you and MichianaGolf.com.