"PGA.com" is the interactive on-line service operated by Turner Sports Interactive, Inc. ("TSI") on behalf of the Professional Golfers Association of America ("PGA") on the World Wide Web of the Internet, consisting of information services and content provided by TSI, PGA, affiliates of TSI and PGA and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of PGA.com.
(A) This Agreement, which incorporates by reference other provisions applicable to use of PGA.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in PGA.com, sets forth the terms and conditions that apply to use of PGA.com by Subscriber. By using PGA.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use PGA.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) TSI and PGA shall have the right at any time to change or discontinue any aspect or feature of PGA.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
TSI and PGA shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of PGA.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PGA.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of PGA.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of PGA.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use PGA.com for lawful purposes only. Subscriber shall not post or transmit through PGA.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TSI's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in TSI's discretion restricts or inhibits any other Subscriber from using or enjoying PGA.com will not be permitted. Subscriber shall not use PGA.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PGA.com.
(B) PGA.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PGA.com are copyrighted as a collective work under the United States copyright laws. PGA and TSI own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TSI and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on PGA.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PGA.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted TSI and PGA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants TSI and PGA the right to edit, copy, publish and distribute any material made available on PGA.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of TSI, PGA and each of their respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF PGA.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER TSI, PGA, THEIR AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PGA.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PGA.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PGA.COM.
(B) PGA.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT NEITHER TSI NOR PGA IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL TSI, PGA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PGA.COM OR THE PGA.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PGA.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PGA.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TSI, PGA, NOR THEIR AFFILIATES, PARENT COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PGA.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, TSI, PGA, NOR THEIR AFFILIATES, PARENT COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
TSI and PGA shall have the right, but not the obligation, to monitor the content of PGA.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TSI and PGA and to satisfy any law, regulation or authorized government request. TSI and PGA shall have the right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on PGA.com. Without limiting the foregoing, TSI and PGA shall have the right to remove any material that TSI and PGA, in their sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless TSI, PGA, their respective affiliates and parent companies and each if their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PGA.com by Subscriber or Subscriber's Account.
Either TSI or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, TSI shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which TSI, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
PGA and PGA.com, and each of their logos are trademarks of PGA. All rights reserved. All other trademarks appearing on PGA.com are the property of their respective owners.
11. Third Party Content.
TSI is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, TSI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of PGA.com, are those of the respective author(s) or distributor(s) and not of TSI. Neither TSI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through PGA.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with TSI. TSI or PGA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PGA.com by anyone other than authorized TSI or PGA employee spokespersons while acting in their official capacities. Under no circumstances will TSI or PGA be liable for any loss or damage caused by a Subscriber's reliance on information obtained through PGA.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PGA.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for PGA.com established by TSI and PGA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
TSI and PGA respect the rights of all copyright holders and in this regard, TSI and PGA have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TSI's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
One CNN Center
Atlanta, GA 30348
Phone: (404) 878-2276
Fax: (404) 827-1995
For web posting, reprint, transcript or licensing requests for TSI or PGA material, please contact firstname.lastname@example.org For any questions or requests other than copyright issues or licensing requests, please contact http://PGA.turner.com.
14. Supplemental Terms
Associated Press Notice
Associated Press text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold the AP liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing.
Copyright 1999 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Sports Network ("TSN") Notice
TSN Content, or any part thereof, shall not be transferred, framed, reproduced, distributed, redistributed, transmitted, retransmitted, published or copied for any purpose whatsoever.