Communications with this Site.
General
Terms and Conditions:
On certain
areas of our Site, you may be able to interact with other users or upload
messages or other content, including videos ("Content"). We may
terminate your account and your ability to upload Content if we believe, in our
sole discretion, that you have violated any of the terms in these Terms and
Conditions, or any law.
By
submitting any Content to Acushnet Company, you represent and warrant that: (i)
you are the sole author and owner of the intellectual property rights thereto;
(ii) all content that you post is accurate; (iii) you are at least 13 years
old; (iv) that use of the Content you supply does not violate these terms of
use and will not cause injury to any person or entity; and (v) the Content does
not contain viruses, corrupted files, or any other similar software or programs
that may adversely affect the operation of the Site or another user's computer.
You are
prohibited from posting or transmitting any false, inaccurate, misleading,
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane Content or any Content that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. Acushnet Company will fully
cooperate with any law enforcement authorities or court order requesting or
directing Acushnet Company to disclose the identity of or help identify or
locate anyone posting any such Content.
You agree that you will not post Content that contains personal information
about any individual, violates the privacy of any other individual or entity,
or anything that you are under a contractual obligation to keep private or
confidential. You agree that you will not impersonate any person or
organization, including without limitation, an employee of Acushnet Company.
You further agree that you will not misrepresent an affiliation with another
person or organization, nor will you post any Content that infringes any
copyright, trademark, patent, trade secret or other intellectual property right
of a third party.
You agree to
indemnify and hold Acushnet Company (and its officers, directors, agents,
subsidiaries, joint ventures, employees and third-party service providers),
harmless from all claims, demands, and damages (actual and consequential) of
every kind and nature, known and unknown including reasonable attorneys' fees,
arising out of a breach of your representations and warranties set forth above,
or your violation of any law or the rights of a third party.
Although
Acushnet Company may from time to time monitor or review discussion, chats,
postings, transmissions, bulletin boards, and the like on the Site, Acushnet
Company is under no obligation to do so and assumes no responsibility or
liability arising from the content of any such locations or for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger or inaccuracy contained in any information within such locations
on the Site. Acushnet Company assumes no
responsibility or liability for any actions or communications by you or any
unrelated third party within or outside of this Site.
Acushnet
Company appreciates your comments, but please do not send to Acushnet Company
any suggestions, drawings, models or other descriptions of any ideas related to
new products, modifications to existing products or marketing efforts. Acushnet
Company does not accept such unsolicited products or marketing suggestions.
Any communication or material you transmit to the Site by e-mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and will
be treated as, nonconfidential and non-proprietary with no obligation of
confidence on the part of Acushnet Company, its agents, subsidiaries,
affiliates, partners or third party service providers and their respective
directors, officers and employees. Acushnet Company cannot prevent the
"harvesting" of information from this Site, and you may be contacted
by Acushnet Company or unrelated third parties, by e-mail or otherwise, within
or outside of this Site. Furthermore,
Acushnet Company is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products
using such information without any compensation to the person sending such
information.
Ratings and Reviews Service, message boards, blogs, chat rooms, and other
forums:
The Ratings and Reviews Service, message boards, blogs, chat rooms, and other
forums (collectively, the "Boards") we may provide on this Site are intended to
allow information exchanges, and for users to express their opinions. We
encourage you to interact with the site by reading and commenting on our
postings. Here are some additional ground rules to the items that we will post:
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Not
all posts will be published. We reserve
the right to review all submissions and to refuse to post any submission for
any reason, in its sole discretion.
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We
do not guarantee that you will have any recourse through Acushnet Company to
edit or delete any Content you have submitted. However, we reserve the right to
remove or to refuse to post any submission for any reason. You acknowledge that
you, not Acushnet Company, are responsible for the contents of your submission.
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The
purpose of the Boards is to focus on Acushnet Company products. Accordingly, we
will not post or comment on Acushnet Company policies or rumors, or on our
competitors‚ products, marketing strategies or players that endorse their
products. We prefer to keep the topics related to Acushnet Company equipment
and players.
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We
will offer links to some other websites. While many of these links will be to
sites with which we have no commercial or other relationship, some links will
be to websites where we have purchased advertisements.
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We
will not post any Content that contains business solicitation of any type,
including advertising a product or service, offering a product or service for
sale, or directing readers to a location for more information about a product
or service, or for which you have been compensated or granted consideration by
any third party.
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We
will not post any Content that includes any information that references other
websites, addresses, email addresses, contact information or phone numbers.
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By
submitting your email address in connection with your rating and review, you
agree that Acushnet Company and its third party service providers may use your
email address to contact you about the status of your review and other
administrative purposes.
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We
may occasionally edit some postings according to these policies. For more
information, please click here for our Legal Notice.
Violations:
If you
believe that Content was posted in violation of these Terms and Conditions,
please notify us via email to ip@acushnetgolf.com. We may, but typically will
not, acknowledge receipt of your complaint. You agree that we cannot and will
not act as arbiter of disputes arising from third party communications or
transmission to the Site, but will take only such action as we believe are
appropriate in our sole discretion. If you are a copyright owner and you
believe your rights have been violated by Content uploaded to this Site, please
follow our Proprietary Rights Complaint Process below.
Any Content you submit on this website containing artwork, audio recordings,
copy, ideas, images, music, photography, text, video recordings, written
materials and/or other materials is governed by these terms.
You hereby grant to Acushnet Company an irrevocable, non-exclusive,
royalty-free perpetual license to use and exploit the Content, including,
without limitation, the title(s) and each and every element of the Content, in
whole or in part, in any and all manner and media throughout the world. You
hereby acknowledge and agree that: (a) Acushnet Company shall have the right to
edit, alter or arrange the Content in any way it desires in its sole
discretion; (b) Acushnet Company shall not have any obligation to provide you
with any credit when using your Content; and (c) you waive any "moral rights"
that you may have in the Content. You understand that Acushnet Company will act
in reliance upon your grant of rights, representations, warranties and
indemnities in this Agreement and may incur substantial expense in reliance
upon this grant of rights, representations, warranties and indemnities should
Acushnet Company use your Content.
Proprietary Rights Complaint Process:
Acushnet Company is committed to complying with U.S. copyright law and to
responding to claims of copyright infringement. Acushnet Company will promptly
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be
sent to a Service Provider's Designated Agent. Notification must be submitted
to the following Designated Agent for this site in the manner described below:
1. By sending an email to ip@acushnetgolf.com; or
2. By sending a letter via U.S. mail to:
Copyright Agent
Acushnet Company
Attn: Legal Department
333 Bridge Street
Fairhaven, MA 02719
For your complaint to be valid under the DMCA, you must provide the following
information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized to act on behalf
of the copyright owner;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the
subject of the infringing activity and that is to be removed or access to which
is to be disabled as well as information reasonably sufficient to permit
Register.com to locate the material;
d. Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address;
e. 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 law;
f. 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 more details on the information required for valid notification, see 17
U.S.C. 512(c))
Upon receipt of a fully completed and signed notification form, we will disable
access to the allegedly infringing materials and will promptly notify the
individual who posted the materials that access has been disabled as is our
obligation under the Copyright Act. If your notification is unsigned or is not
on our form and does not contain the authorization language of our form, we
will work with you to obtain a properly executed notification. If any of the
other information is missing from your notification, however, we will not be
able to respond to your request.
Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may
provide us with counter-notification that the materials were removed or
disabled as the result of a mistake or misidentification of the materials. This
counter-notification must (1) be signed, (2) include the individual's name,
address and telephone number, (3) include a statement that the individual is
making the counter-notification under penalty of perjury, and (4) state that
the person consents to the jurisdiction of the federal district court where his
or her address is located. If we receive such a counter-notification, and we
determine that we would like to restore access to the materials, a copy will be
sent to you notifying you that access to the materials will be restored within
ten business days. Access will be restored between the tenth and fourteenth
business day after we receive a counter-notification unless you inform us that
you have filed an action seeking a court order to restrain the individual who
made the posting from engaging in infringing activity on our network and
servers. If we determine that we do not want to restore access to the
materials, you will not receive any further notification.
You should be aware that, under the DCMA, claimants who make misrepresentations
concerning copyright infringement may be liable for damages incurred as a
result of the removal or blocking of the material, court costs, and attorneys
fees.
Sweepstakes/Contests:
Upon
occasion, we may sponsor a contest via Acushnet Company postings on the Boards
or via third-party social networks like Facebook or Twitter, each subject to
the following conditions:
-
Specific
prizes and/or conditions are unique to each contest and shall be disclosed upon
posting of the contest;
-
Entry
may be subject to Board or third-party social network registration, or upon
completion of a short survey;
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Winners
may be determined by a draw, by answering a question correctly, or by being the
first respondent to an inquiry; and
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Acushnet
Company's decisions are final in all matters relating to the contests.
Regardless
of the format of the contest, the following general rules shall apply where
applicable:
"THE
FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND
EVALUATED ACCORDING TO U.S.
LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE U.S. OR DISTRICT
OF COLUMBIA AT TIME OF ENTRY.
1. NO
PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
A PRIZE.
2. Contest
Period: This Contest will begin upon notice to the public and end at a time to
be determined by Acushnet Company, in its sole discretion (the "Contest
Period").
3. Prize
Drawings: Drawings for this Contest will be held as soon as reasonably possible
after the contest ends. All entries
received will be eligible only for this drawing subsequent to FootJoy's receipt
of such entries, unless declared ineligible, according to FootJoy's
interpretation of these rules, in its sole discretion.
Limit one
entry per household. For the purposes of this Contest, an "entrant"
shall consist of a person, family or household with a valid household mailing
address and valid household e-mail address. Should multiple entries be received
for this drawing, all such entries will not be eligible. The winner of any
prize here under is not eligible to win any further prizes in this Contest.
Proof of e-mailing an entry does not constitute proof of delivery. Incomplete
entries are void.
4. Official
Rules: By entering, entrants agree to abide by and be bound by these official
rules ("Official Rules"). All entries become the property of Acushnet Company
and will not be returned. Entrants waive all rights and remedies at law or in
equity for any claim they may have relating to this Contest.
5. No
Responsibility: Sponsor is not responsible for any computer system, or
technical malfunction of any telephone lines, computer on-line systems,
software, hardware, servers, access providers, computer equipment, program
malfunctions or other errors, failure of any entry to be received by Acushnet
Company on account of technical problems or traffic congestion on the Internet
or at website, or any combination thereof, that are human or technical in
nature, including any injury or damage to an entrant's or any other person's
computer related to or resulting from playing or downloading any materials in
this Contest. Acushnet Company reserves the right, in its sole discretion, to cancel
or suspend this Contest and randomly award the prizes from among all eligible
entries prior to action taken by Acushnet Company should virus, bugs or other
causes beyond the control of Acushnet Company corrupt the security,
administration or proper play of the game. Should the Contest be terminated
prior to the stated expiration date, notice will be posted at http://www.FootJoy.com.
Any attempt to deliberately damage any website or to undermine the legitimate
operation of this Contest is a violation of criminal and civil laws, and should
such an attempt be made, Acushnet Company reserves the right to seek remedies
and damages to the fullest extent permitted by law, including criminal
prosecution. Sponsor is not responsible for incorrect or inaccurate entry
information whether caused by Internet users or by any of the equipment or
programming associated with or utilized in the Contest or by any technical or
human error which may occur in the processing of the entries in the Contest.
Automated entries are prohibited, and any use of such devices will cause
disqualification. In the event of a dispute regarding the identity of the
person submitting an electronic entry, the entry will be deemed to be submitted
by the "authorized account holder" person in whose name the email account is
registered, provided that person meets all eligibility criteria set forth in
the "Eligibility" section of these Official Rules. "Authorized Holder" shall
mean the natural person assigned to an email address by an Internet access
provider, on-line service provider or other organization that is responsible
for assigning email addresses for the domain associated with the submitted
email address. Sponsor reserves the right at its sole discretion to disqualify
any individual who tampers with the entry process.
6. Drawings:
Random drawings will be conducted by Acushnet Company, the judges, whose
decisions will be final in all matters relating to this Contest. One (1)
drawing will occur and winners will be notified by email. If a prize or prize
notification is returned as undeliverable, the prize will be forfeited and an
alternate winner selected. Odds of winning a prize depend on the number of
eligible entries received during the applicable period. If due to an error,
more prizes are claimed than are intended to be awarded, the intended prizes
will be awarded in a random drawing from among all verified and validated prize
claims received for that prize level. In no event will more than the stated
number of prizes be awarded.
7. Prizes: Prizes
are non-transferable, and no prize substitutions or cash redemptions are
allowed except as provided herein. Sponsor reserves the right to substitute
prize of equal or greater value should featured prize become unavailable. All
taxes on prizes are the responsibility of the winners.
8. Prize
Winners: Winners may be required to sign and return an Affidavit of Eligibility
and Liability/Publicity Release (where permitted by law), within fourteen (14)
days of the date notification is mailed. Failure to comply with this condition
will result in forfeiture of prize and an alternate winner will be selected.
All prizes will be awarded. Except where prohibited, winner consents to the use
of his/her name, photo, likeness and/or biographical information for advertising
and promotional purposes, without additional compensation. Winners release
Sponsor, its directors, employees and agents including without limitation its
advertising and promotion agencies from any and all liability, loss or damage
incurred with respect to the awarding, receipt, possession and or use or misuse
of any prize.
9.
Eligibility: This Contest is open to legal residents of the United States and the District of Columbia who are eighteen (18)
years of age or older. Employees of Sponsor, its affiliates, subsidiaries,
distributors, retailers, advertising and promotional agencies, the immediate
families and/or household members of each are not eligible. Prizes won by
minors will be awarded to parent or legal guardian, who must sign and return all
required documentation. This Contest shall only be construed and evaluated
according to law of the Commonwealth
of Massachusetts, without
regard to the principles of conflicts of laws and submission of an entry
constitutes acceptance of such laws. This Contest is void where prohibited. All
federal, state and local laws and regulations apply."