TERMS OF SERVICE
Last updated: April 4, 2023
These Terms govern your rights and obligations regarding your access to and use of the websites, applications, or software (including any content, documentation, and functionality offered thereon) (collectively, the “Site”) owned by DPP Golf Inc. or our subsidiaries, parent companies, or affiliates (herein referred to as “DPP Golf”, “we” or “us”, or “our”). These Terms constitute a fully binding agreement between DPP Golf and you (herein referred to as “you” and “your”), so please read them carefully.
DPP Golf reserves the right, in its sole discretion, to revise and update these Terms from time to time. The date on which these Terms were last updated will appear at the top of this page, and any and all such modifications are effective immediately upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound. If we intend to make what we deem to be a material change to these Terms, we will provide you with advance notice in accordance with these Terms.
The Site (or any portion thereof) may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.
- SITE USE AND ACCOUNT REGISTRATION
In order to access and use certain parts of the Site, you will need to register an account (“Account”). In order to create an Account, you will need to create a username and password, and provide your name, date of birth, place of residence, and an active email address of the user and/or the user’s parent/guardian. If you are under the age of 13, your parent/guardian will need to provide their consent before an Account can be created. You are responsible for providing accurate, current, and complete information in connection with your Account registration, including the information provided through any online social platform used to register with the Site.
DPP Golf may, either during or after the registration process, request further information from you to verify your Account or registration information, or otherwise as we deem necessary to provide you with access to the Site.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You accept responsibility for all activities that occur under your Account. If you become aware that there has been, or have reason to suspect that there may be, unauthorized use of your Account, or any other breach of security, you agree to immediately notify DPP Golf at firstname.lastname@example.org , and to immediately take all necessary steps to prevent such unauthorized access, including changing your password.
DPP Golf reserves the right at any time and from time to time, to disable or terminate your Account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
- USER SUBMISSIONS
The Site contains Interactive Functions allowing you to submit, post, publish, contribute, make available, display, or transmit (“submit”) photos, videos, graphics, sounds, texts, questions, comments, suggestions, ideas, feedback, reviews, testimonials, and other information and materials (collectively, “User Submissions”) to the Site, to other users or other persons.
You understand and agree that none of the User Submissions will be subject to any confidentiality by us and we will be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. By submitting User Submissions, you hereby grant to DPP Golf, its successors and assigns, now and in the future, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, modify, alter, adapt, translate, perform, publish, display, distribute, store, transmit, stream, broadcast, make available, create derivative works, and disclose to third parties any such User Submissions for any purpose and to incorporate such material into any form, medium or technology now known or later developed throughout the world, and you further waive any moral rights or other rights of authorship to such User Submissions.
By submitting User Submissions, you represent and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, rights of publicity, copyrights, and any other intellectual property or proprietary rights. You further represent and warrant that all User Submissions submitted by you comply with all applicable laws, rules, and regulations and the Conditions of Use and Site Content Standards set out in these Terms.
You understand and agree that you, not DPP Golf, are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to another user or any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you.
- BROADCASTS OF USER SHOTS AND ROUNDS
One of DPP Golf’s Interactive Functions involves you uploading videos (User Submissions) to the Site via an application (the “DPP App”), and us generating broadcasts of your golf shots and/or rounds using our proprietary technology.
Here’s the way it works: you play a round of golf, use the DPP App to record shots, and we auto-generate a broadcast video of your selections (the “Broadcast Video”). The Broadcast Video can be comprised of a specific shot, a combination of shots (up to your entire round). After the Broadcast Video is generated, you can share individual shots, share multiple shots, or share the complete round with your networks. You can even share a highlight version of your round, or combine highlights from one round with highlights from other rounds.
Once DPP generates your Broadcast Video, it will be accessible through a link to the Site. Here are terms and conditions on your use of the DPP App to allow us to generate Broadcast Videos for you:
- You can only access the Broadcast Videos via the Site; they cannot be downloaded. Your access to the Broadcast Videos and data only exists as long as you are a paid user of the DPP App.
- If you cancel your account or do not renew your APP subscription and re-join DPP Golf at a later time, your previous Broadcast Videos and related data may not be available or accessible.
- If you reset your account (and by doing so, you acknowledge that all previous videos and data may be eliminated), your previous Broadcast Videos and related data may not be available in the future
- You grant to DPP Golf, its successors and assigns, now and in the future, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, modify, alter, adapt, translate, perform, publish, display, distribute, store, transmit, stream, broadcast, make available, create derivative works, and disclose to third parties any such Broadcast Videos for any purpose, and to incorporate such material into any form, medium or technology now known or later developed throughout the world, including after such time you are a DPP Golf user, and you further waive any moral rights or other rights of authorship to any and all such Broadcast Videos.
- You acknowledge that DPP may use your Broadcast Videos for marketing and promotion purposes – including on multiple feeds on multiple sites, whether shared or not by you to your own networks.
- You will be able to choose a genre of music to accompany your Broadcast Video, but not specific songs. You waive any complaints pertaining to the subject matter of the accompanying music for the genre you select even if the genre playing is not the genre you had selected.
- Your Broadcast Video may include an auto-generated commentator for your shots and/or rounds. You waive any complaints pertaining to the subject matter of this commentary.
- Like other forms of User Submissions, you understand and agree that you, not DPP Golf, are fully responsible for any raw video content you upload to the DPP App, and you are fully responsible and legally liable – including to another user or any third party – for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any videos or other related content uploaded by you.
On our end of things, we will generate the Broadcast Videos to the best of our ability, but we cannot guarantee there will not be errors or mistakes as a result of our software interacting with your uploaded content. As a result, you acknowledge that we are not responsible for an error (or errors) in the Broadcast Video resulting in wrong information (e.g. course name, hole number, scores, yardages, etc.).
All Broadcast Videos generated by DPP Golf will contain a “Powered by DPP Golf” watermark, which must not be removed or blocked by users.
We will also store and backup your Broadcast Videos on our servers, and do the best to protect them from theft and/or damage. However, you acknowledge, in conjunction with section 12(b) below, that we are not responsible if they are no longer available for any reason. We store the Broadcast Videos associated with your account for free up to a total of 10 GB however if you exceed that storage limit, we reserve the right to charge you for additional storage (which will be communicated to you in advance). We also reserve the right to change our standard individual user storage limit at any time.
- CONDITIONS OF USE AND SITE CONTENT STANDARDS
As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms.
The following standards and restrictions apply to your conduct and to any and all User Submissions that you submit to the Site.
Without limiting the foregoing, you agree as follows:
- You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of, the Site, or any features or functionality thereof.
- You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party for any reason.
- You will not remove, delete, alter, obscure, any copyright, trademark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.
- You will not use the Site for purposes of competitive analysis, the development of competing products or services, copying and/or exploiting ideas, features, or functions of the Site, or any other purpose that is to our disadvantage.
- You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
- You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- You will not attempt to circumvent and/or violate the security of the Site, or otherwise gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.
- You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with DPP Golf, a DPP Golf employee, another user, or any other person or entity (including, without limitation, by using email addresses, associated with any of the foregoing).
- You will not transmit, or procure the sending of, any advertisements, promotions, “spam”, “junk mail”, “chain letters”, or any other similar solicitation through the Site.
- You will not provide or contribute any false, inaccurate, or misleading information.
- You will not participate in any form of action or conduct, or submit any User Submissions that:
- are exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
- interfere or violate any third party’s, or any other user of the Site’s, right to privacy, or other rights, including intellectual property rights;
- involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
- cause annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
- are likely to upset, embarrass, or alarm any user of the Site or any third party;
- give the impression that a User Submission originates from or is endorsed by us or any other person or entity, if this is not the case; or
- may otherwise have a disruptive, destructive, or negative impact on DPP Golf, other users of the Site, or any third party.
- You will not engage in or encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm DPP Golf or users of the Site or expose them to liability.
- You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.
- SITE MONITORING
We have the right, without provision of notice to:
- Remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS DPP GOLF, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, ASSIGNEES, AND SUCCESSORS (COLLECTIVELY, THE “AFFILIATED PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY DPP GOLF AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER DPP GOLF OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
WE DISCLAIM ANY AND ALL LIABILITY FOR ANY USER SUBMISSIONS MADE BY ANY USERS OF OUR SITE OR ANY THIRD PARTY CONTENT MADE AVAILABLE ON OUR SITE, AND YOU HEREBY RELEASE DPP GOLF AND THE AFFILIATED PARTIES FROM ANY AND ALL CLAIMS REGARDING SUCH USER SUBMISSIONS AND/OR THIRD PARTY CONTENT.
- TERMINATION OF ACCOUNT
By DPP Golf. DPP Golf may, in its sole discretion, for any reason or no reason, with or without notice: (i) terminate or suspend your Account and your access to the Site; and (ii) remove your profile and any User Submissions or other content posted by or about you, from the Site. Unless otherwise decided by DPP Golf, such termination, suspension, and removal will be effective immediately. Following any termination or suspension of any user’s Account, DPP Golf may send a notice of the termination or suspension to other users you have corresponded with. If your Account has been terminated by DPP Golf, you may not re-register without DPP Golf’s consent (and if you are permitted to re-register, your previous information and activity may no longer be available).
By User. As a user, you may terminate your Account at any time by going to your profile page, click account, click delete/cancel account, confirm Yes to delete. You may re-register at any time, but your previous information and activity, including any User Submissions you may have created, may no longer be available.
Effect of Termination. Upon the termination of your Account, you will no longer have access to any portions of the Site that require Account registration. If your Account is terminated, your profile will no longer be displayed, but User Submissions you have submitted may or may not (in our sole discretion) remain on the Site.
- THIRD PARTY SITES
The Site may include links to other websites (including other sites that are framed within the Site), applications, or resources provided, operated, or maintained by parties other than DPP Golf (each, a “Third Party Site”) solely as convenience to users. We do not control or endorse any Third Party Sites, and we do not accept any responsibility or liability for their content or policies. Your use and access of a Third Party Site is at your own risk, and is subject to the terms of service and privacy policies of such Third Party Site. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.
- INTELLECTUAL PROPERTY RIGHTS
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by DPP Golf, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, “DPP Golf”, and all related names, logos, product and service names, designs, images, and slogans are trademarks of DPP Golf or its licensors. You must not use such trademarks without the prior written permission of DPP Golf. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
By using the Site, you agree to respect all copyright, trademark and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.
We do not grant you a right or license to reproduce content from the Site, for any reason.
- DISPUTES AND GOVERNING LAW
- DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF DPP GOLF AND THE AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. DPP GOLF AND THE AFFILIATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NEITHER DPP GOLF NOR THE AFFILIATED PARTIES MAKE ANY REPRESENTATION, WARRANTY, ENDORSEMENT OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DPP GOLF NOR THE AFFILIATED PARTIES REPRESENT OR WARRANT THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DPP GOLF OR THE AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THORY, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE OR ANY THIRD PARTY SITE.
- YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
- No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Number & Gender. Wherever appropriate herein, words importing the singular number include the plural and vice versa, words importing any gender include all genders, and words importing persons include all entities.
- If any termor provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
- The parties require that these Terms and any related documents be drawn up in the English language. Les parties aux présents exigent que la présente convention ainsi que tous les documents qui s’y rattache soient rédigés en la langue anglaise.
- All provisions that by their nature survive expiration or termination of these Terms shall so survive.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:
DPP Golf Terms of Service