Last Revised April 22, 2008
The following User Agreement
("Agreement") governs the use of www.golfdigestpromotions.com/UBS
("Website") as provided by The Condé Nast Publications (“Service
Provider”) on behalf of UBS Americas, Inc. (“Sponsor”).
Please read the rules contained in this Agreement carefully. You can access
this Agreement any time at http://www.golfdigestpromotions.com/servicesubs/user.
Your use of and/or registration on any aspect of the Website will constitute
your agreement to comply with these rules. If you cannot agree with
these rules, please do not use the Website.
In addition to reviewing this Agreement, please read the Website’s Privacy
Policy. Your use of the Website constitutes agreement to its terms
and conditions as well.
The Agreement may be modified from time to time; the date of the most recent
revisions will appear on this page, so check back often. Continued access of
the Website by you will constitute your acceptance of any changes or revisions
to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted
at various points in the Website, may result in suspension or termination of
your access to the Website, without notice, in addition to Service Provider's
and Sponsor’s other remedies.
I. MONITORING
Service Provider and Sponsor strive to provide an enjoyable online experience
for our users, so Service Provider may monitor activity on the Website, including
in any contests, sweepstakes, bulletin boards, forums, personal ads, and chats,
to foster compliance with this Agreement. All users of the Website hereby specifically
agree to such monitoring. Nevertheless, neither Service Provider nor Sponsor
make any warranties or guarantees that: (1) the Website, or any portion thereof,
will be monitored for accuracy or unacceptable use, (2) apparent statements
of fact will be authenticated, or (3) Service Provider and/or Sponsor will take
any specific action (or any action at all) in the event of a dispute regarding
compliance or non-compliance with this Agreement.
II. Registration and Account Creation
1. REGISTRATION INFORMATION:
The Website may at times require that you register and/or set up an account
to use certain portions of the Website, or the Website as a whole. In order
to do so, you may be provided, or required to choose, a password, User Id, and/or
other registration information (collectively, “Registration Information”).
You agree and represent that all Registration Information provided by you is
accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody
else when registering and/or setting up an account on the Website. If any of
your Registration Information changes, you must update it by using the appropriate
update mechanism on the Website, if available. Otherwise, contact Service Provider’s
Privacy Policy Coordinator as described in the Website’s Privacy
Policy.
2. USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the Website, you will be solely
responsible for maintaining the confidentiality of your Registration Information.
You may not authorize others to use your Registration Information. You may not
sub-license, transfer, sell or assign your Registration Information and/or this
Agreement to any third party without the prior written approval of Service Provider
and Sponsor. Any attempt to do so will be null and void and shall be considered
a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify Service Provider’s Privacy Policy Coordinator as described in the Website’s Privacy Policy.
III. Rules of Usage:
1. USE OF THE WEBSITE BY YOU:
A. The Website is not intended for users under the age of 13, and neither Service
Provider nor Sponsor knowingly collects personally identifiable information
from users under such age. Such users are expressly prohibited from submitting
their personally identifiable information on or through the Website, and from
using portions of the Website for which registration is required, such as its
contest(s) or game(s); any information submitted by such users will not knowingly
be used, posted, or retained by us.
B. Unless otherwise specified, the Website is intended for your personal use
only. You may not authorize others to use the Website, and you are responsible
for all use of the Website by you and by those you allow to use, or provide
access to, the Website. You may not impersonate, imitate or pretend to be somebody
else when using the Website.
C. You may not provide to or post on or through the Website any graphics, text,
photographs, images, video, audio or other material that constitutes junk mail,
spam, advertising, and/or commercial offers. You may not repeat the same posting
multiple times in a day or week.
D. You agree not to use any obscene, indecent, or offensive language or to provide
to or post on or through the Website any graphics, text, photographs, images,
video, audio or other material that is defamatory, abusive, bullying, harassing,
racist, hateful, or violent. You agree to refrain from ethnic slurs, religious
intolerance, homophobia, and personal attacks when using the Website.
E. You further agree not to use any sexually explicit language or to provide
to or post on or through the Website any graphics, text, photographs, images,
video, audio or other material that is sexually explicit. Do not “cyber”
or solicit another to “cyber” (participate in virtual sex) on or
through the Website.
F. You may not provide to or post on or through the Website any graphics, text,
photographs, images, video, audio or other material that is encrypted, invades
anyone's privacy, or illustrates, references or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or that otherwise
violates any local, state, federal, national or international law or regulation
(e.g., drug use, underage drinking). You agree to use the Website only for lawful
purposes and you acknowledge that your failure to do so may subject you to civil
and criminal liability. Do not provide to or post on or through the Website
any graphics, text, photographs, images, video, audio or other material that
includes instructions for weapon and/or explosive manufacture or use.
G. You are responsible for ensuring that any graphics, text, photographs, images,
video, audio or other material you provide to or post on the Website, including
without limitation in bulletin boards, forums, personal ads, chats or elsewhere,
does not violate the copyright, trademark, trade secret or any other personal
or proprietary rights of any third party or is provided or posted with the permission
of the owner(s) of such rights.
H. The Website may contain graphics, text, photographs, images, video, audio
and other material that is clearly identified for your use (“Assets”).
The Assets are protected by state, national and international copyright, trademark
and other intellectual property laws. Nevertheless, Service Provider and Sponsor
(and their licensors) grant to you the limited, non-exclusive, right and license
to use the Assets solely as described on the Website, as limited by this Agreement,
and provided further that you keep intact any and all copyright and other proprietary
notices.
I. The Website also contains other graphics, text, photographs, images, video,
audio, software, code, and other material that is provided by Service Provider,
Sponsor, and/or their licensors and is not clearly identified as, or intended,
for your use, including without limitation the organization, design, compilation,
and “look and feel” of the Website, and advertising thereon (“Website
Content”). The Website Content is protected by state, national and international
copyright, trademark and other intellectual property laws, and is the property
of Service Provider, Sponsor, and/or their licensors. The copying, reproduction,
publication, display, rearrangement, redistribution, modification, revision,
alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion,
or other use or change by you, directly or indirectly, of any such Website Content,
including but not limited to the removal or alteration of advertising, is strictly
prohibited.
J. You may not in any way make commercial or other unauthorized use, by publication,
re-transmission, distribution, performance, caching, or otherwise, of material
obtained through the Website, including without limitation the Assets or Website
Content, except as permitted by the Copyright Act or other law or as expressly
permitted in writing by this Agreement, Service Provider, Sponsor or the Website.
K. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or
interfere with the Website or its associated software, hardware and/or servers
in any way, and you agree not to impede or interfere with others' use of the
Website.
L. Other than connecting to Service Provider's servers by http requests using
a Web browser, you may not attempt to gain access to Service Provider's servers
by any means - including, without limitation, by using administrator passwords
or by masquerading as an administrator while using the Website or otherwise.
M. You acknowledge that Service Provider and Sponsor have not reviewed and do
not endorse the content of all sites linked to from this Website and are not
responsible for the content or actions of any other sites linked to from this
Website. Your linking to any service or site is at your sole risk.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Neither Service Provider nor Sponsor necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements posted
on forums, blogs or otherwise contained in the Website. Any information or material
placed online, including advice and opinions, are the views and responsibility
of those who post the statements and do not necessarily represent the views
of Service Provider, Sponsor, or their third party vendors. You agree that Service
Provider, Sponsor, and their third party vendors are not responsible, and shall
have no liability to you, with respect to any information or materials posted
by others, including defamatory, offensive or illicit material, even material
that violates this Agreement.
3. USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of information about you that you may supply or
communicate to the Website, please see the Website’s Privacy
Policy. Except as expressly provided otherwise in the Privacy Policy or
in this Agreement, you agree that by posting messages, uploading text, graphics,
photographs, images, video or audio files, inputting data, or engaging in any
other form of communication with or through the Website, you grant Service Provider
and Sponsor a royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute,
publicly perform, display, or sublicense any such communication (including your
identity and information about you) in any medium (now in existence or hereinafter
developed) and for any purpose, including commercial purposes, and to authorize
others to do so. In addition, please be aware that information you disclose
in publicly accessible portions of the Website will be available to all users
of the Website, so you should be mindful of personal information and other content
you may wish to post.
4. COPYRIGHT COMPLAINTS:
A. Service Provider and Sponsor respect the intellectual property of others
and ask that their users do the same. Service Provider may, in appropriate circumstances
and at its discretion, suspend or terminate the access of and take other action
against users, subscribers, registrants and account holders who infringe the
copyright rights of others.
B. If you believe that your work has been copied and is accessible on the Website
in a way that constitutes copyright infringement, or that the Website contains
links or other references to another online location that contains material
or activity that infringes your copyright rights, you may notify Service Provider
by providing the following information (as required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act,
17 U.S.C. sec. 512) to the Website’s copyright agent set forth below:
(i) A physical or electronic signature of person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted 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;
(iii) 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 Service
Provider to locate the material;
(iv) Information reasonably sufficient to permit Service Provider to contact
the complaining party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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
Copyright Agent:
Jerry Birenz, Esq.
Sabin, Bermant & Gould LLP Phone: (212) 381-7057
4 Times Square, 23rd Floor Fax: (212) 381-7233
New York, NY 10036-6526 E-mail: copyright@sbandg.com
Note: Only copyright complaints should be sent to agent. No other communications
will be accepted or responded to.
For communications on other matters, please contact Service Provider as described
on the Website, or e-mail privacy_administration@advancemags.com.
5. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE:
Neither Service Provider, Sponsor, nor their third party vendors make any warranties
with respect to any of the merchandise, products, and/or services featured,
mentioned, or sold on or through the Website. Transactions for any such item
shall be between the user and the third party seller, distributor, or manufacturer
without any involvement of Service Provider, Sponsor, or their third party vendors.
You agree that Service Provider, Sponsor, and their third party vendors are
not responsible, and shall have no liability to you, with respect to merchandise,
products, and/or services featured, mentioned, sold, or distributed on or through
the Website, including illegal, offensive or illicit items, even items that
violate this Agreement.
6. INDEMNIFICATION:
You agree to indemnify Service Provider, Sponsor, their parent, subsidiary and
affiliated entities, and each of their respective officers, directors, members,
employees, independent contractors, licensors, agents, representatives, successors
and assigns, and to defend and hold each of them harmless, from any and all
claims and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through the Website,
or from your breach of this Agreement, or from any such acts through your use
of the Website.
7. EDITING AND DELETIONS:
Service Provider and Sponsor reserve the right, but undertakes no duty, to review,
edit, move or delete any material provided for display or placed on the Website
or its bulletin boards, in its sole discretion, without notice.
8. ADDITIONAL RULES:
Service Provider and Sponsor reserve the right to post, from time to time, additional
rules of usage that apply to specific parts of the Website. Such additional
rules will be posted in the relevant parts of the Website. Your continued use
of the Website constitutes your agreement to comply with these additional rules.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE
IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, SPONSOR, THEIR RESPECTIVE
PARENT, SUBSIDIARY, AND AFFILIATED ENTITIES AND THIRD PARTY VENDORS HEREBY EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE
OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, SPONSOR, THEIR RESPECTIVE
PARENT, SUBSIDIARY, AND/OR AFFILIATED ENTITIES AND THIRD PARTY VENDORS DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT
THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION,
OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, SPONSOR, THEIR RESPECTIVE PARENT, SUBSIDIARY, AND AFFILIATED
ENTITIES AND THIRD PARTY VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER,
THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY
TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM
THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE,
INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, SPONSOR, THEIR PARENT, SUBSIDIARY,
AND AFFILIATED ENTITIES AND THIRD PARTY VENDORS, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, LICENCORS,
AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT
OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR".
10. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:
Service Provider and Sponsor have the right to terminate and/or suspend your
ability to access the Website or any portion thereof, for any or no reason,
without notice.
11. JURISDICTION:
Neither Service Provider nor Sponsor make any representation that materials
on the Website are appropriate, available or legal in any particular location.
Those who choose to access the Website do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws
are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed
in accordance with the laws of the State of New York applicable to contracts
to be wholly performed therein, and any action based on, relating to, or alleging
a breach of this Agreement must be brought in a state or federal court in New
York. In addition, both parties agree to submit to the exclusive personal jurisdiction
and venue of such courts.
* * * * * * * * * * * * * *
If you don't agree to the terms contained in this Agreement, please exit the
Website by clicking the Back button on your browser to return to the previous
page.