Terms of Service
Welcome to World Series of Golf, where Members are offered an on-line platform to compete in heads-up competition in simulated, eSports golf contests. Here, the wagering format of Texas hold ‘em and the skill of golf collide to create a format that allows for high-stakes to ride on each golf hole. Members have the ability to play single Games or engage in Tournaments whereby they ante up on each tee, then can bet, raise, call, check or fold on subsequent shots. The object of the Tournament is not to shoot the lowest golf score, but to claim the pot on each hole, eventually eliminating your opponents by winning their chips. These Terms of Service (this “Agreement”) are entered into by and between you and the Company, and the following terms and conditions govern your access to and use of our Services, including the Software, and any content, functionality and services offered on or through https://wsg.golf, as a registered user.
“Applications” mean WSG game applications and related services that are available through various applications, including without limitation, mobile device applications, television applications and the Site.
“Chat(s)” means a feature whereby Members can communicate with one another by instant text message or voice message while competing in a Game, Tournament or Club Tournament.
“Club Member” means a Member that pays a monthly or yearly fee to receive certain benefits not available to a basic Member.
“Club Membership” means a paid monthly or yearly membership that provides Members with certain membership benefits that include digital assets, access to an online magazine, discount coupons and special offers and access to Club Tournaments.
“Club Tournament” means a competition that is accessible only to Club Members for the purpose of winning Credit value, cash and/or other prizes.
“Credit” is a medium of exchange used by the Company to reward performance in a Club Tournament or Game amongst Club Members on the Site and/or utilizing the Software. Credit is not a currency and has no cash value.
“Game” a one-off contest amongst Members (i.e., long drive contest) for ranking, and in certain circumstances, prizes.
“Licensed Software” means third party software and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions, in any event, used by or contained in the Services.
“Member”, “you” or “your” means a person who has completed the membership form with correct, current and complete information and has been accepted for membership and authorized to use the Services.
“Member Data” means information about a Member, including both personal information and gameplay data.
“Services” means, collectively, the Software, the Site, the Application(s), the WSG Store and the Licensed Software.
“Site” means https://wsg.golf, the WSG website.
“Software” means a program that is installed on your computer to enable participation in the Game and Tournaments.
“Tournament” means a competition created and played by non-Club Members for no Credit value.
“World Series of Golf”, “Company”, “WSG”, “us” “our” or “we” refers to WSOG Holdings Inc, a Delaware corporation.
“WSG Store” means the online store, owned and operated by the Company, at which you can redeem Credit for merchandise or services.
Grant of License
License to use the Software. Subject to the terms and conditions in this Agreement, the Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable, revocable right to install and/or use the Software solely for the purpose of playing a Game and/or participating in Club Tournaments.
License to use the Site and Application(s). Subject to the terms and conditions in this Agreement, the Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable, revocable right to use the Site and Application(s) for the purpose of managing your personal information, interacting with the Company and shopping in the WSG Store.
Intellectual Property Rights
Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Services, including the content made available through the Services and the technology and software used to provide the Services, including all rights in the Software and all associated source and executable code, structure and organization. The Services are protected by copyright, trademark and other laws. If you violate this Agreement, you may be breaking the law and will be in violation of this Agreement, including by misappropriating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate this Agreement by utilizing all available remedies in law and equity.
If you provide us with any suggestions for enhancement or feedback regarding the Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Services, without any obligation to compensate you.
This Agreement permits you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, reverse engineer, decompile, disassemble or otherwise attempt to extract source code from us, modify, translate, store or transmit any part of the Services, including the Software and any of the materials and content on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by this Agreement.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Becoming a Member
After completing the WSG Registration Form, you will receive an email containing a link. You must click on the link in that email in order to confirm your identity.
By registering for an account, you agree that the Site may display your username, prize winnings and tournament records.
There are monthly and yearly Club VIP Membership options, for which the Company charges a fee. Please refer to the “Membership Plans” menu available in your player profile.
CLUB VIP MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
Club Members receive certain membership benefits, which may vary from time to time, including, digital assets, access to an online magazine, discount coupons and special offers. These are benefits that are not available to non-Club Members. Club Members will also have access to play in Club Tournaments and participate in related activities. The Company reserves the right in its sole discretion to substitute, modify or terminate specific member benefits.
As a Club Member, you receive benefits of membership exclusive of the opportunity to participate in Tournaments.
The Company reserves the right to change the fees or billing methods for Club Membership at any time. Notice of any change will be posted at least thirty (30) days before the change becomes effective. You are responsible for reviewing the billing requirements to obtain timely notice of such changes. Your continued use of the Club Membership within thirty (30) days after posting of the changes, constitutes acceptance of such changes. You are able to cancel your Club Membership at any time up to five (5) days before the next billing period without being billed for the next period. If you decide to cancel your Club Membership, the Company will not refund any fees accrued to your account prior to cancellation of your Club VIP Membership.
The Company, in its sole discretion, may grant you a grace period to remain a “conditional Club Member”. As a conditional VIP member, you will have up to six (6) days after the expiration of your Club VIP Membership to renew your Club Membership by paying the amount then due. During the grace period, you will be eligible to play in Club Tournaments, but will not be eligible to claim any prizes won if you do not renew your Club Membership during the grace period.
Club VIP Membership Billing
By completing the Club Membership Registration, you authorize us to charge applicable recurring Club Membership fees to your designated credit card or debit for either a monthly or annual billing plans, as detailed in the “Membership Plans” menu available on your player profile page.
Responsibilities of Members
You must understand the Terms of Service.
You may use the Services only in locations where it is legal. It is your sole and exclusive responsibility to determine if the Services are legal to use in your location (see Geographic Restrictions in Section below).
We reserve the right to require you to provide proof that you are eligible to participate and win prizes in the Club Tournaments prior to payment of any winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse access to a Club Tournament to any potential participant.
If you open an account and/or participate in any Tournament or Club Tournament offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and will have your account suspended or terminated. You will NOT BE ELIGIBLE to claim any prizes won and your Membership fees, if any, may be refunded. However, if we determine that you made a deliberate effort to avoid these rules, we may, in our sole and absolute discretion, refuse to refund your membership fee.
You are responsible for making all arrangements necessary to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of this Agreement and comply with them.
You may be required to provide verification of identity prior to redeeming Credit, claiming prizes or participating in Club Tournaments. Acceptable forms of identification are (a) valid driver’s license, (b) valid passport or passport card or (c) valid state-issued official identification card.
You agree that the information you provide us, including but not limited to your name and email address, are correct, current and complete.
For persons within the United States, to open an account and/or participate in any Game, Tournament and/or Club Tournament offered on the Site, you must:
- be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
- be a U.S. citizen or resident alien with a U.S. address; and
- be physically located within the U.S. in a U.S. state in which participation in a Game and/or Tournament offered on the Site is unrestricted by law.
For persons NOT within the United States, to open an account and/or participate in any Game, Tournament and/or Club Tournament offered on the Site, you must:
- be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form; and
- not be physically located in a prohibited jurisdiction in which participation in a Game, Tournament and/or Club Tournament offered on the Site is restricted by law.
Conduct of Members
You are solely responsible for your interaction with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
We cannot be held responsible for the conduct of any Member; however, we do reserve the right to refuse use of the Services to any Member who partakes in any of the following inappropriate conduct:
- Attempting to induce a Member to leave a Game to play in another.
- Selling Credits for cash; or
- Needlessly stalling the action in a Game;
- Agreeing to take any action when there is another Member that is “all-in”;
- Collusion with another Member of any sort or any other form of cheating;
Members participating in Chats that, in the Company’s sole discretion, are deemed inappropriate or abusive, may have Chat privileges revoked temporarily or permanently. Such inappropriate behavior includes, but is not limited to:
- Verbally threatening any Member or employee or using profanity or obscene language;
- Making statements that could unfairly influence the action in a Game, Tournament or Club Tournament (e.g., telling a Member he has made the wrong hand);
- Chatting in any language other than English during Game, Tournament or Club Tournament play (trivial exceptions will be made);
- Begging other Members for Credits;
- Advertising websites or other commercial services;
- Typing words, characters or phrases that make it difficult for others to use the chat feature;
- Spamming events with announcements of private tournaments, sit ‘n go events or other items the Company deems inappropriate; or
- Coaching Members or suggesting how others should play.
When reporting a Member’s inappropriate behavior or reporting Game, Tournament or Club Tournament concerns to member services, Members should include identifying details such as table and hand numbers to indicate when and where the violation or problem took place.
The WSG System
The WSG system consists of the Site, the Software, the Application(s) and the WSG Store.
We reserve the right to withdraw or amend the Services, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including Members.
Store Items; Payments; Ownership
The Services allow Club Members to use Credits for the sole and exclusive purpose of redeeming such Credit in exchange for participation in Club Tournaments, WSG merchandise or services (“Store Items”) from the WSG Store. You may not use real money or any virtual currency in connection with the Services, including without limitation, to purchase any Store Items, and Credit shall not be purchased, sold, exchanged, gifted or transferred in anyway whatsoever other than by redemption in the WSG Store. When you redeem Credit in the WSG Store, you agree that we may begin to supply you with any Store Items you obtain in exchange for your redemption of Credits.
You agree that you have no ownership interest in your account or any Store Items associated with your account, regardless of whether you “earned” such Store Items. You agree that Store Items and Credits are for your personal, non-commercial entertainment purposes, have no independent value outside of the Services and may not be redeemed for any cash value.
The Software is a virtual referee that watches your Game and records and reports results to the Company.
Non-Club Members compete against each other to earn the highest ranking amongst each other, solely based on each non-Club Member’s performance in connection with their valid and authorized participation in non-Club Member sanctioned Games.
Club Members compete against each other to earn the highest ranking amongst each other and the Company will offer Credits to Club Members solely based on the Club Member’s performance in connection with their valid and authorized participation in Company-sanctioned Games.
Tournaments and Club Tournaments
Any non-Club Member may participate in a Tournament against other non-Club Members. You do not need to become a Club Member in order to participate in a non-Club Tournament.
Only Club Members may participate in a Club Tournament against other Club Members to compete for Credits, cash, merchandise or other prizes of value. To enter each Club Tournament, Club Members shall use the Credits allotted to them upon subscription to their respective Club Membership.
You acknowledge and agree that each Tournament or Club Tournament is a skill-based contest that measures your ability to play and manage risk against the skills of other Members and that you are not likely to profit from this entertainment endeavor.
The results of all Tournaments and Club Tournaments offered on the Site depend on the number of the Members participating in such Tournaments or Club Tournaments; therefore, the precise odds of winning are unavailable.
You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If we believe, in our sole discretion, that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
The Company reserves the right, in its sole discretion, to modify the Tournaments or Club Tournaments, kinds and types of games offered and the scheduling of all Tournaments or Club Tournaments.
If we, in our sole discretion, determine that operating the Club Tournaments, in whole or in part, is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests or insufficient participation in one or more of the Club Tournaments, then we may cancel or modify all or any of the Club Tournaments and we shall owe you nothing.
Event Registration and Entry
- As used herein, “WSG Event” or “Event” means any individual WSG live tournament event occurring at a Host Property; “Host Property” means a property located within a given state that has been properly licensed to operate such WSG Events during a specified time period.
- “Official Rules” means those certain rules for all WSG Events at a given Host Property, as detailed in the “Rules” menu available on the Site at https://wsg.golf/rules.
- Entry into a WSG Event is limited to any person 21 years of age and older (with proof of age) with an active Club Membership (each a “Participant”, and collectively the “Participants”). Complete requirements for all WSG Events can be found in the Official Rules, as well as each WSG Event registration sheet, available on the Site and/or the registration area at a Host Property (the “WSG Registration Area”). WSG reserves the right to refuse anyone entry into a WSG Event, in its sole and absolute discretion, at any time, including before or during the registration process or after a WSG Event has started.
- Participants may register for any scheduled WSG Event on the Site or in person at the WSG Registration Area at the Host Property. Credit card, cash and other methods permitted, as applicable, by WSG may be used to pay for entry into a WSG Event. Acceptable registration and payment methods are subject to change, and some registration or payment methods may be subject to additional fees.
- Participants are responsible for payment of any and all taxes, licenses, registrations and other fees associated with WSG Event registration.
- Participants must show a current, valid and unexpired picture identification acceptable to the Host Property at the WSG Registration Area. Contact the Host Property for a list of acceptable forms of identification.
- No Show Policy: Any Participant who does not appear in person at the Registration Area on the Host Party at a WSG Event start time will be considered a “no show.” Such Participants will not be eligible to participate in such Event and shall forfeit all entry fees paid.
- WSG Event times are approximate. WSG reserves the right to change WSG Event times in its sole and absolute discretion.
- WSG may cancel, modify, relocate or reschedule the WSG Event for any reason with prior notification to Participants.
- WSG is not responsible for electronic transmission errors or delays resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, hardware, software, or telephone failures of any kind, lost or unavailable connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by WSG, users, or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error that may occur in the processing of submissions, any of which may limit, restrict, or prevent a Participant’s ability to participate in the Event.
- If for any reason an Event is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, weather, or any other causes within or beyond the control of WSG that corrupt or affect the administration, security, fairness, integrity or proper conduct of the WSG Event, WSG reserves the right in its sole discretion to cancel, terminate, modify or suspend the WSG Event.Prizes and entries are non-transferable.
- Prizes and entries are non-transferable.
- Prize structures depend on the number of entrants and type of event. Please refer to the following sample prize structures for each WSG Event as a guide: WSG EVENTS PAYOUT STRUCTURE
- Prizes are paid out as posted. If a prize pool is posted and contains erroneous information, management reserves the right to correct the prize pool at any time during an event.
- Winners are responsible for payment of any and all taxes, licenses, registrations and other fees associated with Event prizes.
- Winners must show their current, valid and unexpired photo identification (passport, driver’s license, state identification card, or military identification card) acceptable to WSG in order to collect prizes. If a Participant is not a U.S. citizen, a current valid and unexpired photo identification passport, foreign government issued Driver’s License (must have a photograph, date of birth, and valid expiration date), consular identification, or alien registration card is required. If the current valid and unexpired photo identification does not include a physical address, a second form of ID that indicates physical address will be required, i.e. driver’s license, utility bill, credit card statement, etc.
- WSG reserves the right to cancel, change or modify the WSG Event at any time, for any reason, subject to all applicable regulatory approval (if required), provided that such modification shall not, as of the date of such modification, materially alter or change any Participant’s prize already awarded.
- All Participants must follow the Official Rules, which forbid any play or any action that is illegal, unethical or constitutes cheating or collusion in any form. Cheating is defined herein as any such act engaged in by a Participant to break the established rules of play to gain an advantage. Collusion is defined herein as any agreement between or among two (2) or more Participants to engage in illegal or unethical acts against other Participants.
- WSG will penalize any act that, in the sole and absolute discretion of WSG, is inconsistent with the Agreement or the Official Rules, or when such penalty is in the best interests of the Event.
- Anyone found to have engaged in or attempted to engage in any act that WSG believes in its sole and absolute discretion compromises or could compromise the WSG Event will be subject to sanctions imposed by WSG, which include but are not limited to ejection from the WSG Event, forfeiture of prize money or loss of privilege to participate in future WSG Events.
- Any attempt by any person to deliberately damage, corrupt or undermine the operation of the WSG Event may be a violation of criminal and civil laws. Should such an attempt be made, WSG reserves the right to seek damages from any such person to the fullest extent of the law.
- All decisions regarding the interpretation of the Official Rules, Participant eligibility, scheduling and staging of the Event, and penalties for misconduct lie solely with WSG, whose decisions are final.
- The Official Rules and any and all changes to the Official Rules or event descriptions for the WSG Events occurring at a Host Property will be available on the Site at https://wsg.golf/rules, the Registration Area at the Host Property and/or upon request. Please send such request to https://wsg.golf/contact.
- If a situation arises that is not covered by the Agreement or the Official Rules, WSG shall have the sole authority to render a judgment, including the imposition of a penalty, in accordance with the best interests of the WSG Event.
- Prior to entering and playing in the WSG Event, each Participant must execute a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (the “Release Agreement”), attached hereto as Annex A. Failure to do so may, at the option of WSG acting in its sole and absolute discretion, subject the Participant to immediate disqualification at any point during the Event. If the Participant is disqualified, he or she shall forfeit all entry fees paid and not be entitled to receive any WSG Event prize monies or any other prize.
The owner of the Site is formed under the laws of the State of Delaware in the United States. We make no claims that the Site or any of its content, services or products are accessible or appropriate outside of the United States. Access to the Site and the Services may not be legal by certain persons, in certain states or in certain countries (see Section 15 below). If you access the Site or Services from a restricted state or outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Residents of countries currently subject to United States embargo or on the United States list of state sponsors of terrorism are not permitted to access and/or use the Software. For a current list of countries currently subject to United States embargo or on the United States list of state sponsors of terrorism, go to: https://www.treasury.gov/resource-center/sanctions/programs/pages/programs.aspx and http://www.state.gov/j/ct/list/c14151.htm.
The rules governing Games and Club Tournaments with entry fees and/or prizes are set up by each individual state. Ineligible states include but may not be limited to (1) Arizona; (2) Arkansas; (3) Delaware; (4) Florida; (5) Louisiana; (6) Maryland; (7) South Carolina; and (8) Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If you participate in any Club Tournament offered on the Site while located in a prohibited state or country, you will be in violation of the local laws of such state or country and these Terms and Conditions, and you will NOT BE ELIGIBLE to claim any prizes won.
The following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors of the Site, its parent companies, subsidiaries, and affiliated companies; and any other person with access to non-public information regarding the operation of any tournament offered on the Site.
Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in a Tournament or Club Tournament in the applicable Jurisdiction, whichever is higher.
Company employees, officers, directors, and their immediate family members are not eligible to participate in any of the Club Tournaments which award cash, merchandise, Credits or other prizes of value. For purposes of the foregoing, “immediate family” means parents, grandparents, spouses, children, siblings or any members of the same households of such employees, officers, and directors.
Only eligible members may claim prizes. All prizes must be claimed within 180 days of the end of the month in which the prize is won. You may be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) to claim a prize. You may be required to send us a complete and legible W9 tax form or other required tax form (collectively, the “Tax Forms”) to claim a prize. Failure to make a prize claim, prove eligibility, sign and return all Prize Claim Documents and sign and return all Tax Forms within 180 days will give rise to the presumption that the member is ineligible and agrees to forfeiture of the prize.
We reserve the right to provide substitute prizes or cash value in the event that we or the vendor are unable to meet reasonable delivery requirements or in the event that a Club Tournament winner is located outside the continental United States.
Unless otherwise specified, prizes, whether cash or merchandise, when claimed by the winning Member, will be shipped within 30 days after WSG has confirmed the winner’s prize eligibility and processed the prize claim. All goods are shipped F.O.B. Origin, and accordingly we take no responsibility for any damage incurred during shipping. In certain specifically disclosed Club Tournaments, we may choose to bear the cost of shipping within the continental U.S.; however, we are under no obligation to do so.
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Site is responsible for defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer’s warranty, the merchandise is offered as is, and we are not responsible for any defects, use or misuse or repairs. We make no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
Prizes involving travel and tourism will be from a specified list of cities. Any Member who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. We are not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor are we responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.
By accepting any prize from the Site, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as we may require for this purpose. If requested, prize winners agree to wear our branded clothing for the duration of any applicable TV events and tournament or any other part of a tournament or promotion that is recorded for television.
Company Authority; Termination
The Company maintains authority over issuance, maintenance and termination of accounts authorized to use the Services. The decisions of the Company regarding any aspect of your account, use of the Services or dispute resolution are final and shall not be subject to review or appeal. If you breach any provision contained herein, in whole or in part, the Company reserves the right to take such action as it sees fit, including termination of this Agreement or any other agreement in place with you, immediately blocking your access to the Service, terminating your account, seizing all Credit held in your account or taking appropriate legal action against you, including without limitation, for any illegal or unauthorized use of the Services.
The Company has the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
The Company reserves the right to suspend, discontinue, modify, remove or add to the Services in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, and we are not liable in any way whatsoever for any loss suffered as a consequence of any decision made by the Company in this regard.
Your Representations and Warranties
Prior to your use of the Services, you represent, warrant, covenant and agree as follows:
- You are a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
- Your use of the Services is at your sole option and discretion.
- In order to comply with regulatory requirements, we may ask you to provide (i) certain personal details about yourself if you win Credits and redeem them for Store Items, and (ii) location and other data that may be required to confirm the validity of your account. You hereby consent to allow us (or third parties acting on our behalf) to access and use such data for the purposes outlined in this Agreement.
- The telecommunications networks and Internet access required for you to access and use the Services are entirely beyond the control of WSG, and the Company shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the Service.
- You will not (i) use the Services in any manner that could disable, overburden, damage, or impair the Site or Software or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; (ii) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Site or Software; (iii) use any manual process to monitor or copy any of the material on the Site or Software or for any other unauthorized purpose without our prior written consent; (iv) use any device, software or routine that interferes with the proper working of the Services; (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers on which the Site and Software are stored, or any server, computer or database connected to the Site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (viii) otherwise attempt to interfere with the proper working of the Services.
You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States and/or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Software, or which, as determined by us, may harm the Company or users of the Software or expose them to liability;
- To collude with any person, or cheat in any way (including, but not limited to, creating and using multiple accounts and using third-party programs) for the purpose of achieving an advantage in playing on the Service. Any such collusion or cheating may be considered a material breach of this Agreement;
- In conjunction with or utilizing automated players (bots) or external assistance programs of any kind.
- For any commercial purpose whatsoever, including the sale, assignment, sublicense, transfer, distribution or lease of the Client; and
- Make the Software available to any third party through a computer network or otherwise.
You agree to fully defend, indemnify and hold harmless WSG, its affiliates, licensors and service providers, and its and their respective, shareholders, directors, officers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, demands, liabilities, damages, judgments, losses, costs, expenses and fees, including reasonable legal fees and any other charges whatsoever, howsoever caused, to the fullest extent permitted under applicable law, that arise out of or relate to:
- your violation or breach of this Agreement, in whole or in part;
- your use of the Services, including any of the Site’s content, services and products other than as expressly authorized in this Agreement;
- your use of any information obtained from the Site or Software;
- violation by you of any law or any third-party rights; and
- use by any other person accessing the Services using your Login Credentials, whether with or without your authorization.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE OR SOFTWARE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SOFTWARE IS AT YOUR OWN RISK. THE SITE OR SOFTWARE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR SOFTWARE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR CLIENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL WSG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SOFTWARE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR THE “SERVICES”, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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 OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Security and Your Account
Your account is accessible through the use of a combination of a unique ID (“WSG ID”) and a unique and confidential password (“Password,” and together with the WSG ID, the “Login Credentials”).
You agree that you are solely responsible for all use of the Services under your Login Credentials and that you will not disclose the Login Credentials to any person whatsoever, nor permit another person to use the Services via your account.
You agree to keep your Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be your sole and exclusive responsibility and shall be deemed as your use. Any liability therefrom shall be yours.
You may only have one account. In the event we become aware of additional accounts opened by you, we may close such additional accounts without notice, may confiscate Credits held in such additional accounts and may suspend or revoke this Agreement.
You acknowledge and agree that your Member account remains active provided that you log into your account and play at least once a month. In the event that your account is inactive, the Company will send you an e-mail notifying you of your inactivity and remind you to play to remain active. As a Club Member, any Credits in your account will be held in suspense for a 6-month period following the date of your last activity. Once 6 months have passed since your last activity, your Credits will be removed from your account and your account will be considered dormant.
Links from the Site
If the Site or Software contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site or Software, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company reserves the right to revise, update or modify this Agreement and the content on the Site or any part hereof or thereof at any time without notice, in WSG’s sole discretion, and you will be bound by such revisions, updates or modifications effective immediately upon the posting of such revision, update or modification. You acknowledge that any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Your continued use of the Services shall be deemed your agreement to any revisions, updates or modifications to this Agreement or the Site. Therefore, we encourage you to visit the Site regularly and check this Agreement.
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed and construed in accordance with the laws of the United States of America and the State of New York without giving effect to any choice or conflict of law provision or rule. You irrevocably agree that the courts of the United States of America and the State of New York shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement. You irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of the Company to undertake proceedings against you in any other court of competent jurisdiction, nor shall the undertaking of proceedings in any one or more jurisdictions preclude the undertaking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
The Company reserves the right to assign this Agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.
Your Comments and Concerns
All notices of copyright infringement claims or privacy claims relating to the Site should be directed to: firstname.lastname@example.org. Any other feedback, comments, or requests for technical support and other communications relating to the Site should be directed to: email@example.com.
Date of last revision: June 4, 2019
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to compete or participate in any way in the World Series of Golf (“WSG”) live event, held on ______________, 20___ at _________________________ and any related events (collectively the “Event”), on behalf of myself, my personal representatives, heirs and next of kin, I hereby:
- Represent that I have read the Event rules and regulations and further agree to exercise reasonable care, observe and obey all Event rules and regulations, including following all instructions of Event organizers and rules officials.
- Acknowledge, agree and represent that I have or will immediately upon entering any Event premises, including any restricted area (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), and will continuously thereafter, inspect the Event premises that I enter and I further agree and warrant that, if at any time, I am in or about Event premises and I feel anything to be unsafe, I will immediately advise the officials of such and will leave the Event premises and/or refuse to participate further in the Event.
- RELEASE, WAIVE, DISCHARGE FROM ALL LIABILITY, AND COVENANT NOT TO SUE WSG, the sponsors, Event managers, host venues, rules officials, participants, sanctioning organizations or any subdivision thereof, and any of their respective affiliates, officers, directors, employees, volunteers, agents, representatives, and lessees of premises used to conduct the Event (all for the purposes herein referred to as “RELEASEES”) FROM ANY AND ALL LOSS, INJURY, ILLNESS, CAUASES OF ACTION, DAMAGE, CLAIM, LIABILITY OR EXPENSE (collectively “CLAIMS”) THAT MIGHT ARISE ON ACCOUNT OF INJURY TO ANY PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING IN WHOLE OR IN PART OUT OF OR RELATED TO THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, including in connection with the condition of the property, facilities or equipment used for the Event, regardless of when such Claim may arise.
- AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST that they may incur arising in whole or in part out of or related to my negligence or misconduct.
- ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising in whole or in part out of or related to the Event, whether caused by the NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I understand it is my responsibility to obtain any insurance needed to cover personal injury, death, property damage or any Claims that may arise from my participation in the Event.
- Agree that this Release and Waiver of Liability Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the RELEASEES, and is intended to be as broad and inclusive as is permitted by the laws of the Country, Province, State or other government entity or agency in which the Event is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- Acknowledge that WSG reserves the right to: (i) prohibit the use of any and all labeled apparel or equipment and (ii) require individuals participating in the Event to display any and all apparel or equipment at its own discretion.
- Give permission to WSG to record and photograph my participation in the Event. I specifically grant my consent to WSG to use my, name, likeness, voice, live or recorded performance, video or film portrayals, photographs, biographical information, and image (“Likeness”) in all forms of media, including, but not limited to, television, radio, film, Internet, and print materials for the purposes of advertising, broadcasting and promoting WSG in connection with the Event, and publicity, advertising and promotion for the Event and future editions of the Event. I waive any right that I may have to inspect or approve any finished product that may be used in connection with the Event. I assign to WSG all rights I may have to my Likeness that have been captured in connection with the Event. I consent to appear in broadcasts or the Event in perpetuity. I further acknowledge that WSG is the sole owner of any advertising, broadcasting and promotional materials created hereunder, and that I have no right, title or interest in any such materials.
This RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“Consent”) is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Any provisions found to be void or unenforceable shall be modified to the minimum extent necessary to make them enforceable, or if such modification is not possible, then severed from this Consent, and not affect the validity or enforceability of any other provisions.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, I FULLY UNDERSTAND ITS TERMS, AND I RECOGNIZE THAT I HAVE GIVEN UP RIGHTS BY SIGNING IT, IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT. I SIGN IT FREELY, VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR DURESS.
Signature: ____________________________ Date: __________________
Print Name: ___________________________