The Birdie Bag Golf Club
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These terms andconditions, together with our Privacy Policy govern your use of birdiebag.golf("Birdie Bag"). By using this web site (collectively called the"Service"), you consent and agree to these terms and conditions.
Disclaimer; No Warranty
Birdie Bag makes no representations or warranties as to the accuracy of theContent. Birdie Bag is not liable for omissions or typographical errorscontained in the Content. You acknowledge that any reliance upon any Contentshall be at your own risk. If a party for whom Content has been publisheddiscovers an error or omission in the Content, it is that party's obligation tonotify Birdie Bag of the error or omission; however, Birdie Bag does notwarrant that such error or omission will be corrected.
Birdie Bag and the blogs,articles, comments, answers, questions, and other features therein are forinformational purposes only and provided "as is" without warranties,representations, or guarantees of any kind. Content on Birdie Bag should neverbe used as a substitute for advice from a qualified professional. Birdie Bagshall not be liable for the accuracy, usefulness or availability of any BirdieBag content, and you agree to hold Birdie Bag harmless from any loss, harm,injury or damage resulting from or arising out of your use of or reliance onany Birdie Bag content.
Birdie Bag and itsaffiliates, and their respective members, directors, officers, managers,employees, shareholders, agents and licensors are not liable for incidental,indirect, consequential, special, punitive, or exemplary damages of any kind,including, without limitation, lost revenues or profits, loss of business orloss of data, in any way related to this Service or for any claim, loss orinjury based on errors, omissions, interruptions or other inaccuracies in thisService (including, without limitation, as a result of breach of any warrantyor other term of this Agreement). Any claim against us shall be limited to theamount you paid, if any, for use of this Service.
All transactions madebased on information from the Service are solely between you and the Vendor.Your sole rights and remedies shall be against the Vendor. By using theService, you acknowledge and agree that Birdie Bag has no liability for anycost, damage, or harm, directly or indirectly, in connection with the delivery,failure to deliver, performance, quality, or any other aspect of any productsor services ordered or attempted to be ordered via information from theService.
You agree to indemnify,defend, and hold harmless Birdie Bag and any of its officers, owners, agents,employees, affiliates, licensors, and licensees from and against any and allliability and costs, including, without limitation, regulatory penalties,attorneys' fees, and costs incurred in connection with any claim arising our ofyour use of the Service or any breach by you of these Terms and Conditions. BirdieBag reserves the right to assume the exclusive defense and control of anymatter otherwise subject to indemnification by you, and you shall not in anyevent settle any matter related hereto without the written consent of BirdieBag.
Birdie Bag shall not beliable for any direct, indirect, incidental, special, or consequential damagesarising out of the use or inability to use the Service. Birdie Bag does notwarrant that the Service will be uninterrupted, error free, or virus free; nordoes Birdie Bag make any warranty as to the results to be obtained from use ofthe Service or its Content. The Service and its Content are distributed on an"as is, as available" basis. Birdie Bag MAKES NO WARRANTIES OF ANYKIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT. Some states do not allow exclusion of implied warranties orlimitation of liability for incidental or consequential damages, so the abovelimitations or exclusions may or may not apply to you. In such states, theliability of Birdie Bag shall be limited to the greatest extent permitted bylaw. You expressly agree that the entire risk as to the quality and performanceof the Service and the accuracy or completeness of the content is assumedsolely by you.
Copyright
Birdie Bag, , "Birdie Bag" the name and its Services areprotected by Copyright as a collective work and/or compilation. Information,compilations of information, graphics and other material ("Content")of the Service is copyright © Birdie Bag. Unless otherwise explicitly stated byBirdie Bag, you may copy the Content only for your own personal use, providedthat you maintain all copyrights and other notices that are contained in theContent, but you may not otherwise download or store Content. Except as allowedby copyright laws, no copying, storage, publication, or redistribution of anyContent is permitted without the express written permission of Birdie Bag.
This Service (including,without limitation, text, photographs, graphics, video and audio content) isprotected by copyright as a collective work or compilation under the copyrightlaws of the United States and other countries, and Birdie Bag (subject to therights of its licensors and licensees under applicable agreements,understandings and arrangements) has rights therein. All individual articles,videos, content and other elements comprising this Service are also copyrightedworks, and Birdie Bag (subject to the rights of its licensors and licenseesunder applicable agreements, understandings and arrangements) has rightstherein. You must abide by all additional copyright notices or restrictionscontained in this Service.
Community Areas
By posting or submitting content on or to the Service (regardless of the formor medium with respect to such content, whether text, videos, photographs,audio or otherwise), you are giving Birdie Bag, and its affiliates, agents andthird party contractors the right to display or publish such content on theService and its affiliated publications (either in the form submitted or in theform of a derivative or adapted work such as a print publication), to storesuch content, and to distribute such content and use such content forpromotional and marketing purposes. You agree that you will not: (i) submitmaterial that is copyrighted, protected by trade secret or otherwise subject tothird party proprietary rights, including privacy and publicity rights, unlessyou are the owner of such rights or have permission from their rightful ownerto post the material and to grant Birdie Bag all of the rights granted herein;(ii) publish falsehoods or misrepresentations that could damage Birdie Bag orany third party; (iii) submit material that is unlawful, obscene, defamatory,libelous, threatening, pornographic, harassing, hateful, racially or ethnicallyoffensive, or encourages conduct that would be considered a criminal offense,give rise to civil liability, violate any law, or is otherwise inappropriate;or (iv) post advertisements or solicitations of business.
The Community Areas of BirdieBag shall be used for lawful purposes only. No material shall be posted on ortransmitted through the Community Areas which violates or infringes in any wayupon the rights of others, which is unlawful, threatening, abusive, defamatory,invasive of privacy or publicity rights, vulgar, obscene, profane, indecent orotherwise objectionable, which encourages conduct that would constitute acriminal offense, gives rise to civil liability or otherwise violates any law.No conduct shall be undertaken that, in the Company's judgment, restricts orinhibits any other user from using or enjoying the Community Areas. Advertisingor commercial solicitation may be posted on or transmitted through theCommunity Areas but only with the Company's express prior approval and only ifthe advertising or commercial solicitation complies with all conditions imposedby the Company.
You shall not upload, postor otherwise make available on the Community Areas any material protected bycopyright, trademark or other proprietary right without the express permissionof the owner of the copyright, trademark or other proprietary right. You areresponsible for determining that such material is not protected by copyright,trademark or other proprietary right. You shall be solely liable for anydamages resulting from any infringement of copyright, trademark or otherproprietary right, or any other harm resulting from any uploading, posting orsubmission. You hereby grant to Birdie Bag, and their respective affiliatesworldwide, royalty-free, perpetual, irrevocable, non-exclusive right andlicense to use, reproduce, modify, adapt, publish, translate, create derivativeworks from, distribute, perform and display any message posted on Birdie Bagand/or any e-mail sent by you to Birdie Bag or Birdie Bag (in whole or in part)and/or to incorporate it in other works in any form, media or technology nowknown or later developed.
You may not (i) select oruse a member name or e-mail address of another person with the intention ofimpersonating that person; (ii) use a member name or e-mail address of anyoneelse without authorization; (iii) use a member name in violation of the intellectualproperty rights of any person; or (iv) use a member name that Birdie Bagconsiders to be offensive. You shall provide Birdie Bag with accurate, completeand updated information provided by you at the time of registration. You shallnot engage in any activity that is contrary to or which would adversely affectthe purpose or intention of Birdie Bag or Birdie Bag, including but not limitedto, actually or attempting to manipulate, corrupt or otherwise affect theoutcome of the Birdie Bag's services, in whole or in part, by, among othermethods, registering multiple accounts under the same or different names.
Correspondence receivedand Communication
Birdie Bag reserves the right to use as it sees fit any and all information orcorrespondence sent to it or its current or future Services via email, letters,phone, or any electronic or other means of communication. You acknowledge thatany communication with or transmission to Birdie Bag may be intercepted or readby others and is not confidential. No fiduciary relationship exists between youand Birdie Bag.
You represent, warrant,and covenant that you shall not upload, post, distribute or transmit through BirdieBag any information that (i) restricts or inhibits any other user from using orenjoying Birdie Bag, (ii) in Birdie Bag's discretion is unlawful, threatening,abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,profane, or indecent, (iii) constitutes or encourages conduct that wouldconstitute a criminal offense, give rise to civil liability or violate the law,(iv) violates, plagiarizes, or infringes on the rights of third parties, (v)contains a computer virus or other harmful component, or (vi) constitutes orcontains false or misleading indications of origin or statements of fact.
External sites
Birdie Bag is not responsible for the availability of, or the content locatedon or through, any external site referenced on its Services or in itscommunications. You should contact the site administrator of those externalsites if you have any concerns regarding the content located on them. Links toand from Birdie Bag and its sites do not constitute an endorsement by BirdieBag of any third party products or services.
Modifications
Birdie Bag may change, suspend or discontinue all or any aspect of the Serviceat any time, including the availability of any database, feature, or content,without prior notice or liability. Birdie Bag reserves the right, at itsdiscretion, to change or modify all or any part of these Terms and Conditionsat any time. Please review these Terms and Conditions from time to time toensure that you are aware of any changes.
Birdie Bag Supply ProductDisclaimer & Release of Liability
Certain of the products available through our website may come with a risk ofinjury. Birdie Bag does not advocate or recommend using the products availablethrough our website in any way that may cause harm to yourself or to others. Ifyou or any of your associates choose to so use any of the products, you do sowith the understanding that Birdie Bag will not be liable to you norresponsible for your use thereof or the results of such use. All items andproducts should be used with appropriate care and caution, and in strictaccordance with the direction of the manufacturer and/or producer of such product.