Please read the Terms of Use Agreement ("Terms of Use")
described below and Go Fish Card Privacy Policy carefully
before using any Go Fish Card Site. Your access to and use
of any Go Fish Card Site is subject to these Terms of Use
and all applicable laws. By using or visiting any Go Fish
Card Site, you agree to be bound by the Terms of Use. If you
do not agree to the Terms of Use, please do not use any Go Fish
Card Site.
The Terms of Use may be modified or amended,
or new conditions may be imposed, at any time. Any such changes
or additions will be reflected by an update of this posting.
Please check the Terms of Use periodically for such changes.
Your continued use of a Go Fish Card Site following the posting of
changes to these terms will mean you accept those changes.
The Go Fish Card reserves the right to impose limits on certain features
and services or restrict your access to parts or the entirety
of any Go Fish Card Site without notice or liability at any time for
any reason or purpose, including but not limited to, conduct
that the Go Fish Card believes violates the Terms of Use or other
policies or guidelines posted on a Go Fish Card Site. Upon any termination
of these Terms of Use, you will immediately discontinue your
use and access of all Go Fish Card Sites and destroy all materials
that may have been obtained from any Go Fish Card Site
Use Of Materials On Go Fish Card Sites
The Go Fish Card Sites include content and materials
including text, video, Webcasts, audio, photos, images, scoring
information, trademarks, logos and other intellectual property
and proprietary materials which are either owned by, or otherwise
made available to the Go Fish Card. Except as provided in these Terms
of Use, no content or materials may be reproduced, republished,
uploaded, posted, transmitted, reproduced, distributed, copied,
publicly displayed or otherwise used, without written permission
of the Go Fish Card.
The Go Fish Card maintains the Go Fish Card Sites for
your personal information, education, communication and entertainment.
Subject to these Terms of Use, please feel free to browse
the Go Fish Card Sites. You may download materials displayed on a
Go Fish Card Site to any single computer only for your 1) personal
and noncommercial use and/or 2) legitimate nonprofit educational
uses, provided you also retain all copyright and other proprietary
notices contained on the materials. Except as set forth above,
you may not, distribute, reproduce, republish, display, modify,
transmit, reuse or use any materials from a Go Fish Card Site on any
other website or otherwise without the written permission
of the Go Fish Card. Modification of any materials displayed on a
Go Fish Card Site is a violation of the Go Fish Card's copyright and other
proprietary rights and is strictly prohibited.
Unless otherwise noted, all trademarks
and logos found on Go Fish Card sites are either owned by or licensed
to the Go Fish Card. They may not be used without the express written
permission of the Go Fish Card.
Images of people or places displayed
on Go Fish Card Sites are either the property of or used with permission
by the Go Fish Card. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted
by these Terms of Use or specific permission permitted elsewhere
on a Go Fish Card Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes, regardless of
whether any such use is with the Go Fish Card's permission. The Go Fish Card
neither warrants nor represents that your use of materials
displayed on any Go Fish Card Site will not infringe rights of third
parties.
"Public Forum" means an area,
site or feature offered as part of a Go Fish Card Site that
enables users or visitors to such Site to submit, post, display
and/or view submissions and/or to communicate, share or exchange
submissions with other users of a Go Fish Card Site and members
of the general public, including, without limitation, a page
where you can submit comments on various blogs, articles and
posts.
You acknowledge that anything you submit
to a Go Fish Card Site by way of any Public Forum may be routed through
our servers, the servers of one or more third parties on our
behalf and the Internet, and may be viewed on the Internet
by the general public and that you have no expectation of
privacy with regard to any such submission. You acknowledge
that Public Forums and features offered therein are for public
and not private communications. Please keep in mind that whenever
you give out personal information online through a Public
Forum, that information can be collected and used by people
you don’t know. We cannot guarantee the security of
any information you disclose through any of these media; you
make such disclosure at your own risk.
You are and shall remain solely responsible
for the submissions submitted and/or posted under your username
or otherwise by you in any Public Forum and for the consequences
of submitting and posting same. You acknowledge that the use
of submissions posted in any Public Forum is at your own risk.
You further acknowledge that we are not responsible for, and
we do not endorse, the opinions, advice or recommendations
posted or sent by users in any Public Forum and we specifically
disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse
to post, remove or edit submissions at any time and for any
or no reason in our absolute and sole discretion without prior
notice, although we have no duty to do so or to monitor any
Public Forum. If we elect to screen submissions, there may
be a delay in the posting of such content in a Public Forum
to allow for a review process. If we have questions about
your submissions including, without limitation, the copyright,
we may contact you for further information including, for
example, verifying that you own the copyright or otherwise
obtained permission to post the material. We are not responsible
for the accuracy of any submissions contained in a Public
Forum. By posting any submission to the Public Forum, you
hereby grant a non-exclusive, fully paid and royalty-free,
worldwide license to the Go Fish Card to use, copy, sublicense, adapt,
transmit, distribute, publicly perform, publicly display,
modify and translate such submission. By posting any submission
to the Public Forum, you represent and warrant that your submission
does not violate the privacy rights, publicity rights, copyright
rights, intellectual property rights, or any other rights
of any person and that such posting of any submission does
not breach any contract between you and a third party.
Your use of any Go Fish Card Site must be in
a manner consistent with any and all applicable laws and regulations.
The following is a partial list of the type of submission
that is illegal or prohibited on a Go Fish Card Site:
1. is obscene, patently offensive, or
promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
2. harasses or advocates harassment of another person or impersonates
another person;
3. contains nudity, violence, or offensive subject matter;
4. involves the transmission of "junk mail" or "chain
letters" or unsolicited mass mailing;
5. promotes information that you know is false or misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last
names, URLs or email addresses;
9. violates the copyright, trademark or other intellectual
property rights of any other person;
10. furthers or promotes any criminal activity or enterprise
or provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information
for commercial or unlawful purposes from other users; or
12. involves commercial activities and/or sales without our
prior written consent such as contest, sweepstakes, solicitation
of donations, barter, advertising or pyramid schemes.
Games
Any and all games and their components
are offered for informational and/or entertainment purposes
only and may not be used in connection with any form of gambling
or wagering. The Go Fish Card has the right to modify or discontinue,
temporarily or permanently, any game, whether in whole or
in part, for any reason, without prior notice.
Linking And Framing
The following restrictions apply to all
links to all Go Fish Card Sites from any on-line, cable or wireless
or other site, service or browser:
Neither the Go Fish Card logo nor any other logo
or service mark of the Go Fish Card may be used to link to any Go Fish Card
Site, to any web page within a Go Fish Card Site, or to any website
accessible from a Go Fish Card Site, without the express written permission
of the Go Fish Card.
Sites, services or browsers other than
commercial sites may link to Go Fish Card without the written
permission of the Go Fish Card if such link is: (i) a "word"
(as opposed to a logo) link, and is (ii) spatially separated
from, and not otherwise associated with, any sponsorship,
advertising, or other commercial text or graphics that may
be on the page and/or area containing such word or link. Please
notify the Go Fish Card at admin@GoFishcard.co.za if you are
linking to any Go Fish Card Site and include information regarding
the name of your website and the name of your website operator
(if different than the website owner).
You may request permission to use one
or more of the Go Fish Card's "hyperlink logos"
in connection with providing a hyperlink to the front page
of a Go Fish Card Site. The hyperlink logos include and incorporate
the Go Fish Card logo, the Go Fish Card Site-specific logo
and the text "Official Website." The Go Fish Card's
"hyperlink logos" are the only logos the Go Fish
Card permits unaffiliated and non-news third parties to display
on the Internet. Permission is granted subject to certain
terms and conditions.
Any permitted link to a Go Fish Card
Site must be to the Site's home page. Except for limited circumstances,
links to internal pages within a Go Fish Card Site (e.g.,
a link to the Rules of Golf Web page within www.GoFishCard.co.za),
other than to the home page of a Go Fish Card Site, are not
permitted.
No Site may be "framed" by
any other website, without exception.
The posting or creation of a link to
any Go Fish Card Site signifies that you have read the restrictions
described herein and agree to abide by their terms.
Links To Third Party Sites
Go Fish Card Sites may include hyperlinks to
websites operated by third parties other than the Go Fish Card. The
Go Fish Card does not control any such websites, and is not responsible
for their content, privacy policies, or for the collection,
use or disclosure of any information those sites may collect.
Links to and from any Go Fish Card Site to sites maintained by third
parties do not constitute an endorsement by the Go Fish Card of any
third party site, content, or such site's product or services.
Copyright Notice: No portion of the content
of any of the publications contained in the Handicapping section
may be used without the express written permission of the
Go Fish Card. You may download publications displayed in this
section to any single computer only for your 1) personal and
noncommercial use and/or 2) legitimate nonprofit educational
uses, provided you also retain all copyright and other proprietary
notices contained on the materials. Except as set forth above,
you may not, distribute, reproduce, republish, display, modify,
transmit, reuse or use any publications displayed in this
section on any other Web site or otherwise without the written
permission of the Go Fish Card. Any reproduction (for purposes
other than those noted above), modification, distribution
or republication of materials contained on this Web site,
without prior written permission of the Go Fish Card, is strictly
prohibited. The grant of this license is conditional upon
your agreement to and compliance with these Terms of Use.
Disclaimer of Warranties
While the Go Fish Card uses reasonable efforts
to include accurate and up to date information on its Sites,
it makes no warranties or representations as to such accuracy.
The Go Fish Card assumes no liability or responsibility for any errors
or omissions in the content of any Go Fish Card Site. Further, the
Go Fish Card does not warrant or represent that the information contained
on any Go Fish Card Site will be uninterrupted or free of errors and/or
viruses. You specifically acknowledge that the Go Fish Card is not
liable for the defamatory, offensive or illegal conduct of
other users of any Go Fish Card Site and that the risk of injury from
the foregoing rests entirely with you. You use the Go Fish Card Sites
at your sole risk.
The Go Fish Card makes no representation that
the materials contained in any Go Fish Card Site are appropriate or
authorized for use in all countries, states, provinces, county
or any other jurisdictions. If you choose to access a Go Fish Card
Site, you do so on your own initiative and risk and are responsible
for compliance with all applicable laws.
Limitation On Liability
In no event shall the Go Fish Card be liable
for any direct, indirect, special, punitive, or consequential
damages (including lost profits) that arise out of or in connection
with any failure of performance, errors, inaccuracies, omissions,
defects, untimeliness, interruption, deletion, delay in operation
or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration
of, or use of record, or unauthenticity of any content in
a Go Fish Card Site, or the use or inability to use a Go Fish Card Site or
any content therein.
Indemnification
You hereby agree to indemnify and hold
the Go Fish Card harmless from all claims, liabilities, damages and
expenses (including attorneys' fees and court costs) arising
out of or relating to: (i) your use of any Go Fish Card Site, including
any content from any Go Fish Card Site, (ii) the Go Fish Card's Online Catalog;
and (iii) any breach or alleged breach of these Terms of Use.
Choice of Law
These Terms of Use and any disputes relating
to these Terms of Use or any Go Fish Card Site will be governed by
the laws of the United States of America, the State of New
Jersey, and the Federal Arbitration Act for arbitration purposes.
DISPUTES. For disputes involving the
unauthorized use of any proprietary material contained on
any Go Fish Card Site, the Go Fish Card shall have the option and right to
seek preliminary and permanent injunctive relief, and/or any
other relief which is available to it, in any federal or state
court of New Jersey, the jurisdiction of which you expressly
and irrevocably give your consent. All other disputes relating
to these Terms of Use shall be resolved by arbitration under
the auspices of the American Arbitration Association ("AAA")
in accordance with its Commercial Arbitration Rules. The arbitration
shall be held in New Jersey unless otherwise agreed by the
parties. The decision of the arbitrators shall be final and
binding upon the parties and be entitled to be entered as
a judgment in any court of competent jurisdiction.
Miscellaneous
These Terms of Use constitute the entire
agreement between you and the Go Fish Card, and supersedes all prior
and contemporaneous written or oral agreements, proposals
or communications with respect to the subject matter herein
between you and the Go Fish Card. If any provision of these Terms
of Use is held by a court of competent jurisdiction to be
unlawful, void, invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
Disclaimer
Due to rapid changes in internet
technology, this policy may be updated periodically. All revisions
will be posted to this site, and will apply to all data collected
by the Go Fish Card before and after the revised policy's
effective date.
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