All information, documents, products, software, games and services provided on this Site, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the "Materials") are provided to you by Splashie or Splashie's licensors or partner entities, as applicable. Splashie grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the Splashie copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. A subcategory of the Materials is software ("Software") and in addition to the license grant set forth above in this section, Splashie grants you the limited right to access and cache the Software solely for your noncommercial use in connection with your participation in the Site. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

You acknowledge and agree that that in the course of providing this Site, Splashie will, without providing notice, be making ongoing modifications and improvements to the Software from time to time in the course of the operation and development of the Site. Such changes may affect the performance and interaction of individual components, contests, tournaments and challenges available on the Site.

 

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Splashie. You agree that you shall not, under any circumstances: (i) exploit the games or any of its parts, including without limitation the Software, for any commercial purpose  (ii) host, provide or develop matchmaking services for the game or intercept, emulate or redirect the communication protocols used by Splashie in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or (iii) extract content or data from the Site through data mining, robots, scraping or similar data gathering or extraction methods.

Splashie is a service that allows Members to create unique personal profiles online in order to find and communicate with Golfers from all over the world, to have their rounds of golf ranked, and to enter golf tournaments where they compete with golfers of roughly similar skills. The services offered by Splashie, Inc. include the Splashie.com website and any other features, content, or applications offered from time to time by Splashie in connection with the Splashie Website (collectively,  "Splashie"). Splashie is hosted in Los Angeles, CA.

 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Splashie. By using Splashie, you agree to be bound by this Agreement; whether you are a "Visitor" (meaning that you simply browse the Splashie Website) or you are a "Member" (meaning that you have registered with Splashie.com). The term "User" refers to both Visitors and Members. You are only authorized to use Splashie (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Splashie Website and discontinue use of Splashie immediately. If you wish to become a Member, communicate with other Members and make use of the Splashie Services, you must read this Agreement and indicate your acceptance during the Registration process.

 

This Agreement includes Splashie’s policy for acceptable use of the Splashie Services and content posted on the Splashie Website, your rights, obligations and restrictions regarding your use of the Splashie Services and Splashie’s Privacy Policy. In order to participate in certain Splashie Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Splashie Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

 

Splashie may modify this Agreement from time to time and such modification shall be effective upon posting by Splashie on the Splashie Website. You agree to be bound to any changes to this Agreement when you use the Splashie Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on the Splashie website and that you provide to other Users. Your Splashie profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Splashie Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Splashie assumes no responsibility or liability for this material. If you become aware of misuse of the Splashie Services by any person, please contact Splashie at admin@splashie.com.

 

Splashie reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Splashie Services at any time, for any or no reason, with or without prior notice, and without liability.

Use of and Membership in the Splashie Services is void where prohibited. By using the Splashie Services, you represent and warrant that:

1.    All registration information you submit is truthful and accurate.

2.    You will maintain the accuracy of such information.

3.    Your use of the Splashie Services does not violate any applicable law or regulation.

  

This Agreement shall remain in full force and effect while you use the Splashie Services or are a Member. Splashie may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

 

When you sign up to become a Member, you will also be asked to choose a login and password. You are entirely responsible for maintaining the confidentiality of your login and password. You agree not to use the login or password of another Member at any time or to disclose your login or password to any third party. You agree to notify Splashie immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

Splashie and Golf Leagues and Tournaments are for entertainment purposes only and may not be used in connection with any form of gambling or wagering.

 

 

 

 

 

 

 

 

 

 

 

 

 

The Splashie Website and the Splashie Services contain or include a variety of text, files, images, photos, video, sounds, musical works, works of authorship, and other, similar materials (collectively, "Content"). By displaying or posting Content on or through the Splashie Website, hereby grant to Splashie a perpetual, exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content for any and all commercial uses as Splashie may deem appropriate.

The license you grant to Splashie is perpetual (it lasts forever), exclusive (meaning you may not license use of the Content to anyone else and may not use, modify, display, reproduce or distribute it yourself for anything other than personal, noncommercial purposes), fully-paid and royalty-free (meaning that Splashie is not required to pay you for the use of the Content), sublicensable (so that Splashie may grant its rights to the Content to others)) and worldwide.

You own the Content posted by you on or through the Splashie Services or otherwise have the right to grant the license set forth in this section. The posting of your Content on or through the Splashie Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Splashie Services.

 

The Splashie Services include Content created or posted by Splashie ("Splashie Content"). The Splashie Content is protected by copyright, trademark, patent, trade secret and other laws, and Splashie owns and retains all rights in the Splashie Content and the Splashie Services. Splashie hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Splashie Content (excluding any software code) and Content submitted by others solely for your personal use in connection with viewing the Splashie Website and using the Splashie Services. Except as expressly permitted, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content.

 

Splashie may delete any Content that in the sole judgment of Splashie violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Splashie assumes no responsibility for monitoring the Splashie Services for inappropriate Content or conduct. If at any time Splashie chooses, in its sole discretion, to monitor the Splashie Services, Splashie nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

 

You are solely responsible for the Content that you post on or through any of the Splashie Services, and any material or information that you transmit to other Members and for your interactions with other Users. Splashie does not endorse and has no control over the Content posted by Users. Content is not necessarily reviewed by Splashie prior to posting and does not necessarily reflect the opinions or policies of Splashie. Splashie makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that Users transmit to other Users.

 

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Splashie Services. Splashie reserves the right to investigate and take appropriate legal action against anyone who, in Splashie’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Splashie Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Splashie:

· is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual

· harasses or advocates harassment of another person

· exploits people in a sexual or violent manner

· contains nudity, violence, or offensive subject matter or contains a link to an adult website

· solicits personal information from anyone under 18

· provides any telephone numbers, street addresses, last names, email addresses

· promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene,  defamatory or libelous

·promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files

· involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming"

· contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)

· furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses

· solicits passwords or personal identifying information for commercial or unlawful purposes from other Users

· involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes

· includes a photograph of another person that you have posted without that person’s consent

 

The following is a partial list of the kind of activity that is illegal or prohibited on the Splashie Website and through your use of the Splashie Services. Splashie reserves the right to investigate and take appropriate legal action against anyone who, in Splashie’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

 

· criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets

·covering or obscuring the banner advertisements on your personal profile page, or any Splashie page via HTML/CSS or any other means

· any automated use of the system, such as using scripts to add friends or send comments or messages

· interfering with, disrupting, or creating an undue burden on the Splashie Services or the networks or services connected to the Splashie Services

· attempting to impersonate another Member or person

· using the login or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account

· selling or otherwise transferring your profile

· using the Splashie Services in a manner inconsistent with any and all applicable laws and regulations

 

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Splashie to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Splashie by the copyright owner or the copyright owner’s legal agent.

 

You are solely responsible for your interactions with other Splashie Members. Splashie reserves the right, but has no obligation, to monitor disputes between you and other Members.

  

Use of the Splashie Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

Splashie is not responsible for any incorrect or inaccurate Content posted on the Splashie Website or in connection with the Splashie Services, whether caused by Users of the Splashie Services or by any of the equipment or programming associated with or utilized in the Splashie Services. Profiles created and posted by Members on the Splashie Website may contain links to other websites. Splashie is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Splashie. Inclusion of any linked website on the Splashie Services does not imply approval or endorsement of the linked website by Splashie. When you access these third-party sites, you do so at your own risk. Splashie takes no responsibility for third party advertisements which are posted on this Splashie Website or through the Splashie Services, nor does it take any responsibility for the goods or services provided by its advertisers. Splashie is not responsible for the conduct, whether online or offline, of any User of the Splashie Services. Splashie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Splashie is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Splashie Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Splashie Services. Under no circumstances shall Splashie be responsible for any loss or damage, including personal injury or death, resulting from use of the Splashie Services, attendance at a Splashie event, from any Content posted on or through the Splashie Services, or from the conduct of any Users of the Splashie Services, whether online or offline. The Splashie Services are provided "AS-IS" and as available and Splashie expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Splashie cannot guarantee and does not promise any specific results from use of the Splashie Services.

  

IN NO EVENT SHALL SPLASHIE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SPLASHIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPLASHIE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPLASHIE FOR THE SPLASHIE SERVICES DURING THE TERM OF MEMBERSHIP.

  

If there is any dispute about or involving the Splashie Services, you agree that the dispute shall be governed by the laws of the State of California.

 

You agree to indemnify and hold Splashie, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Splashie Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Splashie Website or through the Splashie Services causes Splashie to be liable to another.

 

All Entry Fees are non-refundable. See Official Rules for details.

Splashie is committed to helping our members. If you are looking for information about Splashie or to answer your most common questions, please try our list of frequently asked questions FAQ. or email us at admin@splashie.com

This Agreement is accepted upon your use of the Splashie Website or any of the Splashie Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Splashie regarding the use of the Splashie Services. The failure of Splashie to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Splashie is a trademark of Splashie, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Although portions of this website (including these Terms of Use) may be available in multiple languages, the English language version of the applicable website pages (including these Terms of Use) shall prevail in the event of any conflict or difference between the English language version and any version in another language.

WHAT TO DO IF YOU WITNESS A VIOLATION

If you witness any user activity is Splashie that violates the Terms of Service please notify us at admin@splashie.com. Splashie cannot guarantee that any action will be taken as a result of your email but we appreciate your help in making the service a fun place for everyone.

 

Contact Splashie at admin@splashie.com with any questions regarding this Agreement.