TERMS & CONDITIONS
The Player Tour provides a subscription service that allows our members to compete in golf. Our membership services comprise, i.a., access to leaderboards and rankings, the use of electronical scorecards and GPS shot tracking, chances to win Merit Points and the opportunity to participate in golf tournaments and social and other activities.
These terms and conditions govern your use of our website and mobile application (together our “Services”). You accept the terms and conditions by using the website, downloading the application completing the registration process, or by clicking the “accept” button or by using the Services in any other way .
The World Wide Web is an evolving medium and technology is also evolving so that we will have to change the terms and conditions from time to time. We may also impose new conditions, including, but not limited to, adding fees and charges for use. By continuing to use our Services after we post such changes, you accept the terms and conditions as modified.
We may also restrict access to, suspend or discontinue the Services or parts of it at any time and at our discretion.
Generally, the material on the website theplayertour.com and in the application is for informational and entertainment purposes. We use best efforts to provide accurate information, however, errors may appear from time to time. Therefore, The Player Tour and its information providers cannot guarantee reliability, accuracy, timeliness or completeness of the information on the website theplayertour.com. The Player Tour is also not responsible for, and cannot guarantee the performance of, goods and services provided by advertisers or other market participants to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by The Player Tour or its licensors.
(A) The main product of The Player Tour is the PLAYER AMATEUR TOUR, an amateur golf tour that is organized completely independent from time, location and usual formal “offline” golf requirements. The Player Tour has the right to establish and organize the PLAYER AMATEUR TOUR, to determine the nature, conditions, extent, rules and regulations of the PLAYER AMATEUR TOUR, and to regulate the conditions under which trophies and prize money of the PLAYER AMATEUR TOUR are to be competed for and to host the PLAYER AMATEUR TOUR in any part of the United States and beyond. For more information regarding the rules we apply when running the PLAYER AMATEUR TOUR, please read the PLAYER AMATEUR TOUR “Rules & Policies” which you accept when you choose to be a member and subscribe to our services. The document can be found on our Website as well as under our mailing address upon request.
(B) You must be 18 years of age or older to become a member of the PLAYER AMATEUR TOUR. Individuals under the age of 18 may use the Services and participate in contests or sweepstakes or other promotional opportunities or post information only with a parent’s/legal guardian’s consent and under a parent’s/legal guardian’s supervision.
(C) The right to use the Services and the membership in the PLAYER AMATEUR TOUR is personal to you and is not transferable to any other person or entity and for non-commercial use only (see below “Conduct”). You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of these terms and conditions. You shall be solely responsible for protecting the confidentiality of your password(s), if any. When changing your mobile device, you acknowledge that your Merit points, rankings and other settings in the application may be lost and only be manually recovered by us.
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. Please note that the quality of the online services may vary from device to device, and may be dependent on, e.g., location, the available bandwidth, speed of your Internet connection etc.
3. Registration Obligations
If you register with the PLAYER AMATEUR TOUR, you agree to provide true, accurate, current and complete information. The Player Tour has the right to suspend or terminate access and refuse any and all current or future use of the Services (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if The Player Tour reasonably suspects that you have provided untrue, inaccurate, or incomplete information.
Your Player Tour membership will be established through subscription and is based on a monthly or yearly fee. The cost of a monthly membership is $14.99 for US residents and $ 79 respectively for a full year’s membershp. If residents outside the US decide to participate in our Tour, we will charge £ 14,99 (and £ 79 respectively) for UK residents and € 14,99 (and € 79 respectively) or an equivalent thereof in the respective local currency for members residing in Europe or Canada. The subscription period is one month (or year, respectively) from the time the free trial period of 14 days is completed and will be automatically prolonged every month (or year respectively) for another month (or year respectively) if not terminated with three months’ prior notice to the end of the month (or year, respectively). To use the services, you must have Internet access and provide a current, valid, accepted method of payment, which you may update from time to time. Unless you terminate your membership before your billing date, you authorize us to charge your next months’ membership fee to your payment method.
You agree to pay the membership fees, and other charges you incur in connection with your membership. The Player Tour reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice. Our Services include the ability to make certain other fee-based transactions, including the ability to purchase and bet Merit Points.
For all purchases, you will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, you will be charged within 24 hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment subject to certain restrictions, including territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment method. If a payment card company is being used for a transaction, The Player Tour may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. The Player Tour reserves the right to change any and all prices for any Services and other content at any time, for any reason.
Your subscription will continue indefinitely until terminated in accordance with this Agreement. After your initial term, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period and continue for an additional equivalent period, at The Player Tour’s then-current price for such subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, but you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize The Player Tour, including any payment processors, to charge you for the initial, and any renewal subscriptions. If The Player Tour does not receive payment from you or from a payment processor, (i) you agree to pay all amounts due upon demand, and/or (ii) you agree that The Player Tour may either terminate or suspend your subscription and continue to attempt to charge you or a payment processor on your behalf until payment is received.
You are responsible for any taxes imposed on any subscription or fee-based transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and fee-based transactions in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time your transaction is completed. No customers or users are eligible for tax exemptions for transactions made in connection with the Services.
The Player Tour may revise any or all of the fees and prices associated with the Services at any time for any or no reason. Further, The Player Tour does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the Services do not imply The Player Tour’s endorsement of such products or services. Moreover, The Player Tour and its third-party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product.
All payments are non-refundable. However, The Player Tour reserves the right to cancel any transaction in its sole discretion, in which case you will be given a full refund.
5. Account Access
Every member who created a The Player Tour account and whose payment method is accepted and charged has access to and control over his The Player Tour account. To maintain control over the account and to prevent others from accessing it, the member should not reveal the password nor details of the payment method to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We reserve the right to terminate your account or place your account on hold in order to protect you, The Player Tour or our partners from identity theft or other fraudulent activity.
(A) You shall use the Services for lawful purposes only. You shall not post or transmit any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without The Player Tour’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in The Player Tour’s discretion restricts or inhibits any other individual from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with the Player Tour.
(B) You shall not use or permit or facilitate others to use the Services by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through theplayertour.com, including without limitation real time scoring, video, audio, statistics, polling, or data content, whether current or archival.
(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, email spam and any other form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way theplayertour.com or servers or networks connected to theplayertour.com, or disobey any requirements, procedures, policies or regulations of networks connected to theplayertour.com.
(D) The Player Tour welcomes links to its sites. Generally, therefore, you are free to create a hypertext link to any of our websites as long as the link does not state or imply any sponsorship or endorsement of your site by any of our sites or The Player Tour. Evidently, when establishing any such link, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites. We do not welcome it and strictly prohibit, that one makes it appear that a third-party website is endorsing any of the content of our sites. Therefore, you shall not create a frame, browser or border around any of the content of theplayertour.com without The Player Tour’s prior express written permission.
(E) Theplayertour.com and the application contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents are copyrighted as a collective work under United States and international copyright laws. The Player Tour owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the material on theplayertour.com or the application will be permitted without the express permission of The Player Tour and/or the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(F) You shall not upload, post or otherwise make available on theplayertour.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material (including pictures) to any public area of theplayertour.com, you automatically grant, or warrant that the owner of such material has expressly granted, The Player Tour the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part and waiving any right to be named as an owner) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant The Player Tour the right to edit, copy, publish and distribute any material you make available on theplayertour.com or the application. The foregoing provisions of this Section 6 are for the benefit of The Player Tour its, parent companies, affiliates and third-party content providers, licensors and licensees and each shall have the right to assert and enforce such provisions directly or on its own behalf.
(G) By using the Services, you acknowledge and agree that official golf rules of the USGA and R&A apply (unless otherwise specified in the application) and that features, activities and other aspects of the Services may be subject to eligibility requirements by the Player Tour.
(H) You must not use the Services if you are on any U.S. Government list of prohibited or restricted parties.
7. Disclaimer of Warranties / Limitation of Liability
(A) You agree that use of the Services is at your sole risk. Neither The Player Tour, its affiliates or parent companies nor any of their respective employees, agents, third party content providers, licensors or licensees warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any content, information, service, or merchandise provided through theplayertour.com or the application. The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(B) Neither The Player Tour, its affiliates or parent companies nor any of their respective employees, agents, third party content providers, licensors or licensees shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within theplayertour.com or the application, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. In no event will any of the foregoing parties be liable to you for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the Services.
(C) You agree that neither The Player Tour, its affiliates or parent companies nor any of their respective employees, agents, third party content providers, licensors or licensees are liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
8. Postings and Monitoring
The Player Tour encourages an open exchange of information and ideas. We cannot and do not review every posting made on our website or application, though. Postings in our community and social media areas, or in chat rooms, forums, blogs, and other public posting areas may derive from a variety of individuals and organizations other than The Player Tour. We cannot and do not guarantee or endorse the accuracy of any posting, regardless of whether the posting comes from a member, from a celebrity or an expert, or from a member of our staff. The legal and factual responsibility for what is posted on our sites, or in chat rooms, forums, blogs and other public posting areas on our sites lies with the user – you alone are responsible for the material you post. The Player Tour does not control messages, information or other content that you or others may post. The Player Tour shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms and Conditions and any operating rules established by The Player Tour and to satisfy any law, regulation or authorized government request.
The Player Tour shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on theplayertour.com. Without limiting the foregoing, The Player Tour shall have the right to remove any material that theplayertour.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless The Player Tour, its parent company, and their respective affiliates and each of their respective directors, officers, employees and agents as well as our licensors, licensees and suppliers from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Services by you or any third party using your login details and/or your account.
10. Termination of Use
Either The Player Tour or you may terminate your access to and/or use of the Services at any time. Without limiting the foregoing, The Player Tour shall have the right to immediately terminate your access and/or use of the Services in the event of any conduct by you which The Player Tour, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms and Conditions.
11. Licensed Trademarks and Content
Theplayertour.com and the PLAYER AMATEUR TOUR, are trademarks of The Player Tour. All rights are reserved by the respective rights holders. All other trademarks appearing on theplayertour.com are the property of their respective owners. All content included in or made available through any The Player Tour such as graphics, logos, images, audio clips, data compilations, and software is the property of The Player Tour or its content suppliers, licensors or licensees and protected by United States and international copyright laws.
12. Transactions and Billing
You agree that all transactions made by you, to the extent permitted by law, cannot be exchanged and are non-refundable. All purchases are subject to the applicable service fees and charges, which are also non-refundable. We do not provide refunds or credits for any partial-month membership periods or unused The Player Tour services. The monthly (or yearly, respectively) membership fee for our service and any other charges which may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged during the registration and upon every automatic renewal, i.e. the calendar day corresponding to the prolongation (recommencement) of your membership. In some cases, your payment date may vary, e.g. if your payment method was unsuccessful at first.
You can terminate your membership at any time with three months’ notice to the end of the month or year, respectively (see 4.). You will continue to have access to the service through the end of your subscription period. If you cancel your membership, your account will automatically close at the end of your current subscription period.
These terms and conditions and any operating rules for the Services or the PLAYER AMATEUR TOUR established by The Player Tour (such as, e.g. the PLAYER AMATEUR Tour Rules & Policies constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms and conditions shall be construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws rules. By using the Services, you agree that the exclusive jurisdiction for any legal dispute in relation with the use or the terms and conditions shall be the state and federal courts located in Florida. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. In the event a court of competent jurisdiction finds that any provision of these terms and conditions is invalid, the court should give effect to the parties’ intentions as reflected in the provision, and all other provisions of these terms and conditions shall remain in full force and effect. You must file any claim or cause of action arising out of or related to use of the Services or these terms and conditions within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred. All rights not expressly granted to you herein are hereby reserved to The Player Tour and its affiliates.