Terms & Conditions
INTRODUCTION
Welcome to dubaigolf.com (the "Site"). The Site is
operated by Dubai Golf and their affiliates (referred to herein as
"we", "us", or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. By using this site, you signify your agreement to
these Terms of Use. If you do not agree to these terms of use
please do not use the site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these
terms at any time. Please check these terms periodically for
changes. Your continued use of this site following the posting of
changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this site are the copyrighted
property of Dubai Golf, or their subsidiaries or affiliated
companies and/or third party licensors. All trademarks, service
marks, and trade names are proprietary to Dubai Golf or their
affiliates. No material from this site or any Internet site owned,
operated, licensed, or controlled by us or our affiliates may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of
the materials on any single computer for your personal,
non-commercial home use only, provided that (1) you keep intact all
copyright and other proprietary notices, (2) you make no
modifications to the materials, (3) you do not use the materials in
a manner that suggests an association with any of our products,
services, or brands, and (4) you do not download quantities of
materials to a database that can be used to avoid future downloads
from the Site. For purposes of these terms, the use of any such
material on any other Website or computer environment is prohibited
All trademarks, service marks, trade names and trade dress are
proprietary to us.
In the event you download software from the Site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed to you by us or third party licensors for
your personal, non-commercial home use only. We do not transfer
title to the Software to you. You own the medium on which the
Software is recorded, but we (or third party licensors) retain full
and complete title to the Software, and all intellectual property
rights therein. You may not redistribute, sell, de-compile, reverse
engineer, disassemble, or otherwise reduce the Software to a
human-readable form.
SUBMISSIONS
We are pleased to hear from our users and welcome your comments
regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or
consider creative ideas, suggestions, or materials other than those
we have specifically requested. We hope you will understand that it
is the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional staff
might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send us any
unsolicited original creative materials such as stories or ideas,
screenplays, or original artwork. While we do value your feedback
on our services and products, we request that you be specific in
your comments on those services and products, and not submit any
creative ideas, suggestions, or materials.
If, at our request, you send certain specific submissions (e.g.,
postings to chat, forums, or contests) or, despite our request that
you not send us any other creative materials, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be deemed,
and shall remain, our property. None of the Submissions shall be
subject to any obligation of confidence on our part and we shall
not be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, we shall exclusively own all now known
or hereafter existing rights to the Submissions of every kind and
nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function
offered as part of this site. If you participate in any Forum
within the Site, you must not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive
statements;
- advocate illegal activity or discuss illegal activities with
the intent to commit them;
- post or distribute any material that infringes and/or violates
any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or
indecent language or images;
- advertise or sell to, or solicit others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which
contain a virus or other harmful component; or
- post material or make statements that do not generally pertain
to the designated topic or theme of any chat room or bulletin
board.
It is our policy to respect the privacy of all customers.
Therefore, in addition to the privacy of Registration data (see our
Privacy Policy), we
will not monitor, edit, or disclose the contents of a customer's
e-mail unless (a) you authorise us to do so, (b) we must do so in
order to resolve technical problems on our site; or (c) unless
required to do so by law or in the good-faith belief that such
action is necessary to: (1) comply with the law or comply with
legal process served on us; (2) protect and defend our rights or
property; or (3) act in an emergency to protect the safety of our
customers or the public. Customers shall remain solely responsible
for the content of their messages.
We reserve the right to remove or edit content from any Forum at
any time and for any reason.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
materials expressly granted) us a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display,
create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now
known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials have
been waived.
Never assume that people are who the say they are, know what
they say they know, or are affiliated with whom they say they are
affiliated with in any chat room, message board, or other user
generated content area. Information obtained in a Forum may not be
reliable, and it's not a good idea to trade or make any investment
decisions based solely or largely on information you can't confirm.
We cannot be responsible for the content or accuracy of any
information, and shall not be responsible for any trading or
investment decisions made based on such information.
CONTENT LINKED TO SITE
Please exercise discretion while browsing the Internet using
this site. You should be aware that when you are on the Site, you
could be directed to other sites that are beyond our control. There
are links to other sites from the Site's pages that take you
outside our service. For example, if you "click" on a banner
advertisement or a search result, the "click" takes you off the
Site. This includes links from advertisers, sponsors and partners
that may use our logo(s) as part of a co-branding agreement. These
other sites may send their own cookies to users, collect data,
solicit personal information, or contain information that you may
find inappropriate or offensive. In addition, advertisers on the
Sites may send cookies to users that we do not control.
Dubai Golf does not condone the practice "deep-linking" (i.e.,
the practice of bypassing the homepage of a site, without the site
owner's consent, in order to link directly to text displayed "deep"
within the site). We reserve the right to disable any deep links
from other sites into the Sites.
We make no representations concerning any effort to review the
content of sites listed in any of our directories. Consequently, we
cannot be held responsible for the accuracy, copyright compliance,
legality or decency of material contained in sites listed in our
search results or otherwise linked to the Site.
Please keep in mind that whenever you give out personal
information online --- for example, via message boards or chat ---
that information can be collected and used by people you don't
know. While Dubai Golf strives to protect your personal information
and privacy, we cannot guarantee the security of any information
you disclose online and you do so at your own risk.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to
or from the Site. We cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site
that links to or from the Site or third party content on our sites.
We do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do
not make any representations or warranties as to the security of
any information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party, and you hereby irrevocably waive any claim against us
with respect to such sites and third party content. We strongly
encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline
transaction with any of these third parties.
Search and Directory are free services offered by us. Because
the internet changes constantly, no search engine technology can
possibly have all accessible sites at any given time. Thus, we
explicitly disclaim any responsibility for the content or
availability of information contained in our search index or
directories.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your password and membership account and for all activities that
occur under your account. You hereby indemnify, defend and hold us
and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensers and licensees
(collectively, the "Indemnified Parties") harmless from and against
any and all liability and costs (including reasonable attorney's
fees) incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of this Agreement or claims
arising from your account. You shall use your best efforts to
cooperate with us in the defence of any claim. We reserve the
right, at our own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by
you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS
ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THE SITE.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Dubai Golf and its
affiliates from its offices in the United Arab Emirates. We make no
representation that materials on the Site are appropriate or
available for use in any particular location. Those who choose to
access the Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United
States export controls. No software from this site may be
downloaded or otherwise exported or reexported (1) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods;
or (2) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any
such list.
TERMINATION
These Terms are effective until terminated by either party. You
may terminate these terms at any time by discontinuing use of the
Site and destroying all materials obtained from the Sites and all
related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise. These
terms will terminate immediately without notice from us if in our
sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must cease use of Dubai Golf and
destroy all materials obtained from the Site and all copies
thereof, whether made under the terms of these terms or
otherwise.
OTHER
These Terms shall be governed by and construed in accordance
with the laws of the United Arab Emirates, without giving effect to
any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these terms shall be
filed only in the courts located in Dubai, United Arabi Emirates
and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between us
relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.