Terms of Use
INTRODUCTION
Accel Golf is a virtual tool designed and made by Accel Golf LLC (the “Company”) aimed to help you achieve your goals in golf. By accessing and using the Tool (defined below) you agree to abide by these Terms of Use. The “Tool” includes the Accel Golf software, application websites, APIs, and related intellectual property of Accel Golf LLC (the “Company”).
By downloading the application from the Apple App Store or the Google Play Store, and downloading any update thereto, you confirm that you agree to be bound by all of the terms and conditions of this Terms of Use.
This Terms of Use may not provide for usage rules for the Tool that are in conflict with the latest App Store Terms of Service or Google Play Terms of Service. To the extent of any conflict between these Terms of Use and the App Store Terms of Service or the Google Play Terms of Service, such Apple or Google Play Store Terms of Service (as applicable) shall prevail.
All rights not expressly granted to you are reserved.
1. THE TOOL
Accel Golf is a piece of software created to enter, track, and analyze golf statistics for individuals, coaches, and teams. In addition, this application provides supporting tools like a calendar, drill library, and AI coach to help players improve and is customized for mobile devices. It can be used to both enter and view golf statistics. Several graphs, charts, and in-depth analyses of different parts of a player’s golf game are readily accessible in the Tool.
The Tool is not tailored to comply with any industry-specific law, rule or regulations You may not use the Tool in any way that would violate any applicable laws, rules or regulations.
2. SCOPE OF USE
By downloading the Tool, you are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Tool on any Apple-branded or Android-branded Products that you own or control and as permitted by the usage rules set forth in this Terms of Use and in the App Store Terms of Service.
This Terms of Use also applies to any updates of the Tool provided by the Company that may replace, repair, and/or supplement the then-current Tool.
You may not share or make the Tool available to any third parties, sell, rent, lend, lease, or otherwise redistribute the Tool (unless to the degree allowed by the Apple and Google Play Terms and Conditions, and then only with the Company’s prior written consent).
You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Tool, or any part thereof (except with the Company’s prior written consent).
You may not copy or alter the Tool or any portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this Terms of Use, the App Store Terms of Service and Google Play Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
The Company reserves the right to modify any of the terms and conditions of these Terms of Use.
Nothing in this Terms of Use should be interpreted to restrict third-party terms. When using the Tool, you must ensure that you comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
The Company shall endeavor to keep the Tool updated so that it can comply with modified/new versions of the firmware and new hardware. You are not granted rights to claim or demand such an update, and the Company is under no obligation to do so.
You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Tool satisfies the technical specifications mentioned above.
The Company reserves the right to modify the technical specifications as it sees appropriate at any time.
You acknowledge that neither the Company, Apple, nor Google Play have any obligation whatsoever to furnish any maintenance and support services with respect to the Tool.
4. USE OF DATA
You acknowledge that the Company will be able to access and adjust your downloaded Tool content and potentially, your personal information, and that The Company’s use of such material and information is subject to the Company’s then-current Privacy Policy.
5. USER GENERATED CONTRIBUTIONS
The Company may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Tool and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
i. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
ii. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Tool and these Terms of Use.
iii. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Tool and these Terms of Use.
vi. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by the Company).
vii. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
viii. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
ix. Your Contributions do not violate any applicable law, regulation, or rule.
x. Your Contributions do not violate the privacy or publicity rights of any third party.
xi. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
xiii. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
xiv. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Tool in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Tool or make any further Contributions.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Tool or making Contributions accessible to the Tool by linking your account from the Tool to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Tool. You are solely responsible for your Contributions to the Tool and you expressly agree to exonerate, indemnify and hold the Company harmless from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
The Company has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Tool; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. The Company has no obligation to monitor your Contributions.
7. NO LIABILITY
The Company shall not, under any circumstances or in any event whatsoever, have any liability for any acts, error or omission or delay of any kind occurring in relation to the Tool, or your downloading, accessing, or use of the Tool, or for any damage resulting therefrom.
8. NO WARRANTY
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS TO THE TOOL, IT’S EFFICACY OR MERCHANTABILITY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, WORKMANSHIP, SAFETY, LEGAL COMPLIANCE OR FITNESS FOR A PARTICULAR PURPOSE. THE TOOL IS PROVIDED IN AS-IS CONDITION.
9. LEGAL COMPLIANCE
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties. You further represent that you are permitted to download and use the Tool in the jurisdiction in which you are located.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Tool, please contact:
11. TERMINATION
The license is valid until terminated by the Company. Your rights under this Terms of Use will terminate automatically and without notice if you fail to adhere to any term of this Terms of Use. Upon termination, you shall stop all use of the Tool, and destroy all copies, full or partial, of the Tool.
12. APPLICABLE LAW
This Terms of Use is governed by the laws of the State of New Jersey excluding its conflicts of law principles made to be effective in such State.
13. INVALIDITY
If any of the terms of this Terms of Use should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.