1. Informational Purposes Only. The information on this App is for informational, educational, and entertainment purposes only. Without limiting anything else in these Terms or otherwise, GOLF HISTORY WITH PETER ALLISS iPad App and its parent Exulto Media Inc. (“EXULTO”) is not responsible for any errors or omissions in the App or App Materials, and GOLF HISTORY WITH PETER ALLISS iPad App and its parent EXULTO are not responsible for any errors or omissions in the App or App Materials.
2. Proprietary Rights. As between you and GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO, GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through App as well as the selection, coordination, arrangement, and organization and enhancement of the App. You agree not to remove or alter any copyright notice or any other proprietary notice on any App Materials. Under no circumstances will you have any rights of any kind in or to the App, other than the right to use the App in accordance with these Terms and the limited fair use described herein and in the iTunes User Agreement. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this App solely for such purposes without GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
3. Unauthorized Activities. You agree that you will not use the App for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the App or for modifying another website or App so as to falsely imply that it is associated with GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the App who has requested not to be contacted; or (e) attempting to gain unauthorized access to GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the App or any services provided through the App or EXULTO Website.
4. Materials Submitted to the App or EXULTO Website. The App and/or EXULTO Website may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO, you grant GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
5. Payments to the Site. By purchasing products on the App, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your iTunes account.
6. Third Party Web Sites and Content. As set forth in Section 4 and Section 5, parties other than GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO may provide products, services or content on the Site, including the transactional services. Additionally, the GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO Inc. does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
7. Privacy Statement. Any personal information that you provide to GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO on the App or Website is subject to our Privacy Statement. For more information, the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein.
Collection of email addresses:
Collection of in app analytics Via Flurry Analytics:
Flurry Analytics provides information to you about how your End Users use their mobile applications as well as how applications are performing across different handsets. Flurry obtains this information as a result of data being sent to our servers from our software “agent” if embedded by you in an End User’s mobile application. The data collected by the agent may include: agent version, platform, SDK version, timestamp, API key (identifier for application), application version, device identifier, iOS Identifier for Advertising, Media Access Control (MAC) address, International Mobile Equipment Identity (IMEI), Model, manufacture and OS version of device, session start/stop time, locale (specific location where a given language is spoken), time zone, and network status (WiFi, etc.). We hash iOS device identifiers, MAC address and IMEI; however, we do not hash platform device identifiers such as the ANDROID_ID and the BB_PIN. Hashing involves the transformation of these identifiers into a value or key that represents the original identifier. The device identifiers (if applicable), IMEI (if applicable), MAC address (if applicable), and platform are hashed to a Flurry ID.
In addition, Flurry may collect the following data if you select the option for Flurry to collect and provide such data to Flurry: User ID (for your service), latitude and longitude (obfuscated by Flurry to state/city), gender, age, events, errors, and page views. Finally, we see the IP address, device type, locale and timezone of the user through the HTTP request. Flurry uses this data to enable demographic and customer-created segment advertising targeting, create reports for you to analyze your End Users and to create reports and/or metrics against which you can compare your user base. In addition, we may provide you with the option of exporting raw Flurry data to your servers such as timestamp, platform, event, and user ID. You can also record errors that occur in your applications and receive an export of data containing the error information.
8. Disclaimer. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, App and Website Material, links, advertisements or other items contained within the App. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO cannot and does not review all communications made on or through the App or Website, but although not obligated to, may review, verify, make changes to or remove any App Material, User Material, the App and Website or the products or services made available in connection with the App and Website with or without notice in its sole discretion. THE APP, THE WEBSITE MATERIALS, USER MATERIALS AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE APP, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE APP IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO. AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE APP, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE APP, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
9. Liability. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO AND ITS AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE APP, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS OR USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE APP. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO has breached these Terms, your sole and exclusive remedy is to discontinue using the App and Website.
10. Indemnification. You shall indemnify GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO and its members, managers, directors, officers, employees, agents, contractors and licensors GOLF HISTORY WITH PETER ALLISS iPad App and its parent Exulto Media Inc. Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the App and your use of the App or services obtained through the App, your fraud, violation of law, negligence, willful misconduct, or any other use of the App, the App Materials, User Materials, the services, products, information and other materials on, in and made available through the App (except to the extent attributable to GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO or any breach by you of these Terms and shall indemnify and hold GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
11. Copyright. We respect the intellectual property rights of others, and require that the people who use our GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Exulto Media Inc. Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Exulto Media Inc. PO Box 49227 Sarasota, FL 34230 .
12. Changes to these Terms. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the EXULTO Website for at least twenty (20) days after the change. Your use of the App and Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the App and website before the change was made. GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO reserves the right to suspend or terminate your access to this App and/or ability to use the services with or without notice for failure to comply with these Terms, for providing GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO. with untrue or inaccurate information about yourself, for infringement upon GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO proprietary rights, or for any other reason whatsoever or for no reason.
13. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Florida, USA without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the App. you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of Florida; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. 14. Miscellaneous. The App is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO makes no representation that the App, App Materials, User Materials, services, products, information or other materials available on, in, or through the App is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of GOLF HISTORY WITH PETER ALLISS iPad App and EXULTO to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Dated: Friday, June 8, 2012
Copyright © 2012 Exulto Media Inc; All rights reserved.