Terms of Service

Effective Date: March 1, 2025
This Terms of Service (or “Terms”) is an agreement between you and Chris Middleton (or “Our Golf App”) and its partners, parent companies, subsidiaries, licensees, licensors, and affiliates (collectively, also referred herein as “we”, “our”, or “us”). The Terms govern your use of our applications for mobile platforms or devices and web applications (collectively, “Applications”). These Terms also govern your use of app publisher networks and platforms related to our Applications (collectively “Networks”), web domains and subdomains (collectively “Sites”) and web forums or messaging boards related to our Applications and Sites (collectively “Forums”). Any and all of our Applications, Networks, Sites and Forums are referred to herein as our “Services”.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND Our Golf App (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING OR ACCESSING ANY OF OUR APPLICATIONS AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.

1. Modification

Our Golf App reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services. You agree that Our Golf App may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, without notice to you and without liability.

2. No Unlawful or Prohibited Use

By using our Services, you represent and warrant to us that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.

3. Eligibility and Registration

In order to access the full feature set of our Services, and to post any content on or through our Services (“User Content”), you may need to register to create a specific account within our Services. You agree that if you are under the age of whatever is the age of legal majority where you access the Services, you represent that your parent or guardian has read, understood, and agreed to these terms. In registering for an account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors. During the registration process, you may be required to provide certain information, and you may be requested to establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
At our sole discretion, we may require proof that you meet these conditions in connection with the use of the Service. Failure to comply with this condition will result in closing of your account and loss of all Virtual Items accumulated through your use of the Service.
Our Golf App reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you do not have a registered account, we may allow you to only browse or use in limited ways those parts of our Services that are not limited to users with registered accounts only. You are responsible for safeguarding your password. You agree not to disclose your password to any third-party or to allow any third-party to use your account, and you agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Our Golf App of any unauthorized use of your account. Even though we use the word “your” to describe an account you registered for, you agree that you have no ownership or other property interest in such account or its related data at all, and you further agree that all rights in and to such account and its related data are and always will be owned by and inure to the benefit of Our Golf App.

4. Privacy

You acknowledge and agree that Our Golf App will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policy.

5. Content

Certain types of content are made available on or through our Services:
  1. User Content: which means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a user on or through our Services.
  2. Our Golf App Content: which means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, Our Golf App or our licensors' trademarks and logos, Our Golf App Applications, and other content made available by Our Golf App on or through our Services, including any Customizations but excluding User Content. Customizations means the modifications, designs or enhancements to Our Golf App Content as a result of a user's customization of a Our Golf App Content. For the avoidance of doubt, Customizations do not include User Content.

6. Ownership

Our Services and Our Golf App Content are protected by copyright, trademark, and other laws of the applicable jurisdiction. Except as expressly provided in these Terms, Our Golf App and our licensors exclusively own all right, title and interest in and to the Services and Our Golf App Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”). Our Golf App will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Our Golf App Content.

7. Our Golf App Content License

Subject to your compliance with these Terms, Our Golf App hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use an object code copy of the Application including Our Golf App Content for one registered account on one device owned or leased solely to you. Our Golf App also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service including Our Golf App Content that are not part of the Application. Use of the Service or Our Golf App Content shall be solely for your own, private, personal and non-commercial entertainment purposes and for no other purpose. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Our Golf App Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Our Golf App or its licensors, except for the licenses and rights expressly granted by these Terms.
You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third-party or use the Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that Our Golf App may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that Our Golf App has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and Terms and its third-party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.

8. User Content

The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics. Our Golf App cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. OUR GOLF APP IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.
Our Golf App may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by Our Golf App, and these communications should not be considered reviewed or approved by Our Golf App. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that Our Golf App will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
By making available any User Content on or through our Services, you hereby grant to Our Golf App a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of our Services. Our Golf App does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Our Golf App the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Our Golf App’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate any third-party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9. No Infringing Use

You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third-party.

10. Ratings, Chat, Comments & Feedback

You may be able to chat and make comments about content made available on or through our Services (“Comments”). Our Golf App advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, Our Golf App may, but is under no obligation to do so, monitor or censor Comments and disclaims any and all liability relating thereto.
Notwithstanding the foregoing, Our Golf App does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms. We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services (“Feedback”). You may submit Feedback by emailing us via email listed in Contact Us below, or by submitting through our Feedback system within our Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of Our Golf App and you hereby irrevocably assign to Our Golf App all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At Our Golf App's request, you will execute documents and take such further acts as Our Golf App may reasonably request to assist us to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections in the Feedback.

11. Virtual Items

From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-app items, (b) virtual in-app points, (c) virtual in-app subscriptions and (d) virtual in-app currency, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-app items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your account, termination of these Terms, and/or the discontinuation of the Service. Our Golf App prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by Our Golf App in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-app Virtual Items for real money, or exchange Virtual Items for value of any kind outside of an app, without Our Golf App’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. You acknowledge and agree: (a) that Our Golf App may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that Our Golf App has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. Our Golf App reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that Our Golf App shall have no liability for loss of Virtual Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third-party activity. Our Golf App may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. Our Golf App owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in an app or “purchased” from Our Golf App.

12. Orders & Payments

You agree that if you are under the age of whatever is the age of legal majority where you access the services, you may make payments only with the involvement of your parent or guardian, and you represent that your parent or guardian has read, understood, and agreed to these terms.
You may purchase, with “real world” money, limited licenses to use Virtual Items from Our Golf App in accordance with these Terms and Our Golf App’s Payment Terms and Conditions, and you agree that all such purchases are final. If you order licenses for Virtual Items from Our Golf App that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. Your orders for limited licenses to Virtual Items are offers for use of those Virtual Items, and if accepted those Virtual Items will be immediately downloaded to your Our Golf App account. You expressly consent to the making available of Virtual Items immediately upon acceptance of your order. You expressly agree and understand that if you order limited licenses to Virtual Items from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance. You understand and agree that Our Golf App provides no refunds for any purchases except only as expressly stated in these Terms. You acknowledge and accept that the purchase of digital items in the app is processed by third-party billing systems (including but not limited to RevenueCat, Google Play, and App Store). Accordingly, we are not able to provide bills or invoices relating to such transactions; however, you may view the orders and records through the corresponding third-party billing platform.

13. Taxes

You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

14. Mobile Operating Software Providers and Third-Party Publishers

Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download Our Golf App Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms, you must also comply with the terms and conditions of such virtual storefront or marketplace, such as, for example, Google Play.
In addition, Our Golf App may from time to time offer access to third-party mobile applications available via our Services, which are designed by third-party publishers. You understand and agree that access to, and use of, any third-party mobile application shall be subject to terms and conditions of use where provided by the third-party publisher of such third-party mobile application.

15. Interactions between Users

You are solely responsible for your interactions (including any disputes) with other Our Golf App users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other Our Golf App users. You agree to take reasonable precautions in all interactions with other Our Golf App users, particularly if you decide to meet a Our Golf App user offline, or in person. Your use of our Services, Our Golf App Content, User Content and any other content made available through our Services is at your sole risk and discretion and Our Golf App hereby disclaims any and all liability to you or any third-party relating thereto. Our Golf App reserves the right to contact users, in compliance with applicable laws and regulations, in order to evaluate compliance with these Terms and any other applicable rules. You will cooperate fully with Our Golf App to investigate any suspected unlawful, fraudulent or improper activity.

16. General Prohibitions

You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, or other users, and that you shall not act in bad faith in your use of the Service. If Our Golf App determines that you do act in bad faith in violation of these Terms, or if Our Golf App determines that your actions fall outside of reasonable community standards, Our Golf App may, at its sole discretion, make adjustments to the Virtual Items associated with your account, terminate your account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
  1. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
    • infringes, misappropriates or violates a third-party's Intellectual Property Rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person; or
    • promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  2. Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, Our Golf App's name, any Our Golf App or Our Golf App licensor's trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Our Golf App's express written consent;
  3. Access, tamper with, or use non-public areas of our Services, Our Golf App's computer systems, or the technical delivery systems of Our Golf App's providers;
  4. Attempt to probe, scan, or test the vulnerability of any Our Golf App system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Our Golf App or any of Our Golf App's providers or any other third-party (including another Our Golf App user) to protect our Services or Our Golf App Content;
  6. Develop, distribute, use, or publicly inform other users of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software or applications;
  7. Attempt to access or search our Services or Our Golf App Content, or download Our Golf App Content from our Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Our Golf App or other generally available third-party web browsers;
  8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  9. Use any meta tags or other hidden text or metadata utilizing a Our Golf App or Our Golf App licensor's trademark, logo URL or product name without Our Golf App's express written consent;
  10. Use our Services or Our Golf App Content for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms;
  11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or Our Golf App Content to send altered, deceptive or false source-identifying information;
  12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or Our Golf App Content;
  13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services;
  14. Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;
  15. Impersonate or misrepresent your affiliation with any person or entity;
  16. Violate any applicable law or regulation;
  17. Post User Content or take any action that infringes or violates the rights of another user: bully, harass or intimidate any user of the Services; solicit user login credentials from another user or collect User Content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;
  18. Create an account for anyone other than yourself;
  19. Use your user profile for personal commercial gain; use cheats, exploits, hacks, bots, mods or third-party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Service;
  20. Abuse, exploit, distribute or publicly inform other users of a bug, glitch, error or mechanism on the Service which gives users an unintended advantage; or engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;
  21. Posting spam or reposting removed content in the Forums. This includes but is not limited to posting the same content multiple times or reposting a thread or topic that has been removed from the Forums;
  22. Unsportsmanlike behavior;
  23. Account sharing, including but not limited to the sharing of username and password for others to login for you;
  24. Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
  25. Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing policies, rules or these Terms; or
  26. Encourage or enable any other individual or group to do any of the foregoing.

17. Links and Third-Party Materials

Our Services may contain links to third-party websites or resources. You acknowledge and agree that Our Golf App is not responsible or liable for:
  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Our Golf App of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier's normal billing rates will apply. In addition, certain content, products, and services available via our Services may include materials from third-parties. You agree that Our Golf App is not responsible for examining or evaluating third-party content, or such content's accuracy, and Our Golf App does not warrant and will not have any liability or responsibility for any materials, products, or services of third-parties. You agree that you will not use any third-party mobile applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that Our Golf App is not in any way responsible for any such use by you.

18. Sweepstakes and Contests

Our Golf App may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules of each Promotion in which you participate through the Services, as they may contain additional important information about Our Golf App's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion.

19. Updates to the Site and Service; Maintenance

You acknowledge and agree that Our Golf App may update the Service with or without notifying you. Our Golf App may require that you accept updates to the Service and you may also need to update third-party software from time to time in order to receive the Service.
Our Golf App conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods.

20. Termination of Accounts

Without limiting other remedies, Our Golf App may at any time suspend or terminate your account and refuse to provide access to our Services if Our Golf App suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
  1. failed to comply with any provision of these Terms or any policies or rules established by Our Golf App;
  2. engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Our Golf App users, Our Golf App or any other third-parties or our Services; or
  3. infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.
In addition, Our Golf App may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your account at any time and for any reason by contacting our customer service in the app, or via email listed in Contact Us below.

21. Effects of Termination, Suspension of Account

Upon termination of your account for any reason by you or us, you will lose all access to such account and its related data. Terminated accounts cannot be reinstated; any account that may be registered by you after termination of an account is a unique account. If your account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your account is terminated for any reason by you or us, you understand and agree that Our Golf App may redeem and use the Virtual Items in the account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Items.
In addition, if there is no activity in your account for 1 years (Inactive account), you understand and agree that (i) Our Golf App may redeem and use the Virtual Items in the Inactive account at such time for any purpose that it may choose, and that on the account becoming an Inactive account you will have no right to that Virtual Items; and (ii) any Virtual Items to which you had access via the Inactive account up to the account becoming an Inactive account will be lost and no longer be available to you, and you will have no right to them. You agree that Our Golf App is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items in an Inactive account or that was in a terminated account, no matter how either came about.
After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. Our Golf App will not be liable to you or any third-party for termination of our Services or termination of your use of our Services. Upon any termination or suspension of your account, any content, materials or information (including User Content) that you have submitted on our Services or that which is related to your account may no longer be accessed by you. Furthermore, Our Golf App will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third-party. Any suspension, termination or cancellation will not affect your obligations to Our Golf App under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

22. Governing Law

These Terms and any action related thereto will be governed by the laws of the United States without regard to its conflict of laws provisions.
For Users who are residents of the United States only: To the extent these Terms allow you or Our Golf App to initiate litigation in a court, other than for small claims court actions, you and Our Golf App agree to the exclusive jurisdiction of and venue in the state and federal courts located in Madison County, IL. You and Our Golf App each hereby waives any objection to jurisdiction and venue in such courts. These Terms, your use of the Service, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of Illinois, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.

23. Disclaimers

Our Services, Our Golf App Content, and User Content are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, Our Golf App explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Our Golf App makes no warranty that our Services, Our Golf App Content or User Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Our Golf App makes no warranty regarding the quality of any products, services or content purchased or obtained through our Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our Services. No advice or information, whether oral or written, obtained from Our Golf App or through our Services, Our Golf App Content or User Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that Our Golf App does not screen or inquire into the background of any users of the Service, nor does Our Golf App make any attempt to verify the statements of users of the Service. Our Golf App makes no representations or warranties as to the conduct of users of the Service or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section may not apply to you but only to the extent prohibited by applicable law.

24. Indemnity

You agree to defend, indemnify, and hold Our Golf App, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to Our Golf App, your access to our Services or Our Golf App Content, or your violation of these Terms.
Our Golf App reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Our Golf App, and you agree to cooperate with Our Golf App’s defense of these claims. Our Golf App will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your account (if applicable), and/or your access to or use of the Service.

25. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Services, Our Golf App Content, and User Content therein remains with you. Neither Our Golf App nor any other party involved in creating, producing, or delivering our Services or Our Golf App Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use our Services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Our Golf App has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Our Golf App is not 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. Further, Our Golf App will have no liability to you or to any third-party for any User Content or third-party content uploaded onto or downloaded from or through our Services. In no event will Our Golf App's aggregate liability arising out of or in connection with these terms or from the use of or inability to use our Services or Our Golf App Content or User Content therein or provided thereby exceed twenty U.S. dollars ($20). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Our Golf App and you.

26. Trademarks & Other Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Our Golf App or our licensors used in association with the Services are trademarks or registered trademarks of Our Golf App or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of the same.

27. Additional Mobile Application Terms

The following additional terms and conditions apply with respect to any Application that Our Golf App provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Our Golf App only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
Our Golf App, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that Our Golf App, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that Our Golf App, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that Our Golf App provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Our Golf App only, and not with Google, Inc. (“Google”). Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
Our Golf App, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.

28. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Our Golf App and you regarding our Services, Our Golf App Content, and User Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Our Golf App and you regarding our Services, Our Golf App Content, and User Content.

29. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Our Golf App's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Our Golf App may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

30. Notices

You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Our Golf App via email (in each case to the address that you provide) or (ii) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

31. General

The failure of Our Golf App to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Our Golf App. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. In addition to Our Golf App, you agree that (i) these Terms are intended to cover any publisher who is an affiliate of Our Golf App (“Affiliate Publisher”); (ii) your obligations to Our Golf App under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third-party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.

32. Contact Us

If you have any questions about these Terms, please contact us via customer service or send an email to ourgolfapp@gmail.com.