TERMS OF USE

The following Terms of Use outline your obligations when using the Partake website. You can also review our Privacy Policy.

Terms

These terms and conditions are between Partake Technologies, Inc., a Delaware Corporation (hereinafter referred to as “Partake”) and you, the person using the Site (as the term “Site is defined below. Partake maintains the website at www.partakegolf.com, and all linked pages (“Site”). Following are the terms of use (“Terms of Use”) that govern your use of the Site and any services offered on the Site and including any mobile applications or “apps” (“Services”). Please read these terms carefully before using the Site. By using the Site and availing yourself of the Services, you expressly agree to these Terms of Use and the Partake Privacy Policy and agree to comply with the Terms of Use and all applicable laws and regulations governing use of the Site and the Services. If you do not agree to all the terms and conditions of the Terms of Use, then you may not access the Site or use the content or any services in the Site. Partake reserves the right, at its sole discretion, to modify, update or replace the Terms of Use and the Partake Privacy Policy at any time. In the event these Terms of Use are modified, updated or replaced, the new version shall take effect as soon as they are posted to this Site. In addition, registered users of the Site will be emailed the Terms of Use when signing up for an account with Partake and whenever changes are made to the Terms of Use. Use of the Site by you following such notification constitutes your acceptance of the new Terms of Use. If you do not agree to the new version of these Terms of Use, you must stop your use of the Services immediately. In the event you do not agree to any amendments to these Terms of Use, you must stop using the Services and close your account with Partake and in this event the un-amended Terms of Use shall apply to your relationship with Partake. You should print a copy of these Terms of Use for future reference. Please check this page of the Site periodically. If we believe you are violating these Terms of Use, Partake may take various actions, including suspending or terminating your use of the Site, barring you from future use of the Site, and/or taking appropriate legal action against you.

Conditions of Participation

Registration

To participate in any Contest on the Site, you must register and set up an account with Partake.   You agree to promptly update your Partake account information with any new information that may affect the operation of your Partake account and to provide us with any other information we request from you to administer your use of the Site or the Services. The personal information that you provide to Partake will be subject to the terms of the Partake Privacy Policy. If your account information is not accurate, not current, or incomplete, or if Partake has reasonable grounds to believe that your account information is not accurate, not current, or incomplete, Partake, at its sole discretion, may deny you access to areas of the Site requiring registration. Partake, acting reasonably, reserves the right not to open an account for you.

Account and Password Security

When you register for online account access, you must provide a valid e-mail address and create a Username and Password for your account. Many areas of the Site require registration for access (the “Restricted Areas”). You are responsible for safeguarding and maintaining the confidentiality of your Username, Password, and related account information and for safeguarding and maintaining the security of your computer system. You understand and agree that no network is 100 percent secure and that Partake is not responsible for any data breaches, “hacking” or other unauthorized access. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Partake account, whether or not you have authorized such activities or actions. You agree to immediately notify Partake of any unauthorized use of your Username, Password, or Partake account. You acknowledge and agree that Partake is authorized to act on instructions it receives through the use of your Username and Password. You also agree that, without prior notice, Partake may, but is not required to, deny access or block any transaction made through the use of your Username and Password if Partake reasonably believes that they are being used by someone other than you or in any other way that violates these Terms of Use or is required by law or legal process or to protect the safety of others or Partake’s property. You agree to immediately notify Partake of any unauthorized use of your Username and Password or account or any other breach of security related to your use of the Site. Partake will not ask you to reveal your Password or ever initiate any contact with you to request security hints. You agree to indemnify Partake for any improper or illegal use of your Partake account.

Communications and Disclosure

As a result of your registration, you may receive commercial communications from Partake related to content on the Site. You understand and agree that these communications are part of your registration. You may opt out of receiving communications offering commercial goods or services at any time by using the unsubscribe functionality or by sending an opt-out request to [email protected] and in accordance with our Privacy Policy. However, we may still need to correspond with you regarding account details, prize fulfilment and other operational matters and you consent to continue to receive these account communications even after you have opted-out of commercial offerings solicitations.

Force Majeure Event

The failure of Partake to comply with any provision of these Terms of Use due to what is commonly referred to as an act of God or a hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of Partake (not related to compliance with applicable regulations) or other force majeure event will not be considered a breach of these terms.

Conduct

As a condition of use, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national, and foreign laws, treaties and regulations in connection with your use of the Site and the Services. You also agree, without limitation, that you will not do any of the following while using or accessing the Site or the Services:

  • abuse, harass, impersonate, intimidate, or threaten other Partake users or any other third party;
  • cause, whether directly or indirectly, the posting or transmission of any materials that are infringing, libellous, defamatory, abusive, offensive, obscene, pornographic or that otherwise violate any law or the right of any other person;
  • use the Site for any unauthorized purposes or in violation of any applicable law, including intellectual property laws;
  • cause, whether directly or indirectly, the posting or transmission of any communication or solicitation designed or intended to obtain password, account or private information from any Partake user;
  • create, send or attempt to create or send, e-mail spam to any other Partake user;
  • infringe upon the intellectual property rights of Partake, its users, or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, or sites that repurpose existing stories or off-topic content;
  • post, e-mail, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any robot, spider, scraper, sniping software or other automated means to access the Site for any purpose (except RSS feed access) without Partake’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose a load on our infrastructure that Partake deem to be unreasonable or disproportionate; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Partake may use to prevent or restrict access to the Site;
  • use artificial means, including creating multiple user accounts, to inflate your position and standing with the Partake community;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit to, or sell to any user without the user’s prior explicit consent;
  • use the Site for any commercial purpose unrelated to the Contests; and sell or otherwise transfer your profile.

Your violation of the foregoing rules may result in the removal of your content from the Site and/or cancellation of your account. You acknowledge and agree that Partake may remove any user content and terminate any Partake account at any time for any reason including without limitation a third party’s claim or allegation concerning the user’s content or conduct on the Site.

User Content

You understand that all user content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such user content originated. This means that you, not Partake, are entirely responsible for all user content that you upload, post, share, e-mail, transmit, or otherwise make available via the Site. Under no circumstances will Partake be liable in any way for any user content uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Site. You acknowledge that Partake may or may not pre-screen user content, but that Partake and its designees have the sole discretion, but not the obligation, to pre-screen, refuse, permanently delete, and/or move any user content available via the Site. Without limiting the foregoing, Partake and its designees shall have the right to remove any user content that violates these Terms of Use or that is otherwise objectionable in Partake’s sole discretion. Without limiting any of the foregoing, you may not upload, post, share, e-mail, transmit or otherwise make available via the Site any content that violates applicable laws or regulations, that is harassing, is hate speech, or obscene. You understand that, by using the Site, you may be exposed to user content that you may consider to be offensive or objectionable. You agree that you must evaluate and bear all risks associated with the use or disclosure of any user content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You may always cease using the Site if you find the content objectionable. With respect to user content you submit or make available on the Site, you grant Partake an irrevocable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such user content, in whole or in part, and to incorporate such user content into other works in any format or medium now known or later developed. You are solely responsible for your interactions with other users of the Site. Partake reserves the right, but has no obligation, to monitor disputes between you and other users.

Indemnity

You agree to indemnify Partake, its parent company, its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or relating to your breach of these Terms of Use or your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.

Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge that Partake has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Partake from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Partake makes no representations concerning any content contained in or accessed through the Site, and Partake is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT PARTAKE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Partake HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PARTAKE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Partake FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. PARTAKE DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR OTHER LIABILITY IT CANNOT EXCLUDE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Our Proprietary Rights

Partake owns all title, ownership and intellectual property rights in and to the Site. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Partake, you agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the Site, in whole or in part.

Links

The Site provides, or third parties may provide, links to other websites or resources. As Partake has no control over such sites and resources, you acknowledge and agree that Partake is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Partake shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Termination

Partake may terminate or suspend the Site and any and all services and your Partake account immediately, without prior notice or liability, if you breach any of these Terms of Use. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your Partake account, you may simply discontinue using the Site or contact us via the contact form with a note stating that you wish to terminate your account. All provisions of the Terms of Use that, by their nature, should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Information Accuracy & Verification

Partake periodically reviews user accounts for accuracy of user provided registration and payment information. Partake reserves the right to suspend the account of any user suspected of providing inaccurate, misleading or fraudulent information. Once an account has been suspended, the user will be notified of such a suspension and will be given the opportunity to provide further information relevant to the decision to suspend the account in question. Partake reserves the right to close a suspended account.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries of these Terms of Use whether under the terms of the Contracts Rights of Third Parties Act (2001) for residents of the United States or otherwise.

Notice and Procedure for Making Claims of Copyright Infringement – U.S. residents

Partake may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Partake with a notice that includes the following:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the infringing material is located on the Site;
  • your address, telephone number, and e-mail address;
  • 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 applicable law; 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 or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Please send your notice and all related correspondence to Partake at the following address: [email protected]

Counter Notification to Claimed Copyright Infringement – U.S. residents

If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification. The counter notification must provide the following information:

  • physical or electronic signature of the subscriber;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • the subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Dispute Resolution and Governing Law

Initial Dispute Resolution: Partake’s customer support department is available to address any concerns, problems or disputes involving the Site and should be contacted by the ‘Contact Us’ section of the Site (accessed via the footer link). Parties should use their best efforts using the Partake customer support department to resolve any concern, problem or dispute. If you are dissatisfied with the response of our Customer Services Team then you have the right to request that an Alternative Dispute Resolution (ADR) provider reviews your compliant. This service can be accessed free of charge for customers.

These Terms of Use, our Privacy Policy and use of the Site shall be governed by, and construed in accordance with, the laws of the United States of America without regard to conflict-of-law principles. All disputes arising from or related to these Terms of Use, our Privacy Policy or use of the Site shall be subject to the exclusive jurisdiction of the courts of the state of Texas. Notwithstanding this clause, Partake shall be entitled to take an injunction or similar action in any court of competent jurisdiction.

General Information

Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Partake with respect to the Site and supersede all other written and oral communications or agreements with regard to the subject matters discussed herein.

Waiver and Severability of Terms

The failure of Partake to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. All other provisions shall remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles

The section titles in these Terms of Use are for convenience only and do not define, limit, or extend any provision of these Terms of Use. In these Terms of Use, references to the singular shall include references to the plural and vice versa and references to the masculine shall include references to the feminine and vice versa. Nothing in these Terms of Use shall be deemed to create any agency or partnership between you and Partake. Neither you nor Partake are agents of each other. You shall not be entitled to assign, novate or in any way transfer any rights or obligations under these Terms of Use to any third party. Partake has the right to assign, novate or transfer any of the rights or obligations under these Terms of Use to any third party. Partake will hold sums that you deposit in trust. However, Partake is not a bank and no interest will be paid on such sums.

Last Revised: 01/19/2018