Welcome to BRS Golf by GolfNow, we are a leading company operating in the intersection of golf and technology, connecting Golf Clubs and Golfers with innovative software and services designed to grow the game the golf (“BRS Golf”, “we“, “our”, or “us“).
BRS Golf is a subsidiary of GolfNow LLC an NBC Sports Next company and part of NBCUniversal Media LLC.
OUR PLATFORMS AND SERVICES
DEFINITION OF USERS
The Services we provide are aimed at the following categories of users:
|Golf Club||The club or similar entity operating a golf course, that requires BRS Golf to provide Services, so their Administrator(s) can manage their golf club and course via the Services and for their end-user Golfers to access and benefit from such Services.|
|Administrator(s)||The person(s) nominated by the Golf Club that has control over the use and overall administration of the Services provided by BRS Golf.|
|Golfers||End users of any BRS Golf website, mobile app, software tool, or platform that forms part of the Services. This includes golfers of Golf Clubs (members or visitors) or any other person who views, accesses and uses the Services or could otherwise be an end-user of the Platforms and/or Services.|
CHANGES TO THESE TERMS
OTHER APPLICABLE TERMS
ACCOUNT ACCESS & SECURITY
In order to access and use certain Services, you may be required to register and create a BRS Golf account (“Account”).
Where you create an Account, you are solely responsible for maintaining the security and confidentiality of the Account password you use. Where you believe your Account credentials have been compromised, you should change them, and immediately contact us or your Golf Club for further assistance.
ELIGIBILITY FOR CERTAIN SERVICES
To access some of the features and functionality of the Services, you must be at least 13 years of age (or older depending on the age of majority in the territory in which you reside) and you may be required to verify your age. If you are under 13 years of age, you must immediately discontinue use or make no further use of the certain features and functionality of the Services. Where you are under the age of 18, then you must have parental and/or legal guardian permission to use the Platforms and/or Services.
OUR RIGHTS & LIMITED LICENCE TO YOU
- use any of BRS Golf’s Intellectual Property Rights for commercial exploitation (whether for profit or not);
- establish a link to or from the BRS Golf Platforms or any other website/app, intranet or extranet site without our prior written consent (which may be withdrawn by BRS Golf at any time in its sole discretion);
- do anything that may interfere with or disrupt the BRS Golf Platforms and/or the Services;
- modify, disassemble, decompile or reverse engineer any BRS Golf’s Intellectual Property Rights
- rent, lease, loan, resell, sublicence, distribute or otherwise transfer or attempt to transfer BRS Golf’s Intellectual Property Rights to any third party;
- post any information on or send any information via the BRS Golf Platforms and/or Services (whether on any bulletin board or in any chat room or otherwise) that does not comply with our Acceptable Use Policy set out below;
- do anything that may infringe the rights of any other person or third party, including impersonating or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate any information, data or similar that is made available on the BRS Golf Platforms or via the Services;
- You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the BRS Golf Platforms or its servers and infrastructures;
- You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any of our Intellectual Property Rights, (ii) any protection or access control measure associated with the BRS Golf Platforms, or (iii) any advertisement on or within the BRS Golf Platforms.
Where you fail to comply with the above (including the Acceptable Use Policy below) we reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to any applicable BRS Golf Platforms or its Services or seeking other legal or equitable remedies, including reporting to the relevant law enforcement authorities, for breaches or actions constituting criminal offences.
You grant BRS Golf and its licencees a worldwide, royalty-free, sub-licensable, non-exclusive, perpetual, irrevocable, right and licence to use, reproduce, translate, publicly display, publicly perform, modify, sublicence, distribute, and otherwise use such User Content. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Platforms or via the Services.
BRS Golf is not responsible for User Content nor does it endorse any opinion or similar contained in User Content.
You are solely responsible for your own User Content. This means that you, and not BRS Golf, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, e-mail or otherwise transmit to the Platforms or via the Service. You understand that by using the Platforms and Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
ACCEPTABLE USE POLICY
You are responsible for the content of your communications which you contribute or send via the Platforms and/or Service, and they must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with all applicable law in any country from which they are posted.
The following rules are a condition of your use of and access to the Platforms and Services:
- No Interference.You may not interfere with any other user’s ability to use or enjoy the Platforms or Services.
- No Bullying. You may not use the Platforms or Services to threaten, abuse, harass, or invade the privacy of any third party.
- Content Posted by You Must be Yours. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.
- Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
- Don’t Damage the Services or Our Servers.You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platforms or Services or its servers and infrastructures. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Platforms or Services, or to obtain unauthorised access to the Platforms or Services or any data or other information of any third party.
- No Unauthorised Access. You may not attempt to gain unauthorised access to other computer systems or networks connected to the Platforms or Services for any unlawful purpose or where you have no right to access the Platforms or Services (ie. because you haven’t paid applicable licences fees).
- No Collection of Personal Information from Other Golfers. You may not collect information about other end-user Golfers of the Platforms or Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorised or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorised solicitation, or where any such collection of personal information would amount to a breach of applicable data protection laws.
- No Criminal or Unlawful Conduct. You may not use the Platforms or Services for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offence or give rise to civil liability.
- No Commercial Use. Unless you are authorised to do so or if you are a Golf CliYou may not use the Platforms or Services for any commercial use or purposes, whether for profit or not (unless you are a Golf Club and have entered into a Partnership Agreement with BRS Golf)
We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Platforms/Services or seeking other legal or equitable remedies, once we become aware of any violations of these provisions.
DISCLAIMER OF WARRANTIES
The BRS Golf Platforms and its Services are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, BRS Golf, (its parents, subsidiaries, affiliates, including directors, employees, contractors and agents as well as partners, and licensors) disclaim any and all warranties and conditions, statutory or otherwise, (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement). Without limitation, BRS Golf does not warrant that the BRS Golf Platforms, or access to or use of the Services will:
- be uninterrupted;
- be free from inaccuracies, errors, viruses or other harmful components;
- meet your requirements; or
- operate in the configuration or with the version of Device or operating software you use.
LIMITATION OF LIABILITY
The following provisions only apply to individual Golfers and not Golf Clubs (or their Administrators). Golf Clubs (and their Administrators) should refer to their Partnership Agreement for their rights.
To the maximum extent permitted by law BRS Golf (its parents, subsidiaries and affiliates, including our directors, employees, contractors and agents as well as our partners, licensors and suppliers), exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any loss or damages, (including but without limitation to any direct, indirect, special, consequential, punitive or incidental) of profits; data or other intangibles; to goodwill or reputation; costs of substitute goods and services; denial-of-service attacks, to computer equipment, software or viruses; arising out of or related to the use, inability to use, delay in operation or transmission, interruption, performance or failures of the BRS Golf Platforms and/or Services, irrespective of whether such loss or damages were foreseeable, arising in contract, tort (including negligence) or otherwise.
THIRD PARTY WEBSITES AND CONTENT
For your convenience, the Services may provide links to websites of other persons or entities or information about third parties, such as advertisers, Golf Clubs, or their respective services, special offers, or other events or activities that are not owned or controlled by BRS Golf (“Third-Party Websites“). However, such third-party websites are not controlled by BRS Golf and BRS Golf shall not be responsible for the completeness or accuracy of any information hosted or provided by any Third-Party Websites or for deleting any such information. Your use of Third-Party Websites is at your own risk and subject to the applicable terms and conditions of such Third-Party Website. We:
- Make no warranty or other agreements regarding such Third-Party Website and linking does not imply an endorsement by us;
- Have no responsibility for the contents of such Third-Party Websites; and
- Will not be liable for any loss or damage caused by your use of or reliance on such Third Party Websites.
BRS Golf may terminate your password, Account (or any part thereof) or use of the Platforms or Services, or remove and discard any User Content or information stored, sent, or received via the Platforms/Service without prior notice and for any reason, including the following reasons:
- you permit any unauthorised access or use of your Account;
- tampering with or altering any of the software, data files or the Platforms or Services.
You agree to defend, indemnify and hold harmless BRS Golf and their respective directors, officers, employees, contractors and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from:
- any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your Account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy;
- any misrepresentation made by you in connection with your use of the Platforms/Services; and
- any breach of any representation, warranty or other terms or conditions relating to use of your User Content or the Platforms/Services.
BRS Golf and its Services are directed towards Golfers who are members of Golf Clubs residing in countries throughout the world. However, we do not represent that BRS Golf and all of its Platforms and Services are appropriate for use or available in certain locations.
Software within our Platforms and from the Services is further subject to export controls. No person or entity, residing or located in any country that is under any sanctions administered by the OFAC, the US State Department, the United Nations Security Council, the USA, United Kingdom, the European Union or any member thereof, Canada and Australia, may download or otherwise access the Services. Such countries include: Cuba, Iraq, Libya, North Korea, Iran, Syria, Afghanistan, and Sudan.
The following provisions only apply to individual Golfers and not Golf Clubs. Golf Clubs should refer to the Subscription Agreement for their rights.
All legal notices must be sent to:
Attn: Legal Department
Address: BRS Golf Limited, City Quays 1, 7 Clarendon Road, Belfast, Northern Ireland, BT1 3BG
Email: [email protected]
ADDITIONAL APPLICATION TERMS
BRS GOLF Limited is registered in Northern Ireland under company number NI606497 and has its registered office at City Quays 1, 7 Clarendon Road, Belfast, BT1 3BG. BRS Golf Limited’s UK VAT number is GB832 6364 29. BRS Golf is a subsidiary of GolfNow, LLC, an NBC Sports Next part of NBCUniversal Media, LLC.
© BRS Golf Limited.