THE TERMS AND CONDITIONS SET FORTH BELOW, THE PRIVACY POLICY, COMMUNITY GUIDELINES, AND ANY APPLICABLE CONTEST RULES (COLLECTIVELY, THE “TERMS”) ARE AN AGREEMENT BETWEEN YOU AND SWING BY SWING GOLF, INC. (“TSCC”). THESE TERMS GOVERN YOUR USE OF TSCC’S WEBSITE (THE “SITE”), THE INTELLECTUAL PROPERTY OF TSCC’S LICENSEE, HB STUDIOS, INCLUDING “THE GOLF CLUB” MADE AVAILABLE FOR GAMING CONSOLE OR PC, AS WELL AS RELATED SERVICES THAT ARE AVAILABLE THROUGH WEBSITES, MOBILE DEVICE APPLICATIONS, AND APPLICATIONS OR ONLINE PLATFORMS FOR STREAMING GAMEPLAY (COLLECTIVELY, THE “PLATFORMS”).

THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY PLATFORMS OR ANY INFORMATION CONTAINED ON THE PLATFORMS. YOUR USE OF THE PLATFORMS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

TSCC RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE PLATFORMS SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

YOU MUST BE A LEGAL RESIDENT OF THE U.S. OR CANADA AND AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE/TERRITORY OF RESIDENCE, WHICHEVER IS GREATER.  TO REGISTER ON THIS SITE AND/OR USE THE PLATFORMS FOR THIS CONTEST, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE/TERRITORY OF RESIDENCE, WHICHEVER IS GREATER.  IF YOU ACCESS ANY OF THE PLATFORMS FROM A SOCIAL NETWORKING SITE (“SOCIAL SITE”) YOU SHALL COMPLY WITH THE TERMS OF SERVICE/USE OF SUCH SOCIAL SITE AS WELL AS THESE TERMS. TO USE ANY OF THE PLATFORMS THROUGH A SOCIAL SITE, YOU MAY ALSO BE REQUIRED TO HAVE A VALID ACCOUNT ON THE SOCIAL SITE THROUGH WHICH YOU CONNECT TO THE PLATFORMS.  YOU ALSO ATTEST THAT YOU PURCHASED THE VIDEO GAME, THE GOLF CLUB, ON OR BEFORE MAY 22, 2017.

General Use Restrictions

All information, documents, products, software, games and services provided on this Site and/or the Platforms, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the “Materials”) are provided to you by TSCC or TSCC’s licensors or partner entities, as applicable. TSCC grants you the limited right to display the Materials only on your personal computer or video gaming console and related streaming applications, and to copy the Materials displayed on this Site and/or the Platforms, provided that: (1) both the TSCC copyright notice (set forth below) and this permission notice appear in the Materials so displayed or copied, (2) such display or copy is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. A subcategory of the Materials is software that is accessed through the Platforms (“Game Software”) and in addition to the license grant set forth above in this section, TSCC grants you the limited right to access and cache the Game Software solely for your noncommercial use in connection with your participation in this contest.

The Platforms may include downloadable software. In addition, TSCC makes certain downloadable software applications available for download and use in connection with various Platforms (the “Platform Software”). In addition to the license grant set forth above in this section, TSCC grants you the limited right to download the Platform Software solely for your noncommercial use.

These limited licenses terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of any of these limited licenses, you agree to immediately destroy any electronic or printed Materials or Platform Software, as applicable.

TSCC provides dynamic environments for virtual sports game play. You acknowledge and agree that that in the course of providing this dynamic environment, TSCC will, without providing notice, be making ongoing modifications and improvements to the Platforms, Game Software and/or to the Platform Software from time to time in the course of the operation and development of the Site and/or Platforms. Such changes may affect the performance and interaction of individual components of the games, performance of virtual items, contests and challenges available on the Site and/or through the Platforms.

In addition, you agree that TSCC retains the sole and unfettered right to change, remove or modify the available virtual items from time to time (which may among other things make one or more virtual items more or less effective or functional, more common or less common, or eliminated entirely). You may not use, distribute, develop, promote or facilitate use of cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the TSCC game experience to the detriment of fair play.

YOU HEREBY AGREE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM AGAINST TSCC OR ANY OF ITS EMPLOYEES WHICH IS RELATED TO OR BASED ON A CLAIM THAT YOU OWN OR ARE DUE VALUE FOR ANY VIRTUAL ITEM, INCLUDING WITHOUT LIMITATION RELATING TO THE MODIFICATION OR DELETION OF ONE OR MORE VIRTUAL ITEMS.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of TSCC. You agree that you shall not, under any circumstances: (i) exploit the games or any of its parts, including without limitation the Game Software, for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of TSCC; (ii) host, provide or develop matchmaking services for the game or intercept, emulate or redirect the communication protocols used by TSCC in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or (iii) extract content or data from the Site through data mining, robots, scraping or similar data gathering or extraction methods.

Content

The providers (“we”, “us”, “our”) of the service provided by this Site (“Service”) are not responsible for any user-generated content and accounts (“Content”). Content submitted express the views of their author only.

You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.

All Content you submit or upload may be reviewed by staff members. All Content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any Content that you consider to be private or confidential.

We reserve the rights to remove or modify any Content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any account with the Service at any time.

You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content.

These terms may be changed at any time without notice.

If you do not agree with these terms, please do not register or use this Service. If you wish to close your account, please contact us.

In-Game Skill Based Competitions

As part of regular TSCC game play, TSCC may sponsor and give you the opportunity to participate in Competitions (“Competitions”). You must be 18 years of age or older or the age of majority in the entrant’s state or province/territory of residence, whichever is greater, to participate and no purchase or payment is necessary to participate in such Competitions.

Competitions, where the winner obtains a physical or tangible prize, are open to individuals who are legal residents of the U.S. or Canada and 18 years of age or older or the age of majority in the entrant’s state or province/territory of residence, whichever is greater. To participate in certain Competitions where the winner obtains a physical or tangible prize, you may be required to submit to TSCC documentation to verify your eligibility and to verify your age and/or residency and, if the physical or tangible prizes you have obtained in a given year have a value over $600, a completed W-9 tax form.

Employees, officers, and directors of TSCC and its affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to enter or participate in Competitions. Void where restricted, taxed or prohibited by law.

For the avoidance of doubt, HB Studios, Carl’s Golfland and Amazon Inc. are not sponsors of any Competitions.

Third Party Content

Third parties may provide certain information and content to TSCC (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. TSCC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site and/or the Platforms (each a “Submission”), and that you, and not TSCC, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platforms are provided on a non-proprietary and non-confidential basis. You agree that TSCC shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant TSCC a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that TSCC agrees to use any personally identifiable information included in your Submissions in accordance with TSCC’s Privacy Policy located at http://www.swingbyswing.com/privacys. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO TSCC.

Term and Termination

TSCC reserves the right to terminate your access to your Account, your ability to access and post to the Site and/or the Platforms or to receive the services with or without cause and with or without notice, or for any action that TSCC determines is inappropriate or disruptive to the Site and/or the Platforms, services or to any other user of the Site and/or the Platforms and/or services. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, OBTAINED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TSCC IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SITE AND SERVICES ACCESSED THROUGH THE PLATFORMS AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

TSCC reserves the right to stop offering and/or supporting the Site or a particular game or part of the service on the Platforms at any time, at which point your license to use the Site and services or a part thereof will be automatically terminated. In such event, TSCC shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Site or services.

Termination of your Account can include disabling your access to the Site, Platforms and services or any part thereof including any content you submitted or others submitted.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of TSCC or others used on the Site and/or in the Platforms are the property of TSCC or their respective owners or licensors. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of TSCC or the respective owner, and nothing contained on this Site and/or in the Platforms grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Site and/or in the Platforms, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of TSCC unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless TSCC, its Sponsor and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site or Platforms or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that the Platforms may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by TSCC, and agree that TSCC does not warrant the accuracy or timeliness of the Materials and further agree that TSCC has no liability for any errors or omissions in the Materials, whether provided by TSCC or its licensors.

TSCC assumes no responsibility for: (i) games or tournaments that are interrupted for any reason including, but not limited to, the malfunction of computer equipment or data; (ii) activity on player accounts as a result of lost or stolen Account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by TSCC, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in TSCC or by any technical or human error which may occur in the processing of information you provide on the Site.

TSCC also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

The conditions in the game (wind, ground conditions, green speeds) may vary during play. TSCC assumes no responsibility, and shall not be liable for, any outcome of a game or tournament due to these conditions.

Although TSCC intends to make the Site available 24 hours per day, seven days per week, there can be no assurance that the Site will be available without interruption. TSCC reserves the right to cancel, terminate or suspend the Site in whole or in part at any time.

TSCC, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Acknowledgement

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE GAME SOFTWARE MAY MONITOR YOUR COMPUTER’S PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME SOFTWARE, AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY “BOT” OR “SPIDER” THAT IN TSCC’S SOLE DETERMINATION ENABLES OR FACILITATES CHEATING OF ANY TYPE OR ALLOWS USERS TO MODIFY OR HACK THE GAME SOFTWARE.

Limitation of Liability

BY PARTICIPATING IN A CHALLENGE OR ANY GAME OFFERED THROUGH THIS SITE AND/OR THE PLATFORMS,, YOU ACKNOWLEDGE AND AGREE THAT THE ABILITY TO USE AND ACCESS THE SITE INVOLVES TRANSMISSIONS OVER VARIOUS NETWORKS AND THAT SUCH ABILITY MAY BE IMPACTED BY THE TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. TSCC IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSMISSION OF INFORMATION, FOR PROBLEMS RELATED TO ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE SITE, A GAME, OR A CHALLENGE, FOR ANY HUMAN ERROR, FOR ANY INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION, FOR PROBLEMS RELATING TO COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE SITE OR YOUR ONLINE SERVICE, OR FOR ANY OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.

NEITHER TSCC NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE AND/OR THE APPLICATION(S), OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TSCC WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

General

TSCC controls and operates this Site and the Platforms from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site and/or the Platforms from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Connecticut law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site and/or the Application(s) only in the federal and state courts located in Hartford, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of TSCC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TSCC in writing. The Terms comprises the entire agreement between you and TSCC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Terms and Conditions of The Golf Club by HB Studios

You also agree to be bound to following HB Studios’ “The Golf Club” terms and conditions located here: http://www.thegolfclubgame.com/EULA/