These Spicy Golf Terms of Service (the "Terms") constitute a legal contract between you and Druid Golf, Inc. ("Druid Golf", "we" or "us"). Your use of the Spicy Golf application (the “Application”) and Spicy Golf services (the “Services”), as well as the Spicy Golf website located at https://spicy.golf (the "Site") is subject to and governed by these Terms. Unless otherwise specified, all references to the Services include the services available through the Application and the Site, as well as any features and functionality that enable you to access the Services and any Content (as defined below) or make any Submissions (as defined below). By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: https://spicy.golf.
Except as may be expressly set forth in the Terms, the Terms apply to the use of the Services by any user in whatever capacity, including without limitation as a customer (meaning persons using Spicy Golf to score golf games, and engage in ensuing conversations) or golf facility staff. Certain of the Terms apply only to specific categories of users, as set forth in the Terms. As used herein, (i) “non-commercial users” means golfers or players using the Services for scoring purposes, as permitted by these Terms and (ii) “commercial users” means individuals posting Content or making Submissions and others using the Services as golf facility staff, for player’s use.
Druid Golf may make changes to the Services and/or Site at any time. Druid Golf can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Application or the Site, by posting a notice on the Services or by notifying you via the Application. By using the Services after Druid Golf has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.
Much of the Content and Services provided by Druid Golf relate primarily to golf courses. Course-specific Content and Services may not be available in all locations. We may add to or remove the areas in which Content or Services are available or not available at any time, without notice to you.
By using the Application, you represent, acknowledge and agree that you are at least 18 years of age and, if your use of the Application includes making Submissions or accessing Content respecting any alcoholic beverage, at least 21 years of age. If you are not at least 18 years old (or 21 years old, as applicable), you may not use the Services at any time or in any manner, access any Content or make any Submissions using the Application or Services, or otherwise visit the Site.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services or Site, or any portion thereof, and block or prevent your future access to and use of the Services or Site, or any portion thereof.
As part of the Services, Druid Golf provides Content that may be copyrighted and/or trademarked work of Druid Golf or Druid Golf's third-party licensors and suppliers or other users of the Services (collectively, the "Content"). Content may include logos, text graphics, video, images, photos, software and other content. Content may include Submissions by other users.
Subject to these Terms, Druid Golf hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Content, to access the web site and to use the Services solely for your personal use. In the case of customers and other non-commercial users, such use shall be personal and shall be non-commercial. Except for the foregoing license, you have no other rights in the Services, any Submissions or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or any third-party Content in any manner.
No user of the Services or the Site, whether a commercial or non-commercial user, will be permitted to: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (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 Druid Golf 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. All users consent to such automatic upgrading, and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to the use of the Application or the Site.
Except for the limited rights expressly licensed in these Terms, Druid Golf and its third-party licensors or suppliers retain all right, title, and interest in and to the Services. If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Content.
Please review the Spicy Golf Privacy Policy (the "Privacy Policy") on the Site, which explains how we use and disclose information that we collect from and about you. By using our Services, you agree that we may use and disclose the information we collect from and about you as stated in the Privacy Policy (which is incorporated into these Terms). Without limiting the foregoing, you expressly acknowledge that any Submissions (defined below) or other information you submit to a Spicy Golf feed may be viewable by all other users of the Services and any third party.
Whether you are a commercial or non-commercial user, you are responsible for any questions, comments, discussions, responses, communications, conversations, information, handles, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services or the Site (each a "Submission"). When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" section below. Although Druid Golf may, in its sole discretion, monitor, screen, modify, refuse, remove or edit Submissions for any reason, Druid Golf is not obligated to do so. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness and will be solely liable for any damage or harm resulting from your Submissions.
We may retain your Submissions, even after they have expired from view within the Services or on the Site or even after you have deleted them. However, you agree that we have no obligation to retain any Submission or any communications to or by you with other users for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission or any other communication. Notwithstanding the foregoing, you will not be responsible for any Submission made by any other party, including in conversations with other players, golf staff, or experts.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Druid Golf a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same ("Submission License"). Without limiting the foregoing, you agree that the Submission License gives Druid Golf the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Submissions in any and all media or distribution methods, now known or later developed or in connection with any questions, comments, discussions, responses, communications involving or incorporating any of your Submissions. No use of Submissions in accordance with the Submission License shall entitle you to any compensation from Druid Golf, or any third party. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services.
When using the Services or accessing the Site, you agree not to:
This list of prohibitions provides examples and is not exhaustive or exclusive. Druid Golf reserves the right to (a) suspend or terminate access to your account and your ability to post to the Services or the Site (or otherwise use the Services), (b) delete, remove or refuse to distribute any Submissions and/or (c) reclaim user names or handles, all with or without cause and with or without notice, for any reason or no reason without liability to you. If Druid Golf believes a Submission violates these Terms, it may make that Submission invisible to other users without notifying you. Druid Golf may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Druid Golf's discretion, Druid Golf will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Content or Third-Party Content may violate certain laws and regulations. You agree to indemnify and hold Druid Golf and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Druid Golf or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the Site, or the use of the Services or the Site by any person using your user name and/or password, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Your use of the Application, Services and the Site is at your own risk. We do not undertake to monitor, analyze, edit, review, redact or evaluate any responses that you may receive from any other user of the Services or the Site, including without limitation customers, consumers, experts, golf staff, suppliers or other users of the Services or Site. The Content may not have been verified or authenticated in whole or in part by Druid Golf, and may include inaccuracies or typographical or other errors.
Any commercial user or other business is responsible for the use of its trademarks and Druid Golf will have no obligation to take any steps to protect such trademarks. Druid Golf does not warrant that any comment posted by a potential customer is a legitimate comment posed for the purpose of interacting with another player or other third party. Druid Golf does not warrant that any advice or recommendation given by customers, consumers, experts, golf staff, suppliers or other users represents a good faith attempt at benefiting others or that such advice or recommendations, if followed would be of benefit to any user of the Services.
Druid Golf does not warrant the accuracy or timeliness of the Content contained on the Services or the Site. Druid Golf has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Content or any other aspect of the Services or the Site, whether provided by Druid Golf, our licensors or suppliers or other users.
DRUID GOLF, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, THE SITE OR ANY CONTENT RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT OR MATERIAL CONTAINED OR PRESENTED ON THE SITE OR PROVIDED AS PART OF THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE, AND THE CONTENT, SUBMISSIONS AND MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, DRUID GOLF DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
IN NO EVENT WILL DRUID GOLF BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF DRUID GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, DRUID GOLF SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, CONTENT OR SUBMISSIONS TO OR FROM THE SERVICES OR THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THE SITE. YOUR ONLY REMEDY AGAINST DRUID GOLF FOR DISSATISFACTION WITH THE SERVICES OR SITE IS TO STOP USING THE SERVICES OR THE SITE, AS APPLICABLE. IF, NOTWITHSTANDING THESE TERMS, DRUID GOLF IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR THE SITE, DRUID GOLF'S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONs MAY NOT APPLY TO YOU.
Druid Golf controls and operates the Services and the Site from its headquarters in the United States and the Services may not be appropriate or available for use in other locations. You are responsible for following applicable laws and regulations in your jurisdiction, including but not limited to laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Druid Golf, the Services, the Site, any Submissions or any Content, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Druid Golf is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Druid Golf is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Please read the following provision (the "Provision") carefully; it requires you to arbitrate disputes with Druid Golf and otherwise limits the ways you can seek remedies from us.
Many customer concerns can be resolved quickly and to a customer's satisfaction by contacting us. We ask that you please contact us if you have any concerns.
This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Druid Golf. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
This provision provides that all Disputes between you and Druid Golf shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees).
For the purpose of this Provision, "Druid Golf" means Druid Golf, Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, contractors and agents. The term "Dispute" means any dispute, claim, or controversy between you and Druid Golf regarding any aspect of your relationship with Druid Golf, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services, advice, recommendations, products provided or billed to you (such as Druid Golf's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give Druid Golf an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Druid Golf, Inc., 1261 Citadel Dr. NE, Atlanta GA 30324. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Druid Golf does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or Druid Golf may choose to pursue a Dispute in court and not by arbitration if (a) given the nature and amount of the Dispute, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to Druid Golf, Inc., 1261 Citadel Dr. NE, Atlanta GA 30324. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Druid Golf through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Druid Golf. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Organization: If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Druid Golf may initiate arbitration proceedings. The American Arbitration Association ("AAA"), http://www.adr.org/, or JAMS, http://www.jamsadr.com/, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at http://www.jamsadr.com/ or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services, the Site and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: You or Druid Golf may initiate arbitration in either DeKalb County, Georgia, or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Druid Golf may transfer the arbitration to DeKalb County, Georgia in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs: Druid Golf will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Druid Golf as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Druid Golf specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Druid Golf are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Druid Golf might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Provision, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Druid Golf or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Druid Golf makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Druid Golf to adhere to the language in this Provision if a dispute between us arises.
The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in DeKalb County, Georgia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Druid Golf's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Druid Golf and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Druid Golf about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Druid Golf respects the intellectual property rights of others. If you believe that your intellectual property appears on the Services in violation of your copyright, please provide Druid Golf's designated agent the following information:
Druid Golf's agent for notice of claims of intellectual property infringement on the Services can be reached as follows:
Druid Golf, Inc.
Attn: Copyright Agent
1261 Citadel Dr. NE
Atlanta, GA 30324
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Druid Golf designated agent that includes all of the following information:
If you have any questions about the Terms or otherwise need to contact Druid Golf for any reason, you can reach us at:
Druid Golf, Inc.
Attention: Legal
1261 Citadel Dr. NE
Atlanta, GA 30324
brad@druid.golf