Terms & Conditions of Use

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use (“Site Terms”) apply to your use of this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with the EGA, and/or its affiliates.

 

Ownership of the Site and its Contents

This Site is owned by the EGA. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“EGA Content”), is owned by the EGA, its licensors, or its third-party image partners and all rights are reserved.

All parts of the Site, including the EGA Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. When applicable, RSS feeds and podcasting are free services offered by the EGA to individuals for private, non-commercial use. The RSS feed is a means by which the EGA offers article headlines, descriptions and links in XML to individuals who use RSS readers or aggregators. A podcast is an audio/video channel to which individuals can subscribe. The EGA makes podcasts available to individuals for their own personal use. RSS and podcasting aggregators may incorporate the EGA feeds into their directories for the benefit of individuals using the aggregator. 

Any other use is prohibited, including copying, reproducing, republishing, uploading, posting, transmitting, editing or distributing our feeds or podcasts in any way by any means unless you have prior written permission from the EGA. The EGA reserves the right to discontinue feeds and podcasts at any time.

Use of the Site

You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the EGA Content without, or in violation of, a written license or agreement with the EGA; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the EGA Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any EGA product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the EGA Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. 

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Switzerland or the country in which you reside.

EGA Trademarks, the EGA logo, and any other service name or slogan contained in the Site are trademarks of the EGA, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the EGA. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the EGA and may not be copied, imitated or used, in whole or in part, without our prior written permission. 

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use an EGA logo or other proprietary graphic of the EGA to link to this Site without the express written permission of the EGA. Furthermore, you may not frame any EGA trademark, logo or other proprietary information, including the EGA Content, without EGA express written consent.

Detailed requests can be sent to info@ega-golf.ch 

The EGA makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of the EGA and the EGA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The EGA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the EGA of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. 
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the EGA shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to the EGA, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify EGA immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to the EGA. 
Any personal data submitted by the visitor to this Site will not be used for any direct marketing or unsolicited follow-up unless the EGA has previously informed the visitor of this possible use and the visitor has given the EGA his express permission.

Indemnification

You agree to defend, indemnify and hold harmless the EGA, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the EGA Content, or your violation of any rights of another.

Disclaimer

THIS SITE AND THE EGA CONTENT ARE PROVIDED “AS IS” AND THE EGA AND ITS EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE EGA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE EGA CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE EGA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE EGA CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE EGA CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

The EGA uses reasonable efforts to ensure the accuracy, correctness and reliability of the EGA Content, but we make no representations or warranties as to the EGA Content’s accuracy, correctness or reliability.

The EGA offers a search feature within the Site. The EGA explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. The EGA also disclaims any responsibility for the completeness or accuracy of any directory or search result. 

Limitation of Liability

IN NO EVENT SHALL THE EGA, ITS MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE EGA CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE EGA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE EGA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE EGA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE EGA FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Arbitration

This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland. 

Any dispute arising from or in connection with your use of the Site or the EGA Content which cannot be settled amicably, shall be finally settled, to the exclusion of the ordinary courts, in accordance with the Statute and Regulations of the Court of Arbitration for Sport. The parties undertake to comply with the said Statute and Regulations, and to enforce in good faith the award to be rendered. The seat of arbitration shall be at Lausanne, Switzerland.

Termination

Notwithstanding any of these Site Terms, the EGA reserves the right, without notice and in its sole discretion, to block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by the EGA. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms

The EGA reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.