This Agreement is a binding agreement between you and Onebirdie LLC. It also sets out some of the terms and conditions governing the offering and procurement of projects and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions then you should not accept them.
We will provide you with the Services only once you have accepted the terms and conditions of this Agreement by clicking on the "I ACCEPT" button when registering with us.
This document was created using an SEQ Legal template.
(3) Licence to use website/mobile app
Unless otherwise stated, we or our licensors own the intellectual property rights in the website/mobile app and material on the website/mobile app. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website/mobile app (including republication on another website/mobile app);
(b) sell, rent or sub-license material from the website/mobile app;
(c) reproduce, duplicate, copy or otherwise exploit material on our website/mobile app for a commercial purpose;
(d) edit or otherwise modify any material on the website/mobile app; or
(e) redistribute material from this website/mobile app except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(4) Acceptable use
You must not use our website/mobile app in any way that causes, or may cause, damage to the website/mobile app or impairment of the availability or accessibility of the website/mobile app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website/mobile app to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website/mobile app without our express written consent.
You must not use our website/mobile app to transmit or send unsolicited commercial communications.
You must not use our website/mobile app for any purposes related to marketing without our express written consent.
(5) Restricted access
Access to certain areas of our website/mobile app is restricted. We reserve the right to restrict access to other areas of our website/mobile app, or indeed our whole website/mobile app, at our discretion.
If you generate a user ID and password to enable you to access restricted areas of our website/mobile app or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website/mobile app arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website/mobile app, unless you have that person's express permission to do so.
We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
(6) User content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website/mobile app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website/mobile app, or stored on our servers, or hosted or published upon our website/mobile app.
(6-a) Pledge Module
Pertaining to pledge creator who posts pledge(s): All pledges are to be made in US dollar currency system. Multiple pledges can be posted but each pledge is limited to maximum of $100. Pledge will be deemed fulfilled if accumulated amount of money from paid and posted birdies dedicated to that particular said pledge equals or exceeds the amount of pledge pledged by pledge creator. Once the pledge is fulfilled the pledge creator agrees to uphold the pledge and submits payment to the specified recipient of said pledge within ten business days of pledge fulfillment. Pledge creator agrees to submit proof of donation to Onebirdie LLC at email@example.com.
If pledge creator fails to uphold the pledge the individual and his or her company will be listed in open and public "Hall of Shame" until the pledge is fulfilled.
For each fulfilled pledge Onebirdie LLC will match 50% of that particular pledge to be submitted to specified recipient of said pledge.
Pertaining to users who post birdies to pledge(s): All payments are to be made in US dollar currency system using Paypal with option to use credit cards as offered within Paypal window. Paypal functionalities are outside the realm of Onebirdie LLC. User agrees to pay $1 for each birdie posted either real or virtual. Each user can post birdies to multiple pledges with maximum of 5 birdies per pledge per month. This means there is no limit in the number of birdies that can be posted by a user but each pledge is limited to accepting 5 birdies per month per user. The birdies will be posted and counted only after payment is complete. Once the birdies are posted in "Most Recent Rounds" window the fees associated with posting birdies is nonrefundable even if the entry is deleted by the user.
Onebirdie LLC reserves the right to modify rules and policies regarding Pledge Module without notice. However, all changes will be posted prior to taking effect.
(6-b) Mobile App
Pertaining to Onebirdie mobile app functionality. By agreeing to this terms and conditions the user understands and accepts the following: Each registered user will be designated on the map in "map window" of mobile app but exact location will not be revealed to other users. Only the mobile app account holder and logged in user will see on the map within normal range of actual location but all other users on the map will NOT be actual location of other users. Each other user will be designated within general local area of actual location but not exact location for security and privacy protection.
The mobile app is in the stage of on going development and will be updated as new features are added. By no means this mobile app is inteded for use other than contacting and arranging round of golf. It is not and should not be considered a general communications or chat application. All provisions pertaining to the use of this mobile app with current and future functionalities and liabilities are as contained in this terms and conditions.
(7) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website/mobile app; nor do we commit to ensuring that the website/mobile app remains available or that the material on the website/mobile app is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website/mobile app and the use of this website/mobile app (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
To the extent that the website/mobile app and the information and services on the website/mobile app are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Additional Limitations and Exclusions of Liability pertaining to website/mobile app modules:
a) We will not be liable for "failed arrival", "late arrival", "lack of communication", "wrong reservation time, date, or course information" provided by the user of this website/mobile app or caused by internet virus or computer glitch. Onebirdie LLC will try its best within its ability to identify and fix any computer glitch brought to attention or discovered.
b) We will not be liable for cancellation fees imposed by golf courses. It is up to the reservation holder to cancel in appropriate time as allotted by individual courses.
c) Onebirdie LLC does not guarantee absence of, and is not liable for, malicious user behavior such as but not limited to false representation of golf skills, age bracket, or other user data collected during registration, false reservation posting, last minute cancellation, stalking, or any other type of behavior that would be considered fraudulent or criminal.
d) Onebirdie LLC does not guarantee successful formation of golf group.
e) Onebirdie LLC reserves the right to delete any registered active user account on the basis of fraud or abusive behavior to the site itself or another user.
f) When a user requests to join a non-team member's "open to public" event, the requester's email will be revealed to the host and other users who are participating in the same event.
g) Onebirdie LLC does not guarantee a particular pledge will be honored and paid by pledge creator. All efforts will be made directly and indirectly to fulfill the pledge by pledge creator.
h) Onebirdie LLC does not guarantee the onebirdie.com website/mobile app and all its modules and functionalities are glitch or error free. All efforts will be made to correctly fix the glitch or error as they are discovered with time.
(14) Exclusion of third party rights
(15) Entire agreement
(16) Law and jurisdiction
(17) Our details
The full name of our company is ONEBIRDIE LLC.
Address is PO Box 4849, La Puente, CA 91747
You can contact us by email to Golf@onebirdie.com.