Onebirdie at a time.........

Terms & conditions

You have arrived at our terms and conditions for use of this Site by you. These terms and conditions, together with the Privacy Policy, form this Agreements.

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.

(1)      Introduction

These terms of use govern your use of our website/mobile app; by using our website/mobile app, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website/mobile app.

You must be at least 18 years of age to use our website/mobile app/mobile app as this website/mobile app allows networking and setting up golf rounds with adults 18 and over. By using our website/mobile app and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

Our website/mobile app may use cookies. By using our website/mobile app and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

(2)      Credit

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 may view, download for caching purposes only, and print pages or other content from the website/mobile app for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

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

In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website/mobile app, for whatever purpose.

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.

You warrant and represent that your content will comply with these terms of use.

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.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, 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 golf@onebirdie.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

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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. 

(9)      Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(10)    Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website/mobile app, prohibiting you from accessing the website/mobile app, blocking computers using your IP address from accessing the website/mobile app, contacting your internet service provider to request that they block your access to the website/mobile app and/or bringing court proceedings against you.

(11)    Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website/mobile app from the date of publication of the revised terms of use on our website/mobile app.

(12)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(13)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(14)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(15)    Entire agreement

Subject to the first paragraph of Section [8], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website/mobile app and supersede all previous agreements in respect of your use of our website/mobile app.

(16)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with US State and Federal laws, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the state and federal courts of USA.

(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.