The following terms and conditions (the "Golf Course Architecture Archive Terms of Use" or "Archive Terms of Use") apply to your access to and use of the Golf Course Architecture Archive area of the USGA Museum Site (referred to herein as the "Golf Course Architecture Archive Site" or the "Archive Site"). The Golf Course Architecture Archive Site is made available by the United States Golf Association ("USGA" or "us" or "we").

 

These Archive Terms of Use are incorporated by this reference into the general USGA Terms of Use (the "General Terms of Use"), which are currently located at http://www.usga.org/info/terms_of_use.html, and which are applicable to all USGA Web sites, including the Golf Course Architecture Archive Site. In the event of any inconsistency between these Archive Terms of Use and the USGA Sites General Terms of Use, the provisions of these Archive Terms of Use shall prevail.

 

We may change these Archive Terms of Use from time to time, by posting such changes on the Archive Site, and such changes will be effective upon any further use of the Archive Site. BY USING THE ARCHIVE SITE, YOU ACCEPT AND AGREE TO THESE ARCHIVE TERMS OF USE AS APPLIED TO YOUR USE OF THE ARCHIVE SITE. If you do not agree to these Terms of Use AND THE GENERAL TERMS OF USE, please do not access or otherwise use the ARCHIVE Site.

 

1.     Archive Site Content & USGA Proprietary Rights. Through the Archive Site, USGA has created a digital archive of golf course architecture content and information, which includes content (such as audio, video, photographs, illustrations, renderings, graphics, logos, other visuals, copy and software), software code, data and other information and materials (collectively, the "Archive Site Content"). The Archive Site, in whole and in part, including the Archive Site Content, is either owned, or licensed from third parties, by USGA (or otherwise used by USGA as permitted under applicable laws). As between you and USGA, and except for your Submitted Materials (as defined below), USGA owns, solely and exclusively, all rights, title and interest in and to the Archive Site, all the Archive Site Content, the look and feel, design and organization of the Archive Site, and the compilation of the Archive Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Archive Site does not grant to you ownership of any part of the Archive Site, including any Archive Site Content.

 

2.     Limited License. You may access, view and use the Archive Site and the Archive Site Content on your computer or other Internet-capable device, in accordance with these Archive Site Terms of Use or any other rules or restrictions that may posted in connection with particular content on the Archive Site. Any commercial use, distribution, publishing or exploitation of the Archive Site, or any Archive Site Content, is not allowed unless you have received the express prior written permission of USGA or the applicable rights holder.

 

3.     "My Archive" Section. By registering on the Archive Site, you may create an "Archive" in the "My Archive" area of the Archive Site, which you may access by username and password, and into which you may copy and save your selected pieces of Archive Site Content (which may include, depending on your selections, your Submitted Materials, as defined and further described below in Section 5).

 

4.     User Accounts. In order to access and browse the Archive Site Content, and to create the "My Archive" Section (as described above) and submit your own content, information and materials to the Archive Site, you will need to first register on the Archive Site, and submit certain personal information. USGA's information collection and use policies with respect to user information are set forth in USGA's Privacy Policy which is incorporated herein by reference for all purposes. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for the confidentiality of and for all activities that occur under your username or password. USGA reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Archive Site for any reason, including without limitation for extended periods of inactivity.

 

5.     Submitted Materials. Unless specifically requested, USGA does not solicit, nor does USGA wish to receive, any confidential, secret or proprietary information or other material from you through the Archive Site, by e-mail or in any other way. Any information, proposals, requests, drawings, renderings, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to USGA on or through the Archive Site in any manner (including, for example, without limitation, via the "Add to Archive" section of the Archive Site) (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be used by USGA in any manner consistent with these Archive Terms of Use and the USGA's Privacy Policy.

 

By submitting, uploading, posting, or sending Submitted Materials to or on the Archive Site, (i) you understand that your Submitted Materials that have been accepted by USGA may be made available to all users of the Archive Site to use in accordance with these Terms of Use; (ii) you represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Archive Site for USGA's use in accordance with these Archive Terms of Use and the purposes described on the Archive Site, and that any "moral rights" in the Submitted Materials have been waived; and (iii) you grant to USGA (and its affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Archive Site), products or services in any form, media, or technology now known or later developed. USGA cannot be responsible for maintaining any Submitted Material that you provide to USGA, and USGA may delete or destroy any such Submitted Material at any time. The USGA reserves the right to accept or reject any Submitted Materials in its sole discretion, including, but not limited to, rejection of non-institutional links, as well as commercial or self promotion materials. Upon termination of your "My Archive" account for any reason, USGA will delete your materials from your My Archive account, but may retain your Submitted Materials on the Archive Site.

 

6.     Rules of Conduct. In addition to any other rules set forth in the General Terms of Use, while accessing or using the Archive Site, the Archive Site Content and/or the various other features available on the Archive Site, you agree that you shall not:

     1     

impersonate any person or entity or misrepresent your affiliation with any other person or entity;

     2     

insert your own or a third party's advertising, branding or other promotional content into any of the Archive Site Content;

     3     

obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Archive Site through any means, including through means not intentionally made publicly available or provided for through the Archive Site;

     4     

engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Archive Site, or obtaining lists of users or other information from or through the Archive Site, including, without limitation, any information residing on any server or database connected to the Archive Site;

     5     

use the Archive Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Archive Site or interfere with any other party's use and enjoyment of the Archive Site, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;

     6     

circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else's attempt to do any of the foregoing) with the Archive Site or its services or any software on the Archive Site; or

     7     

use the Archive Site or its services (or any Archive Site Content), in whole or in part, in violation of any applicable law.

 

7.     More Rules of Conduct. In addition to the above, and any other rules set forth in the General Terms of Use or that may be set forth elsewhere on the Archive Site, you also agree not to:

     1     

upload, post, transmit, distribute or otherwise publish to, on or through the Archive Site, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

     2     

violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; or

     3     

upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind.

 

8.     DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY. IN ADDITION TO THE DISCLAIMERS OF WARRANTY, AS WELL AS ANY LIMITATIONS OF USGA'S LIABILITY, SET FORTH IN THE GENERAL TERMS OF USE, USGA MAKES NO WARRANTY THAT THE ARCHIVE SITE WILL MEET USERS' REQUIREMENTS. USGA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE ARCHIVE SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE ARCHIVE SITE. IF YOU ARE DISSATISFIED WITH THE ARCHIVE SITE, DISCONTINUE USING THE ARCHIVE SITE. USGA DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY ARCHIVE SITE CONTENT OR ANY SUBMITTED MATERIALS, AND USGA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION CREATED BY OR PROVIDED BY USERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LINKS TO OR CONTENT CONTAINED ON THIRD PARTY WEB SITES.

FURTHER, IN NO EVENT SHALL THE USGA, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE ARCHIVE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF USGA, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE ARCHIVE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE USGA FOR YOUR USE OF THE ARCHIVE SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS ARCHIVE SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

 

9.     Indemnification. In addition to and without limitation of the indemnification obligations set forth in the General Terms of Use, you agree to defend, indemnify and hold USGA and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of any Archive Site Content and (ii) your Submitted Materials, in whole or in part, to the Archive Site. USGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

 

10.     Copyright. We respect the intellectual property rights of others, and require that the people who use the Archive Site do the same. USGA maintains a policy that provides for the termination in appropriate circumstances of the Archive Site use privileges of users who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to USGA's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), ("DMCA") named below:

     1     

Your address, telephone number, and email address;

     2     

A description of the copyrighted work that you claim has been infringed;

     3     

A description of where the alleged infringing material is located;

     4     

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

     5     

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

     6     

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Copyright Agent:

Belinda Berman
United States Golf Association
77 Liberty Corner Road
Far Hills, NJ 07931
Phone: (908) 234-2300 x 1034
Fax: (908) 719-9593
Email: DMCA-agent@usga.org

Effective Date: April 3, 2009

 

We will respond to allegations of copyright violations in accordance with the DMCA. Museum questions unrelated to the DMCA should be addressed to museum@usga.org.

 
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