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Community website (“Service”), and GolfLogix Smartphone Application
(“Product”). By using the GolfLogix website and/or the GolfLogix application
you (“the User”) agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should not continue usage
of this website, nor download the application. We reserve the right, at any time,
to modify, alter, or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being posted at Golflogix.com.
Your continued use of the Service and Product after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications.
GolfLogix provides the User with a golf community website that includes golf round
statistic tracking and analysis and social media services. In addition, GolfLogix
allows the User to download the GolfLogix application to a compatible Smartphone
to track golf statistics, provide golf course distances and other features related
to playing a round of golf.
To utilize both GolfLogix’ Product and Service, Users must provide (1) all equipment
necessary for their own Internet connection, including computer and modem, (2) provide
cell phone service including data services and (3) pay any fees relate with such
connections and services to the individual carriers. Some GolfLogix applications
provide a mobile application for free. Please be aware that a User’s normal carrier's
rates and fees, such as text messaging fees, will apply. The user is responsible
for any additional charges that may be incurred through the User’s carrier.
In the event you change or deactivate your mobile service, Users are responsible
for updating or canceling all account information on the GolfLogix website within
14 days to ensure proper communication and billing.
GolfLogix does not charge any fee for the User to participate in the GolfLogix community
website Service. The User can opt to download the Smartphone application Product
at no charge and be a Club Member at no charge. The User may opt, at their discretion,
to upgrade to a Champion Member whereby annual dues will be specified and paid in
advance by credit or debit card.
Champion Members payment is due annually on the anniversary of the date of membership
and membership dues will continue unless a User cancels their membership by contacting
GolfLogix’ Customer Service via phone, email or in writing. The User will be charged
at the rate in effect at the time of renewal. A Champion Membership can be cancelled,
terminated or discontinued by the User or GolfLogix, at its sole discretion, at
By agreeing to become a member of the GolfLogix community, a User is automatically added as
a member to GolfNow, a separate entity that provides exclusive GolfLogix member discounts and
tee time emails. GolfNow is a third-party alliance partner to GolfLogix and, as such, is solely
responsible for availability of, support of, or the content located on or through its third-party
policies of third-parties sites.
The User is responsible for notifying GolfLogix of any change in name, billing address,
email, telephone, credit card or other account information to insure uninterrupted
service. To cancel GolfLogix service, the User must contact GolfLogix’ customer
support department at 1-877-977-0162 or email: firstname.lastname@example.org.
GolfLogix reserves the right to change membership fees and other charges at any
time with or without prior notice.
The User agrees to allow GolfLogix to send information regarding the Product and
Service from time to time. This information may be of a corporate, promotional,
third-party advertising, or product nature. GolfLogix may contact the User via email,
billing address, the GolfLogix smartphone application or through member contact
on the Service website. At any time the User may opt out of receiving such information
by following the specified procedure to opt-out, unsubscribe or block an application
or by contacting GolfLogix’ customer support department at 1-877-977-0162 or email:
email@example.com. For more information on GolfLogix’ use of member information,
The Service and Product are provided by GolfLogix on an ‘as is’ and on an ‘as available’
basis. To the fullest extent permitted by applicable law, GolfLogix makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of the Service and Product in terms of its correctness, accuracy, reliability, or
otherwise. GolfLogix shall have no liability for any interruptions in the use of
the Product or Service. GolfLogix disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties; therefore the above-referenced exclusion is inapplicable.
GolfLogix does not warrant that its Product or Service will operate error-free or
that its application, website and server are free of computer viruses and other
harmful goods. If the User’s use of GolfLogix Product or Service results in the
need for servicing or replacing equipment or data, GolfLogix is not responsible
for those costs.
GOLFLOGIX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GOLFLOGIX
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF GOLFLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Users agree to indemnify and hold GolfLogix, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or infringement by a User,
or other User of the Service using a GolfLogix membership privilege, of any intellectual
property or any other right of any person or entity.
Users agree to not use the Service to: (i) upload, post, email or otherwise transmit
any content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii)
impersonate any person or entity, including, but not limited to, a GolfLogix official,
forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation
with a person or entity; (iv) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted through the Service;
(v) upload, post, email or otherwise transmit any content that User does not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
(vi) upload, post, email or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such as a marketplace
or classifieds) that are designated for promotional purpose; (viii) upload, post,
email or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment; (ix) disrupt
the normal flow of dialogue or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges; or (x) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the
Service. GolfLogix shall have the right, but not the obligation, to monitor the
content of the GolfLogix website, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by GolfLogix
and to satisfy any law, regulation or authorized government request. GolfLogix shall
have the right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on the GolfLogix website.
GolfLogix reserves the right to modify or discontinue the Service and Product with
or without notice to a User. GolfLogix shall not be liable to a User or any third
party should GolfLogix exercise its right to modify or discontinue the Service,
Product, or any of the Product Features at any time. Member acknowledges and accepts
that GolfLogix does not guarantee continuous, uninterrupted or secure access to
our website or product and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. Users acknowledge that GolfLogix
is not responsible for the availability of, or the content located on or through,
any third-party site. Users should contact the site administrator or webmaster for
those third-party sites if Users have any concerns regarding such links or the content
privacy policies of each site, and we are not responsible therein. GolfLogix encourages
Any dealings with advertisers found on the GolfLogix site are solely between the
User and that advertiser. GolfLogix shall not be responsible for, or liable for,
any losses or damages that occur in any dealing Users may have with any advertisers
on the website. Users agree to assume the sole risk in dealing with any of said
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While GolfLogix makes every effort
to ensure that the information on its website is accurate, we make no representations
or warranties as to the accuracy or reliability of any information provided on this
website. Any reliance on representations and warranties provided by any Vendor shall
be at a User’s own risk.
Our website is operated and provided in the State of Arizona. As such, we are subject
giving effect to any choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject to the
internal laws of the State Arizona.
User assumes all knowledge of applicable law and is responsible for compliance with
any such laws. User may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
User further agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
All content included or available in the GolfLogix product application and websiteincluding
site design, text, graphics, golf course data/layout, interfaces, and the selection
and arrangements thereof is the property of GolfLogix and/or third parties protected
by intellectual property rights. Any use of materials on the websiteor application,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of GolfLogix is strictly prohibited. Users agree that they will not use
any robot, spider, or other automatic device, or manual process to monitor or copy
GolfLogix web pages or the content contained therein without prior written permission
of an authorized officer of GolfLogix. GolfLogix is a registered trademark of GolfLogix,
Inc. GolfLogix’ trademarks may not be used in connection with any product or service
that is not provided by GolfLogix, nor is it to be used in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
GolfLogix. All other trademarks displayed on GolfLogix’ website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the websites of
Vendors is not intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with GolfLogix.
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
herein may be assigned by GolfLogix, in our sole discretion, to a third party in
addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a User. User agrees that by accepting this
GolfLogix, Inc. is committed to respecting your privacy and recognizing your need
for appropriate protection and management of Personally Identifiable Information
Personally Identifiable Information or Non-Personally Identifiable Information GolfLogix
obtains about visitors to our Site, how the information is obtained, how it is used,
and the choices you have regarding our use of, and your ability to review and correct,
The information we collect on our application and our Site generally falls into
the following two categories: Personally Identifiable Information and Non-Personally
This refers to information that lets us know the specifics of who you are. The Personally
Identifiable Information we collect when you use our Site or register and download
our application may include your name, mailing address, phone number, e-mail address,
company name, login name, passwords, job title and more. This is accessible in your
GolfLogix profile area of the site. We request Personally Identifiable Information
when you register for our application, correspond with us, complete our questionnaire
and/or request sales information. It is clear when you are on a part of our Site
that requires personal information, because we will ask you for it and you will
need to complete a form or e-mail.
This refers to information that does not by itself identify a specific individual.
The non-personally identifiable data we collect when you visit the GolfLogixSite
may include the Uniform Resource Locator ("URL") of the website that you came from
before visiting our Site, which pages you visit on our Site, which URL you go to
next, which browser you used to come to our Site, your Internet Protocol ("IP")
address, and any search terms entered on our Site. This Statement also contains
We do not connect the Personally Identifiable Information and Non-Personally Identifiable
Information we collect on our Site.
Our primary goals in collecting information are to provide customers with superior
service and to provide all visitors a smooth, efficient, and personalized experience
while using our Site. We use Non-Personally Identifiable Information on an aggregated
basis to analyze customer behavior to help us understand how visitors use our Site
and to measure interest in the various pages. We use this information to improve
the content of our Site, to make our Site easier to use, and to customize our news
distribution, advertising and promotion.
Our web servers may automatically recognize a visitor's domain name (such as .com,
.edu, etc.), the web page from which a visitor enters our site, which pages a visitor
visits on our site, and on some sites, how much time a visitor spends on each page.
This information does not reveal a visitor's identity. We aggregate this information
and use it to evaluate and improve our Sites. There may be times, such as requesting
sales information, at which we ask you to provide certain information about yourself,
such as your name, street address, telephone number, e-mail address, title, etc.
Whether or not to provide such information is completely your own choice. But if
you choose not to provide the information we request, you may be unable to certain
services, offers, and content on our Site and in our application
We use the Personally Identifiable Information you provide for internal business
operations and to respond to your support requests in a timely fashion. From time
to time we might establish a business relationship with other persons or entities
that we deem trustworthy and whose privacy policies are consistent with ours. In
such cases we might share information, including Personally Identifiable Information
about you, that will enable such persons or entities to contact you regarding products
and services that may be of interest to you.
Although unlikely, in certain instances we may be required to provide Personally
Identifiable Information in response to a court order, subpoena, or government investigation.
We also reserve the right to report to law enforcement agencies any activities that
we in good faith believe to be unlawful. We may release certain Personally Identifiable
Information when we believe that such release is reasonably necessary to enforce
or apply our Terms and Conditions or to protect the rights, property, and safety
of others and ourselves.
Our website uses "cookies." A cookie is a small amount of data that is sent to your
browser from a web server and stored on your computer's hard drive. Generally, we
accept certain cookies, by adjusting the preferences in your browser. If you turn
off cookies, though, there may be some features of our Site that will not be available
to you and some Web pages may not display properly. You can find information on
how you can control cookies and periodically delete collected cookies from popular
search engines or through your computer manufacturer.
We use sophisticated encryption and authentication tools to protect the security
of your personal information. Unfortunately, no data transmission over the Internet
can be guaranteed to be 100% secure. As a result, while we strive to protect your
personal information, we cannot guarantee or warrant the security of any information
you transmit to or from our Site, and you do so at your own risk. Once we receive
your transmission, we will do our best to protect its security on our systems.
We urge you to keep any password(s) used in a safe place and not to divulge it to
anyone. Also remember to sign off your account and close your browser window when
you have finished your visit. This is to ensure that others cannot access your account,
especially if you are sharing a computer with someone else or are using a computer
in a public place such as a library or Internet cafe.
Our Site may contain links to web sites operated and maintained by third parties,
over which we have no control. Privacy policies on such linked sites may be different
on such site.
To improve the Product and Services we offer you, GolfLogix may opt to expand its
capabilities for obtaining information about users in the future. GolfLogix reserves
without prior notice. Modifications shall become effective immediately upon being
posted in our application or on the Site. Your continued use of the Service and
Product after Policy changes are posted constitutes an acknowledgement and acceptance
of our Policy and its modifications. We will post changes here so that you will
always know what information we collect online, how we use it, and what choices
Site or application.
You may email us firstname.lastname@example.org or write
to us at GolfLogix, Inc., Suite 100A, 15685 N.Greenway-Hayden Loop, Scottsdale,
and/or other service, regardless of how distributed, transmitted, published, or
broadcast (each, a "Service”) provided by Condé Nast, its parent, subsidiaries and/or
affiliates (“we,” "us," or “our”) that links to this User Agreement and Privacy
Policy, which is binding on all those who access, visit and/or use the Service,
whether acting as an individual or on behalf of an entity, including you and all
persons, entities, or digital engines of any kind that harvest, crawl, index, scrape,
spider, or mine digital content by an automated or manual process or otherwise (collectively,
“you” or “your”).
or initial screen. Your access, visitation and/or use of the Service, including
without limitation any registration on any aspect of the Service, will constitute
access, visit and/or use the Service.
of the most recent revisions will appear on this page, so check back often. Continued
access of the Service by you will constitute your acceptance of any changes or revisions
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions,
limitations, terms and/or conditions that apply to the Service, whether listed in
or otherwise communicated to users of the Service (collectively, the "Agreement"),
we may terminate, discontinue, suspend, and/or restrict your account/profile, your
ability to access, visit, and/or use the Service or any portion thereof, and/or
the Agreement, including without limitation any of our purported obligations hereunder,
with or without notice, in addition to our other remedies. In addition, we may curtail,
restrict, or refuse to provide you with any future access, visitation, and/or use
of the Service. We reserve the right, in addition to our other remedies, to take
any technical, legal, and/or other action(s) that we deem necessary and/or appropriate,
with or without notice, to prevent violations and enforce the Agreement and remediate
any purported violations. You acknowledge and agree that we have the right hereunder
to an injunction without posting a bond to stop or prevent a breach or violation
of your obligations under the Agreement. In the event of any conflict or inconsistency
any rules, restrictions, limitations, terms and/or conditions that may be posted
at various points in the Service or otherwise communicated to users of the Service,
we shall determine which rules, restrictions, limitations, terms and/or conditions
shall control and prevail in our sole discretion, and you specifically waive any
right to challenge or dispute such determination.
Among other things, the Agreement governs all text, articles, photographs, images,
graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts,
ringtones, games, trademarks, trade names, service marks, and other brand identifiers,
designs, plans, software, source and object code, algorithms, data, statistics,
analysis, formulas, indexes, registries, repositories, and all other content, information,
and materials (collectively, "Content") available on or through the Service, whether
posted, uploaded, transmitted, sent or otherwise made available by us, our licensors,
vendors, and/or service providers, or by you, and/or other users or third parties,
including any such Content uploaded manually or bookmarked by you and/or other users.
We strive to provide an enjoyable online experience for our users, so we may monitor
activity on the Service, including in the social, community and public discussion
areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job
search and other classified ads, and elsewhere, to foster compliance with the Agreement.
You hereby specifically agree to such monitoring. Nevertheless, we do not make any
representations, warranties or guarantees that: (1) the Service, or any portion
thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements
of fact will be authenticated, or (3) we will take any specific action (or any action
at all) in the event of a challenge or dispute regarding compliance or non-compliance
with the Agreement. We generally do not pre-screen Content before it is posted,
uploaded, transmitted, sent or otherwise made available on or through the Service
by users, so you may be exposed to Content that is opinionated, offensive, and/or
inappropriate, including Content that violates the Agreement.
If you have a Paid Subscription, your payment to GolfLogix will automatically renew
at the end of the subscription period, unless you cancel your Paid Subscription through
your subscription page before the end of the current subscription period. The cancellation
will take effect the day after the last day of the current subscription period, and you will
be downgraded to the Free Service. However, if you cancel your payment and/or terminate
the Terms after the Cooling-off Period is over (where applicable), and/or before the end of
the subscription period, we will not refund any subscription fees already paid to us.
GolfLogix may change the price for the Paid Subscriptions from time to time, and will
communicate any price changes to you. Price changes for Paid Subscriptions will take effect at
the start of the next subscription period following the date of the price change. By continuing
to use the Spotify Service after the price change takes effect, you accept the new price.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with
the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise
made available on or through the Service, including without limitation in our social,
community and public discussion areas, photo and video galleries, bulletin boards,
forums, chats, blogs, columns, articles, personal/job search and other classified
ads, contests/sweepstakes, or elsewhere. Any Content posted, uploaded, transmitted,
sent or otherwise made available on or through the Service, including advice and
opinions, are the views and responsibility of those who post the Content and do
not necessarily represent our views or the views of our licensors, vendors, and/or
service providers. You agree that we and our licensors, vendors, and/or service
providers are not responsible, and shall have no liability to you, with respect
to any Content posted, uploaded, transmitted, sent or otherwise made available on
the Service, including Content that violates the Agreement.
We reserve the right, but undertake no duty, in our sole discretion, with or without
notice, to review, edit, move, add, delete, or otherwise change any features, functionality,
and/or Content available on or through, or downloadable from, the Service, including
without limitation any Content in your account/profile, or any of your messages,
posts, or threads. This includes updates or upgrades to Content, automatic or otherwise.
You agree to accept, and to take no action to interfere with, automatic upgrades
or updates. Any changes to the Service may not be consistent across all platforms,
computers, or devices. If you do not refresh the Service after each such change,
or download the update(s) or upgrade(s), your experience may not reflect the most
recent features, functionality, and/or Content, for which we and our Indemnitees
disclaim any and all responsibility and liability. If any changes require you to
obtain new, additional, or different equipment, hardware, software, and/or telephone,
mobile, wireless, Internet and/or other services, you are solely responsible for
any additional expense. Even after Content is removed from your account/profile,
your messages, post(s), and/or threads, regardless of whether such removal or deletion
is by you or by us, copies of that Content may be retained and/or remain viewable
by us, our licensors, vendors, service providers and/or other third parties, including
Jerry Birenz, Esq.
Sabin, Bermant & Gould LLP
4 Times Square, 23rd Floor
New York, NY 10036-6526
Phone: (212) 381-7057 Fax: (212) 381-7201
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service
providers, and each of our and their respective officers, directors, members, employees,
independent and sub-contractors, agents, representatives, successors and assigns
(collectively, "Indemnitees") from and against any and all claims, disputes, demands,
proceedings, cause of action, judgments, damages, liabilities, losses, costs or
expense (including, but not limited to reasonable attorneys’ fees) of any kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed
(collectively, “Claims”) which may arise out of or are in any way connected with
your access, visitation and/or use of the Service, your Content, unauthorized use
of Content obtained on or through the Service, breach or alleged breach of the Agreement,
or from any of your acts or omissions in connection with the Service.
By accessing this Service, you specifically acknowledge and agree that: (i) Associated
Press text, photo, graphic, audio and/or video material shall not be published,
broadcast, rewritten for broadcast or publication or redistributed directly or indirectly
in any medium, and shall be subject to all terms and conditions made available at
the AP Terms and Conditions web page available here http://www.ap.org/termsandconditions/;
(ii) No Associated Press materials nor any portion thereof may be stored in a computer
except for personal and non-commercial use; (iii) The Associated Press will not
be held liable for any delays, inaccuracies, errors or omissions therefrom or in
the transmission or delivery of all or any part thereof or for any damages arising
from any of the foregoing; (iv) The Associated Press is an intended third party
beneficiary of these terms and conditions and it may exercise all rights and remedies
available to it; and (v) The Associated Press reserves the right to audit possible
unauthorized commercial use of Associated Press materials or any portion thereof
at any time.
You understand and agree that various entities unaffiliated with us make up the
"mobile ecosystem" that enables you to access, visit and/or use the Service via
your computer, mobile or other device, including without limitation equipment, hardware
and software manufacturers and providers, telephone, mobile, wireless, and Internet
network providers and carriers, and sellers or providers of Content for use with
the Service (collectively, the "Mobile Participants"). We do not represent, warrant
or guarantee that all portions of the Service, or the Service as a whole, can be
accessed via all mobile or other devices, or via all carriers and service plans
or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE
THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR
RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS
AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING
OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES
SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS
OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants
that require us to make certain disclosures and pass along certain responsibilities
to you. For such Mobile Participants, you specifically acknowledge and agree that:
(i) the Agreement is between us and you; the Mobile Participants are not parties
to the Agreement; (ii) the Mobile Participants and their parent, subsidiaries and
affiliates are third party beneficiaries of the Agreement and upon your acceptance
of the terms and conditions of the Agreement, the Mobile Participants will have
the right (and will be deemed to have accepted the right) to enforce the Agreement
against you; (iii) the license granted to you hereunder is limited to a non-transferable
license to use the Service on the particular product authorized by the applicable
Mobile Participant that you own or control and as permitted by such Mobile Participant's
applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in
connection with the functionality or content of the Service, or to furnish any maintenance
or support services with respect to the Service; (v) in the event of any failure
of the Service to conform to any applicable warranty, you may be able to notify
the applicable Mobile Participant to receive a refund of all or part of the amount
you paid for the Service, if any (to the maximum amount permitted by applicable
law, Mobile Participants will have no other warranty obligation whatsoever with
respect to the Service); (vi) Mobile Participants are not responsible for addressing
any claims, losses, liabilities, damages, costs or expenses by you or a third party
relating to the Service or your possession, access, visitation and/or use of the
Service, including without limitation (a) product liability claims; (b) any claim
that the Service fails to conform to any applicable legal or regulatory requirement;
and (c) claims arising under consumer protection or similar legislation; and (vii)
in the event of any third party claim that the Service or your possession, access,
visitation and/or use of the Service, infringes such third party’s intellectual
property rights, Mobile Participants are not responsible for the investigation,
defense, settlement and/or discharge of such claim.
Our advertising service vendors and other third parties may also use Tracking Technologies
to serve you advertisements tailored to interests you have shown by browsing on
this Service and other sites, applications, destinations, and services you have
visited, and to determine whether you have seen a particular advertisement before
to avoid sending you duplicate advertisements, and for other lawful business purposes.
In doing so, these third parties may collect non-personally identifiable data including
for example the make, model, settings, specifications (e.g., CPU speed, connection
speed, browser type, operating system, device identifier) and geographic location
of your computer, mobile or other device, as well as date/time stamp, IP address,
pages visited, time of visits, content viewed, ads viewed, the site(s), application(s),
destination(s), and/or service(s) you arrived from, and other clickstream data.
The use of Tracking Technologies by third parties is subject to their own privacy
connection therewith. If you do not want the services that Tracking Technologies
provide, you may be able to opt-out by visiting http://www.aboutads.info.
Your information may be transferred to, and maintained on, servers and databases
located outside of your state, province, country or other governmental jurisdiction
where the privacy laws may not be as protective as your jurisdiction. Please be
advised that we may transfer your information to and from any state, province, country
or other governmental jurisdiction, and process it in the United States or elsewhere.
represents your agreement to any such transfer.
California’s "Shine the Light" law, Civil Code section 1798.83, requires certain
businesses to respond to requests from California customers asking about the business'
practices related to disclosing personal information to third parties for the third
parties’ direct marketing purposes. Alternately, such businesses may have in place
a policy not to disclose personal information of customers to third parties for
the third parties’ direct marketing purposes if the customer has exercised an option
to opt-out of such information-sharing. We have such a policy in place. As discussed
above in Section 2(B), if you wish to opt-out of our sharing of your information
with third parties for the third parties’ direct marketing purposes or to find out
If you have any concerns or questions about any aspect of this policy, please feel
1313 Market Street
Wilmington, DE 19801
As discussed above in Section 2(B) and 8, you may opt-out of having your personally
identifiable information shared with third parties for their marketing purposes.
and state that you want to opt-out of our sharing with third parties.
Also as discussed above in Section 2(B), if you wish to request updates or changes
to your information or your preferences regarding receiving future promotional messages
Addtionally, you may click here to be removed from our promotional mailing
If you opt-out of promotional mailings from Conde Nast, you may continue to receive
certain communications from us, such as transactional or relationship messages,
and/or messages about your account/profile.
If you don't agree to the terms contained in this User Agreement and Privacy
Policy, you must immediately exit the Service.
Please fill in your user name and password for you GPS8 in order to complete this discounted offer.