Terms of Use

These terms of use (together with the documents referred to in these terms of use) set out the terms on which you may make use of our website www.golfbreakingnews.com (our site), including via any mobile applications, whether as a guest or registered member (you). Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use the site. We recommend that you print a copy of this for future reference.

By using our site, you indicate that you accept these terms of use and that you agree to comply with them.

1.   OTHER APPLICABLE TERMS

1.1.        These terms of use refer to the following additional terms, which also apply to your use of our site:

1.1.1.         Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all personal data provided by you is accurate.

1.1.2.         Our Cookie Policy, which sets out information about the cookies on our site.

2.   INFORMATION ABOUT US

2.1.        www.golfbreakingnews.com is a site operated by Golfshake Limited trading as golfshake.com (we or golfshake.com) on behalf of Golfbreaks by PGA Tour. We are registered in England and Wales under company number is 06053533 and have our registered office address at Minton Place, Victoria Street, Windsor, SL4 1EG which is also our main trading address. Our VAT number is GB 913 3011 77.

3.   CHANGES TO THESE TERMS

3.1.        We may revise these terms of use at any time. Please check these terms of use from time to time to take notice of any changes we have made, as they are binding on you.

4.   CONTENT

4.1.        We will use reasonable endeavours to keep our site updated, however, we do not guarantee that our site, or any content on it, will be free from errors or omissions.

5.   ACCESS TO OUR SITE

5.1.        We will use reasonable endeavours to make our Services available without interruption except for downtime necessary for maintenance and for reasons outside our reasonable control. We reserve the right to modify, suspend or remove any aspect of our site and services at any time, including availability of services, features and content. We may also impose limits on the site and services or restrict your access to all or parts of the site for technical or security reasons without notice or liability.

5.2.        Your use of our site may also be restricted or suspended in the event that we believe that there has been a breach of these Terms of Use or our Acceptable Use Policy. Where we are satisfied that there has been such a breach, we have the right to permanently withdraw your access to the site.

5.3.        You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6.        INTELLECTUAL PROPERTY RIGHTS

6.1.      We are the owner or the licensee of all intellectual property rights, including all database rights, in our site, including the logo, site design, headers, graphics and buttons unless otherwise stated.

6.2.      We are also owner or the licensee of all material and content published on the site, including all content which is provided by our members and users (see clauses 12.4 and 12.5 below), and these are protected by copyright laws and treaties around the world. All such rights are reserved.

6.3.      Other than one copy for your personal use permitted under clause 11.4 below, you must not copy, use, extract or re-utilise any part of the content of our site without obtaining a licence to do so from us or our licensors.

64.      You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only. No further copies or other reproduction shall be made without the prior written consent of golfbreakingnews.com. Once new information is added to our database this then supersedes any previous information download and you are permitted to take a copy of the new information once available.

6.5.      You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.6.      Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

6.7.      If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6.8.      You may not access, monitor, copy, extract or reutilise any content or information displayed on our site using any robot, spider, scraper or other automated means or any manual process for any purpose without our prior written permission.

6.9.      You may not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our site or software in our site in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer, or other reduce to human-perceivable form all or any part of the site or software in our site.

7.           LIMITATION OF LIABILITY

7.1.      This section 13 of the terms of use sets out the entire liability of golfbreakingnews.com (including any liability for the acts or omissions of its employees, agents, sub-contractors) to all users of its Services (a) arising under or in connection with the provision of the Services, including any inability to use the site; (b) in respect of any use made of or reliance on the Services; and (c) in respect of any representation, statement or tortuous act or omission (including negligence) arising under or connection with the Services.

7.2.      Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

7.3.      To the fullest extent permitted by applicable law, all conditions, warranties, representations and all other terms whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded.

7.4.      We use reasonable endeavours to ensure that content on our site is genuine and as recent as possible, but we make no representations, warranties, guarantees or any other type of promise, whether express or implied, that the content on our site is accurate, complete or up to date.

7.5.      We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

7.6.      We shall not be liable for any loss, damage, cost, expense or claim suffered or incurred by any user as a result of circumstances or events beyond our reasonable control which we could have reasonably forseen or forestalled.

7.7.  We assume no responsibility for the content of websites linked on our site.  Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

8.        VIRUSES, HACKING AND OTHER OFFENCES

8.1.    We do not guarantee that our site will be secure or free from bugs or viruses.

8.2.    You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

8.3.    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

8.4.    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

9.        THIRD PARTY PROVIDERS

9.1.    You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you does so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into you, with any such third party, nor do we endorse, recommend or approve any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party and not with golfbreakingnews.com.

9.2.    We recommend you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse, recommend or approve any third-party website nor the content of any of the third-party website made available via the Services.

10.        LINKING TO OUR SITE

10.1  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.2.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.3.  You must not establish a link to our site in any website that is not owned by you.

10.4.  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

10.5.  We reserve the right to withdraw linking permission without notice.

10.6.  The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

11.        COMPLAINTS

11.1.      If you have any complaint about our site please contact us by email to [email protected]. or in writing to our trading address shown at the beginning of this terms of use. All complaints must set out the detail of the complaint so that we investigate properly.

11.2.      If you have a complaint about content that infringes your copyright or other intellectual property or is defamatory, you need to specify exactly what material is infringing or defamatory and specify where on our site the offending material is. From the date upon which the Defamation (Operators of Websites) Regulations 2013 enters into force, if we receive a notice about defamatory content from a complainant that complies with the Regulations, we may follow the procedures set out in those Regulations or alternatively we may decide to immediately remove the content, in our absolute discretion.

12. APPLICABLE LAW AND JURISDICTION

12.1.      These terms of use, its subject matter and formation are governed by English law. You and we agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may bring proceedings in Northern Ireland and if you are a resident of Scotland, you may bring proceedings in Scotland.

CONTACT

If you have an enquiry, please contact us using our online form or by e-mail to [email protected].