TERMS AND CONDITIONS GOVERNING THE USE OF WWW.CADILLACGOLF.COM.CN.
Please review the following basic rules that govern your use of the CADILLACgolf.cn site.
Please note that your use of the CADILLACgolf.com.cn site constitutes your unconditional
agreement to follow and be bound by these Terms of Use. Although you may
"bookmark" a particular portion of this Site and thereby bypass this Agreement, your use
of this Site still binds you to these Terms of Use. CADILLAC GOLF reserves the right to
update or modify these Terms of Use at any time without prior notice to you. For this
reason, we encourage you to review these Terms of Use whenever you use this Site.
By accepting these Terms of Use through your use of the Site, you certify that you are 18
years of age or older. If you are under the age of 18 but at least 13 years of age, you
may use this Site only under the supervision of a parent or legal guardian who agrees to
be bound by these Terms of Use. CADILLAC GOLF does not intentionally collect personal
information about children under the age of 13. Children under the age of 13 may not use
this Site other than for browsing, and parents or legal guardians may not agree to these
Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these
Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you
are fully responsible for his or her use of this Site, including the legal liability that he or
she may incur. If you do not agree to (or cannot comply with) any of these terms and
conditions, do not use this Site. All registration information provided must be truthful and
accurate. Providing any untruthful or inaccurate information may constitute a breach of
these Terms of Use.
All materials, including images, text, illustrations, designs, icons, photographs, programs,
music clips or downloads, video clips and written and other materials that are part of this
Site (collectively, the "Contents") are intended solely for personal, non-commercial use.
You may download or copy the Contents and other downloadable materials displayed on
the Site for your personal use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading or copying. You may
not reproduce (except as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of or exploit in any way, in
whole or in part, any of the Contents, the Site or any related software. All software used
on this Site is the property of Cadilllac Golf Corporation or its suppliers and protected by
U.S. and international copyright laws. The Contents and software on this Site may be used
only for entertainment purposes. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the Contents on this
Site is strictly prohibited. CADILLAC is a trademark of Cadilllac Golf Corporation.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site,
including, without limitation, (a) accessing data not intended for such user or logging onto
a server or an account which the user is not authorized to access; (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to interfere with
service to any user, host or network, including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d)
sending unsolicited email, including promotions and/or advertising of products or services;
or (e) forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting. Violations of system or network security may result in civil or
criminal liability. CADILLAC GOLF, Inc. will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper working of this Site
or any activity being conducted on this Site. You agree, further, not to use or attempt to
use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search
this Site other than the search engine and search agents available from this Site and other
than generally available third party web browsers (e.g., Firefox, Microsoft Explorer, Safari,
etc).
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other
intellectual property owned, controlled or licensed by Cadillac Golf Corporation, one of its
affiliates or by third parties who have licensed their materials to Cadillac Golf Corporation
and are protected by U.S. and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Site is the exclusive
property of Cadillac Golf Corporation and is also protected by U.S. and international
copyright laws.
Cadillac Golf Corporation expressly reserves all intellectual property rights in all text,
programs, products, processes, technology, content and other materials which appear on
this Site. Access to this Site does not confer and shall not be considered as conferring
upon anyone any license under any of Cadillac Golf Corporation intellectual property
rights.
The CADILLAC GOLF name and logo and all golf related product and service names,
design marks and slogans are the trademarks or service marks of Cadillac Golf
Corporation. No trademark or service mark license is granted in connection with the
materials contained on this Site. Access to this Site does not authorize anyone to use any
name, logo or mark in any manner.
USER TESTIMONIALS, FEEDBACK AND SUBMISSIONS
All testimonials, feedback, and other submissions disclosed, submitted or offered to
Cadillac Golf Corporation on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, the "Comments") shall be and remain
Cadilllac Golf Corporation property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to Cadilllac Golf Corporation of all worldwide
rights, titles and interests in all copyrights and other intellectual properties in the
Comments.
Thus, Cadilllac Golf Corporation will own exclusively all such rights, titles and interests and
shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Cadilllac Golf Corporation will be entitled to use, reproduce, disclose, modify, adapt,
create derivative works from, publish, display and distribute any Comments you submit
for any purpose whatsoever, without restriction and without compensating you in any way.
Cadilllac Golf Corporation is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for any Comments; or (3)
to respond to any user Comments. You agree that any Comments submitted by you to the
Site will not violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s), and will not cause injury to
any person or entity. You further agree that no Comments submitted by you to the Site
will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material,
or contain software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings or any form of "spam."
Cadilllac Golf Corporation does not regularly review posted Comments, but does reserve
the right (but not the obligation) to monitor and edit or remove any Comments submitted
to the Site. You grant Cadilllac Golf Corporation the right to use the name that you submit
in connection with any Comments. You agree not to impersonate any person or entity, or
otherwise mislead as to the origin of any Comments you submit. You are and shall remain
solely responsible for the content of any Comments you make and you agree to indemnify
Cadilllac Golf Corporation and its affiliates for all claims resulting from any Comments you
submit. Cadilllac Golf Corporation and its affiliates take no responsibility and assume no
liability for any Comments submitted by you or any third party.
INTELLECTUAL PROPERTY SUBMISSION POLICY
While CADILLAC appreciates that consumers may want to share their ideas related to golf
products, CADILLAC does not accept any unsolicited information, material, or other
communication related to intellectual property including, but not limited to, any comments,
suggestions, drawings, models, materials, and/or descriptions of ideas related to
develoCADILLAC, manufacturing, and/or marketing products or services.
Unless express written approval from CADILLAC is granted, any unsolicited information,
material, or other communication provided to CADILLAC or its affiliates by electronic mail
or otherwise, including, but not limited to, any concepts, techniques, know-how, questions,
comments, suggestions, data, and/or the like will be treated as non-confidential and non-
proprietary information.
CADILLAC or its affiliates are not obligated to maintain any unsolicited information,
material, or other communication in confidence. Any unsolicited information, material, or
other communication may be used by CADILLAC or its affiliates for any purpose including,
but not limited to, broadcast, disclosure, posting, publication, reproduction, solicitation,
and/or transmission without compensation to the person providing such information,
material, or other communication. Further, any unsolicited submission to CADILLAC or its
affiliates including, but not limited to, prototypes, marketing materials, and/or the like will
not be returned to the sender.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Cadilllac Golf Corporation and its
affiliates from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
TERMINATION
These Terms of Use are effective unless and until terminated by either you or Cadilllac
Golf Corporation. You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. Cadilllac Golf Corporation also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly deny
you access to the Site, if in Cadilllac Golf Corporation’s sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of the Agreement by
either you or Cadilllac Golf Corporation, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the Terms of Use or otherwise. Cadilllac Golf Corporation’s right to
any Comments shall survive any termination of this Agreement.
DISCLAIMER
THIS SITE IS PROVIDED BY Cadilllac Golf CORPORATION ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Cadilllac Golf CORPORATION MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE CADILLACGOLF.COM WEBSITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR
OTHERWISE, SHALL Cadilllac Golf CORPORATION OR ANY OF ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO
YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE Cadilllac Golf CORPORATION
WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Cadilllac Golf
CORPORATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL Cadilllac Golf CORPORATION BE LIABLE FOR ANY
DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
GENERAL
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. Headings used in these Terms of
Use are for reference purposes only and in no way define or limit the scope of the section.
If any provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable and the
other terms of this Agreement shall remain in full force and effect. The failure of Cadilllac
Golf Corporation to act with respect to a breach of this Agreement by you or others does
not constitute a waiver and shall not limit Cadilllac Golf Corporation’s rights with respect to
such breach or any subsequent breaches. This Agreement shall be governed by and
construed under Arizona law without regard to conflicts of law provisions. Any action or
proceeding arising out of or related to this Agreement or your use of this Site must be
brought in the state or federal courts of Arizona and you consent to the exclusive personal
jurisdiction of such courts.
© 2010 Cadilllac Golf Corporation. All Rights Reserved