Terms of Service
This Website Terms and Conditions of Use Agreement (“Agreement”) is between NewSpin Golf, LLC., an Illinois limited liability company with offices located at, 108 S Wynstone Park Drive Suite 110 N. Barrington 60010 (“NewSpin,” “Us,” “Our” or “We”) and you (“User,” “You” or “Your”) and is a legal agreement between You and NewSpin. This Agreement is effective as of the date you access the NewSpin Website. This Agreement states the terms and conditions under which you may use the SwingSmart Website. Please read this Agreement carefully before accessing and using the SwingSmart Website. By using and accessing the SwingSmart Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, you may not access and use the SwingSmart Website. NewSpin may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement.
D. The information on the SwingSmart Website does not constitute a binding offer to sell products or services described on the SwingSmart Website or to make such products or services available in Your area. NewSpin reserves the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, in NewSpin’s sole discretion, even after Your receipt of an order confirmation or after Your credit card has been charged. You may not purchase any item from the SwingSmart Website for resale by You or any other person, and You may not resell any item purchased from the SwingSmart Website. The prices displayed on the SwingSmart Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, NewSpin has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, NewSpin will issue a credit to your credit card account.
You may display certain NewSpin images and text on your website or on third party websites provided such NewSpin images and text are designated for such use by NewSpin.
You agree that any such NewSpin images and texts must be accompanied by the anchor text “NewSpin Golf” and that such anchor text must contain a link to NewSpin’s home page (http:www.newspingolf.com).
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of any of the Content or third party Content (as that term is defined in Section 7(a) below) obtained through the SwingSmart Website for any commercial purposes.
B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the SwingSmart Website in a manner that sends bulk requests to the NewSpin servers. Notwithstanding the foregoing, NewSpin grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the SwingSmart Website, but not caches or archives of the SwingSmart Website. NewSpin reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the SwingSmart Website, nor to use the communication systems provided by the SwingSmart Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the SwingSmart Website.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit NewSpin to locate the material; (iv) Information reasonably sufficient to permit NewSpin to contact You, such as an address, telephone number, and email address; (v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NewSpin’s designated Copyright Agent to receive notifications of claimed infringement is: Marcus Stephen Harris, 10 S. LaSalle Street, Suite 3500, Chicago, IL 60603 email: email@example.com, telephone: (312) 263-0570, fax: (312) 577-0928. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.
C. By submitting User Submissions to NewSpin, You grant to NewSpin, its affiliates and related entities and their successors and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works of the User Submissions in connection with the SwingSmart Website and NewSpin’s business (and its successor’s business), including without limitation for promoting and redistributing part or all of the SwingSmart Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SwingSmart Website a non-exclusive license to access Your User Submissions through the SwingSmart Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the SwingSmart Website and under this Agreement.
D. In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant NewSpin all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NewSpin or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
E. NewSpin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions.
F. You may access User Submissions solely for:
• your information and personal use; and
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the SwingSmart Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Submission for any purpose or in any manner other than Streaming is expressly prohibited. User Submissions are made available “as is.” You agree that any User Submission that you are Streaming must be accompanied by the anchor text “NewSpin” and that such anchor text must contain a link to NewSpin’ home page. You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the SwingSmart Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the SwingSmart Website or features that prevent or restrict use or copying of any Content or third party Content or enforce limitations on use of the SwingSmart Website or the Content or third party Content therein. You understand that when using the SwingSmart Website, you will be exposed to User Submissions from a variety of sources, and that NewSpin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against NewSpin with respect thereto, and agree to indemnify and hold NewSpin, its suppliers, affiliates, subsidiaries, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the SwingSmart Website