GOLF LOUNGE TERMS OF SERVICE

These terms of service (“Terms”) are a binding agreement between you and Golf Social Inc., a Delaware corporation (“Golf Social,” “we,” or “us”). These Terms govern your use of the Golf Lounge mobile application (the “App”) and all related websites, software, and services (together, and collectively with the App, the “Service”). By using the Service and/or downloading or installing the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service or download or install the App. These Terms are subject to change at any time; we therefore encourage you to periodically review these Terms to ensure that you are aware of any changes. By continuing to use the Service after these Terms are updated, you agree to be bound by the most current version of these Terms.

Eligibility.

Registration as a Condition to Use. Only registered members of Golf Social (each, a “User”) may use the Service. By using the Service, you warrant that you are a User. As a User, you shall not allow third parties to access the Service using your account. You are personally responsible for any use of the Service through your account, whether by you or a third party.

Minimum Age. You must be at least 18 years old to use the Service and assume the obligations set forth in these Terms.

Geographic Restrictions. Golf Social provides the Service for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Service or portions thereof outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you are responsible for compliance with local laws.

Use of Service.

License. Golf Social hereby grants you a limited, non-exclusive, revocable license to use the App for your personal use in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the App.

Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App or the Service under these Terms, or any other rights thereto other than to use the App or the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Golf Social reserves and shall retain its entire right, title, and interest in and to the App and the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Email Communications. By signing up for Golf Lounge using your email address, you consent to receive emails from us. These emails may include account-related information, updates about new features, promotional offers, security alerts, and other information related to your use of the app. You can manage your email preferences and opt out of promotional emails at any time by following the unsubscribe instructions in our emails or by contacting us directly. Please note that even if you opt out of promotional emails, we may still send you non-promotional emails, such as those related to your account or use of our services. We handle your email address in accordance with our Privacy Policy and do not share it with third parties without your consent, except as required by law.

Account Types. As a User, you will be required to create an account. Your Golf Social account, whether personal, business, or creator, is for your exclusive use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.

User Content. The Service allows you to upload, submit, disclose, distribute or otherwise post multimedia content, including text, data, photographs, graphics, or other information (collectively referred to as “User Content”). You own all rights, title and interests in and to all User Content you provide. User Content is not confidential and is the property of the originating User. By posting User Content through the Service, you agree to the following:

(a). You are solely responsible for and assume all liability for all User Content you contribute to the Service. You warrant that your User Content does not contain misleading, false, or inappropriate information.

(b). You acknowledge (i) that Golf Social is not responsible for and disclaims all liability for User Content contributed by its Users, and (ii) that Golf Social cannot guarantee the identity of its Users or the accuracy of User Content.

(c). You represent and warrant that you own or otherwise control all rights necessary to post User Content and that Golf Social’s disclosure and use of such User Content will not infringe or violate the rights of any third party.

(d). You grant Golf Social a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish, and otherwise fully exploit (hereinafter “use”) your User Content in connection with the Service and any business of Golf Social and its successors and assigns. You also grant each User a non-exclusive license to access your User Content through the Service and to use such User Content as permitted by the Service in accordance with these Terms.

SMS/Text Alerts. In connection with your use the Service, you may provide your mobile phone number to Golf Social. By doing so, you agree to the following:

(e). You represent to Golf Social that you are the owner or authorized user of the mobile phone associated with number that you have provided or that you have been granted permission by the authorized user of such mobile phone number to enroll such mobile phone in the Service. 

(f). You expressly authorize Golf Social to send text messages to your mobile phone through your wireless phone carrier unless and until such permission is revoked in accordance with subsection (e) below; 

(g). You consent to receive text messages from Golf Social despite the fact that your number may otherwise be on federal or state do-not-call lists and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do-not-call list(s). 

(h). You understand that you are solely responsible for any message and data rates that may apply.

(i). The consent granted pursuant to this Section 2.5 will remain effective until you revoke it by providing us written notice of such revocation. 

Monitoring. Golf Social does not endorse any User Content. Golf Social has the right, but not the obligation, to monitor the App, the Service, and User Content. Golf Social may remove User Content at any time, for any reason or for no reason at all.

External Resources. The Service may provide links or permit you and other Users to access resources on the Internet such as third-party websites (“Third-Party Resources”). Third-Party Resources are not under Golf Social’s control, and Golf Social is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of Third-Party Resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any information, goods or services available through Third-Party Resources. When you access a Third-Party Resource, you do so at your own risk. Golf Social’s provision of access to a Third-Party Resource does not imply Golf Social’s endorsement of or affiliation with such Third-Party Resource. Golf Social reserves the right to disable or remove access to Third-Party Resources for any reason or for no reason at all.

Updates. Golf Social may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Golf Social has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.

Push Notifications. Golf Lounge may send push notifications to keep users informed about various activities and updates within the app. These notifications can include, but are not limited to:

App updates and new features.

Promotional offers or upcoming events.

Interactions with other users, such as follow requests, comments, posts, bulletin posts, messages, and likes.

By using Golf Lounge, you consent to receive such notifications. You can manage or disable push notifications at any time through your device settings. Please note that disabling push notifications may limit your ability to fully participate in the app’s social features and engage with other users.

Golf Lounge does not collect personal data solely for the purpose of sending push notifications and handles all information in accordance with our Privacy Policy. We are not responsible for any inconvenience or disruption caused by the receipt of push notifications.

Code of Conduct. You promise not to use the Service for any purpose that is prohibited by law, by these Terms, or by any other terms of use that Golf Social has or will put in effect. You alone are responsible for all of your activity in connection with the Service.

Posting Policy. You shall not upload, post, submit or otherwise distribute or facilitate distribution of any improper or unlawful User Content or communications on or through the Service, including but not limited to User Content that

(j). violates local, state, national, or international laws or regulations;

(k). infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any third party;

(l). is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane;

(m). constitutes unauthorized or unsolicited advertising, junk email or bulk email (i.e., “spamming”);

(n). involves sales or commercial activities not expressly authorized by Golf Social;

(o). contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Golf Social or any third party;

(p). violates the privacy other Users or that of any third party; or

(q). impersonates any person or entity, including, but not limited to, Golf Social or any employee or representative thereof.

Use of Infrastructure. You shall not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of Golf Social or its third party providers (as determined by Golf Social in its sole discretion); (ii) interfere or attempt to interfere with the proper working of the Service or any related activities ; (iii) bypass any measures Golf Social may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or scrape date from the Service.

Warranties, Disclaimers, and Liability.

General Disclaimers. Golf Social has no fiduciary duty to you. You acknowledge that Golf Social cannot control who gains access to the Service or what User Content gets posted to the Service. Golf Social does not vouch for or guarantee the accuracy of any User Content or the identity of any Users  what Content you access via the Service; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You alone are responsible for your use of the Service and the consequences thereof. 

Disclaimer of Warranties. GOLF SOCIAL PROVIDES THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE APP) “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLF SOCIAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, GOLF SOCIAL AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY INFORMATION OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE SOLELY AT YOUR OWN RISK.

Notice of Risk. You acknowledge that there are risks, including but not limited to the risk of physical harm, that arise out of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through the Service. You acknowledge that we are not liable for any harm resulting from (i) User Content, (ii) User conduct (including illegal activity), or (iii) any other action related to your use of the Service. 
Indemnification. You agree to indemnify, defend and hold harmless Golf Social, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim related to (a) your use of or inability to use the Service; (b) your User Content; (c) your violation of these Terms or your violation of any rights of a third party; (d) your violation of any applicable laws, rules or regulations; or (e) the unauthorized or unlawful use of the Service by any person using your account. Golf Social reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Golf Social in asserting any available defenses.

Limitation of Liability. If, notwithstanding the other provisions of these Terms, Golf Social should have any liability to you or any third party for any loss, harm or damage, you and Golf Social agree that such liability shall under no circumstances exceed $50.00. You and Golf Social agree that the foregoing limitation of liability is an agreed allocation of risk between you and Golf Social. You acknowledge that absent your agreement to this limitation of liability, Golf Social would not provide the Service to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOLF SOCIAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Miscellaneous Provisions.

Term and Termination. These Terms will become effective upon your acceptance thereof, as indicated by your use of the Service and will remain in effect in perpetuity unless terminated hereunder. You or Golf Social may terminate your account at any time, for any reason or no reason, without explanation, by sending written notice to the other party. You agree that if Golf Social terminates your access to the Service, you will immediately (1) stop using the Service, and (2) remove the App from any device in your possession.

Notice. Golf Social may give any notice required or permitted to be given in writing hereunder via email. Such notice and will be effective immediately.

Entire Agreement; Amendment. These Terms and any documents incorporated herein constitute the entire agreement between you and Golf Social with respect to the subject matter hereof. Golf Social reserves the right to amend the provisions of these Terms at any time, provided that Golf Social will notify you of any such amendment by email or by notice posted on the Golf Social website. 

Governing Law; Venue. These Terms will be governed and construed under the laws of the State of Utah, without regard to its conflict of laws provisions or the United Nations Convention on the International Sale of Goods. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the Salt Lake County, Utah. All disputes and/or legal proceedings related to these Terms will be maintained in courts located in Salt Lake County, Utah. 

Waiver/Severability. The waiver or failure of Golf Social to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.

Assignment. Golf Social may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without Golf Social’s prior written permission. Any attempt to assign your rights under these Terms without Golf Social’s permission shall be void.

Force Majeure. Golf Social shall not be liable for any failure or unavailability of the Service or failure by Golf Social to provide the Service as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of
storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Golf Social’s control.

Headings. The headings of articles and sections contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

Questions and Complaints. Please direct all questions, complaints, or claims with respect to the Service to the following:
Admin@golflounge.app