Last Updated: February 26, 2021
Welcome to www.drivechipandputt.com (“Site”), the official site of the Drive, Chip & Putt Championship (“DCP Championship”) and the DCP Championship, LLC (“DCP”). The Site including, any mobile versions and any other DPC digital services (collectively, the “Services”), are operated by and on behalf of DCP and its founders and owners, the Masters Tournament Foundation (the “MTF”), the United States Golf Association (“USGA”) and the PGA of America (the “PGA”) and each of their respective affiliates (collectively referred to herein as “we”, “us” or “our”).
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT IF YOU ARE PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION AT THE TIME OF REGISTRATION OR AT ANY TIME WHILE USING THE SERVICES, YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE SERVICES.
Unless otherwise indicated, all content included within the Services, including, without limitation, text, graphics, images, photos, logos, audio or video clips, digital downloads, data compilations and software, is the property of DCP or DCP's content suppliers or licensors and protected by the laws of the United States. The compilation of all content of this Site or in any Services is the property of DCP and is protected by the laws of the United States.
You acknowledge and agree that DCP and/or its licensors own and retain all right, title, and interest in and to the Services and any intellectual property contained therein, including without limitation, any and all technology, content, code, user interfaces, trademarks and other items posted thereon or used in connection or associated with the Services.
The trademarks, logos, service marks and trade names that may be displayed on or within the Services are registered and unregistered trademarks of the DCP, its founders and owners, MTF, USGA, and PGA, and other entities or persons (collectively, the “Trademarks”), and may not be used by you unless authorized in writing by the Trademark owner. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or within the Services without the DCP’s written permission or that of the third party rights holder.
Subject to the terms and conditions of this Agreement, DCP hereby grants to you a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable license to access and use the Services to which you are permitted access.
You shall use the Services for lawful purposes only. Except as expressly granted in this Agreement, no license or right under any intellectual property rights in the Services are granted or implied by this Agreement. Specifically, you shall not (a) modify, port, translate, localize or create derivative works of the Services or the intellectual property contained therein; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services or intellectual property contained therein by any means whatsoever, or disclose any of the foregoing; (c) sell, lease, license, sublicense, copy, market, distribute or offer as a service the Services or the intellectual property contained therein; or (d) remove, obscure or alter any copyright or trademark notices or any trademarks contained in the Services.
2. REGISTRATION AND USER ACCOUNT
To the extent you have access to any of the Services through registration, or otherwise through creation of an account that requires a username and password or other access credentials, you acknowledge the access credentials are personal to you and that you shall not share such access credentials with any other person for any purpose. You are responsible for all use of your account and access credentials and for ensuring that all use of your account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.
You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes. We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) at any time for any reason.
We may terminate, change, suspend or discontinue any aspect of the Services at any time with or without notice. Without limiting the foregoing, we may restrict, suspend or terminate your access or use of the Services, including without limitation any accounts, if we believe you are in breach of this Agreement or applicable law, or for any other reason without notice or liability. Upon termination for any reason, you must cease all use of the Services. Termination of this Agreement shall not limit any of our rights or remedies at law or in equity.
4. SUBMITTED MATERIALS
Unless specifically requested, DCP does not solicit, or wish to receive, any confidential, secret or proprietary information or other material through the Services, by e-mail or in any other way. Unless otherwise indicated, any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials submitted, posted, uploaded or sent or transmitted on or through the Services in any manner (collectively “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this Agreement.
By submitting, uploading, posting or sending Submitted Materials through, to or on the Services, you: (A) represent and warrant that either (i) your Submitted Materials are original to you and that no other party has any rights thereto or (ii) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and use them in the Services for the use by us and our service providers in accordance with this Agreement, and that any “moral rights” in the Submitted Materials have been waived; and (B) you grant to us and our service providers, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works, products or services in any form, media, or technology now known or later developed. DCP cannot be responsible for maintaining any Submitted Material that you provide to DCP on or through Services, and DCP may delete or destroy any such Submitted Material at any time.
6. RULES OF CONDUCT
While using or accessing the Services, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular components, areas or features on the Services, you agree not to:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- use, resell, redistribute, republish or exploit in whole or in part any portion of the Services (including its content) for any commercial or promotional purposes, or contact any other user of the Services for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Services or in a Forum (as defined below) on the Services except as authorized by DCP;
- use the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of user to become subscribers of other online information services, unless permitted in writing by us;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any component of the Services or its contents, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services through any means, including through means not intentionally made publicly available or provided for in the Services;
- engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
- use the Services or any of its respective features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Services, in whole or in part;
- frame any part of the Site in any third party sites or content, or any third party sites or content in the Site, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by DCP or its service providers of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Services, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Services to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute, or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the Services, in whole or in part, in violation of any applicable law.
7. PUBLIC FORUMS
The Services may include certain features that allow you to interact and communicate with each other and/or with the general public (“Forums”). All terms and conditions set forth in this Agreement (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the Services), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on databases that service the Services and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information that you choose to disclose in such Forums and on the Services in general about you and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information in your submissions to the Forums.
8. RIGHT TO MONITOR AND EDITORIAL CONTROL
DCP reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the Services (including, without limitation, the Forums). DCP is not responsible for any such materials. However, DCP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in DCP’s sole discretion, are objectionable or in violation of Agreement, DCP’s policies or applicable law. DCP may also impose limits on certain features or restrict your access to part or all of the Services, without notice or penalty, if we believe you are in breach of this Agreement or applicable law, or for any other reason without notice or liability.
9. THIRD PARTY WEBSITES AND PRODUCTS
You agree that, without the prior express permission of DCP: (a) you are not permitted to link directly to any image hosted on the Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website; and (b) you may not link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to the Site signifies that you have read the restrictions described herein and agree to abide by their terms. DCP may, in its sole discretion, insist that any link to the Site be discontinued, and DCP may revoke your right to link to the Site from any other website at any time upon written notice to you.
11. ORDERS FOR PRODUCTS AND SERVICES
We may make certain products and services available for purchase or download to users of the Services. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to DCP. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the Services may be subject to additional terms and conditions presented to you at the time of such purchase or download.
You agree to defend, indemnify and hold DCP, its founders and owners, MTF, USGA, and PGA, and each of their respective affiliates, subsidiaries, directors, officers, employees, agents, service providers and licensors, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your or any other user’s use of the Services, (ii) your or any other user’s Submitted Materials, in whole or in part, or (iii) your or any other user’s breach or violation of the law or this Agreement. DCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or any other user, and in such case, you agree to cooperate with any such defense.
13. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DCP HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
TO THE EXTENT PERMITTED BY LAW, DCP DOES NOT WARRANT THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.
TO THE EXTENT PERMITTED BY LAW, DCP MAKES NO WARRANTY THAT THE SERVICES, IN WHOLE OR IN PART, WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DCP, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DCP ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER OR MOBILE EQUIPMENT OR ANY OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU SHOULD DISCONTINUE USE. DCP DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES CREATED OR PROVIDED BY YOU OR OTHER THIRD PARTIES.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DCP, OR MTF, USGA, OR PGA, OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ANY DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO DCP, OR MTF, USGA, OR PGA, OR ANY OF ITS AFFILIATES OR SUBSIDIARIES, FOR YOUR USE OF THE SITE OR THE SERVICES, OR (B) TEN DOLLARS ($10). YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
15. JURISDICTIONAL ISSUES
DCP does not represent that the Services or any contents contained therein are appropriate or available for use in any location outside of the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent local laws require additional terms, this Agreement may be subject to separate jurisdictional terms, if any and as applicable.
16. CHANGES TO THIS AGREEMENT
DCP has the right to change or modify this Agreement, or to impose new conditions on your use of the Services, at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting within the Services, by electronic mail, by messaging, or by any other means from which you may obtain notice thereof. Any use of the Services by you subsequent to such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
DCP respects the intellectual property rights of others and require that the people who use the products and services of DCP do the same. If any person or entity believes that content in the Services has been copied in a way that constitutes copyright infringement, please forward the following information to DCP’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below and we will respond to notices of claimed copyright infringement in accordance with the DMCA:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DCP Championship, LLC
2604 Washington Road, Augusta, GA
Attn: Copyright Agent
Phone: (706) 667-6000
Fax: (706) 667-6218
This Agreement and the relationship between you and DCP shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. This Agreement constitutes the entire agreement between you and us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.