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TERMS AND CONDITIONS FOR USE OF ACCOUNT
The use of Capto Golf’s services is subject to the terms and conditions outlined below. In order to sign-up, you need to accept them. We encourage you to read them carefully.
1.1 Your privacy is very important to us. We follow and comply with Regulation (EU) 2016/679 (the “General Data Protection Regulation”). The General Data Protection Regulation is a regulation on data protection and privacy for individuals.
1.2 Please refer to our Privacy Notice for further information on the personal data we collect, our use hereof and your rights.
2.1We use cookies to improve your user experience. Please refer to our Cookies Policy for further information on the cookies used by Capto Golf.
3.1We do our best to keep your Capto Golf account safe. However, we need your help to keep your Capto Golf account safe, which includes the following commitments by you: You will not upload viruses or other malicious code. You will not solicit login information or access a Capto Golf account belonging to someone else. You will not use your Capto Golf account to do anything unlawful, misleading, malicious, or discriminatory. You will not facilitate or encourage any violations of these terms and conditions.
4.1Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information, or create a Capto Golf account for anyone other than yourself without permission. You will keep your contact information accurate and up-to-date. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account to anyone.
5.1We respect other people's rights, and expect you to do the same. If you collect data from other players, you will: obtain their consent, make it clear you (and not Capto Golf)are the one collecting their information, and provide them with a privacy notice explaining what information you collect and how you will use it. You will not take any action in connection with your use of your Capto Golf account that infringes or violates someone else's rights or otherwise violates the law. Except for the standard materials provided through the Capto Golf Media Kit, you will not use Capto Golf’s copyrights or trademarks or any confusingly similar marks without our prior written permission. You will not send email invitations to non-users without their consent.
6.1 If you download or use our software, such as a stand alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates(including license change) and additional features from us in order to improve, enhance, and further develop the software.
6.2 You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
8.1If anyone brings a claim against us related to your actions, content or information on your Capto Golf account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
8.2 Although we provide rules for user conduct in these terms and conditions, we do not control or direct users' actions on their Capto Golf account and are not responsible for the content or information users transmit or share via their Capto Golf accounts.
9.1 We will use reasonable skill and care in providing the Capto Golf account to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that your Capto Golf account will always function without disruptions, delays or imperfections.
9.2 Capto Golf’s liability cannot exceed the amount you have paid us in the last 12 months.
9.3 Capto Golf is liable for direct losses only and shall in no event be liable for any consequential loss, loss of profits, loss of data or any other indirect losses.
10.1 These terms and conditions make up the entire agreement between the parties regarding use of your Capto Golf account, and supersede any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
10.2 If we fail to enforce any of our rights under these terms and conditions, it will not be considered a waiver.
10.3 You will not transfer any of your rights or obligations under these terms and conditions to anyone else without our consent.
10.4 All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
10.5 Nothing in these terms and conditions shall prevent us from complying with the law.
10.6 These terms and conditions do not confer any third party beneficiary rights.
10.7 You will comply with all applicable laws when using or accessing your Capto Golf account.
11.1 UK law shall govern this agreement. Any disputes or claims arising out of or in connection with this agreement are to be brought before the ordinary courts of law with the County Court of the first instance.
Notwithstanding the just said, Capto Golf are entitled to bring any such disputes before courts of law within the user's jurisdiction, including for the purposes of enforcing its rights under the agreement.
11.2 If any portion of these terms and conditions is deemed void or unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.
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