Terms of use

IBetGolfing Mobile Terms and Conditions of Use

Below is IBetGolfing’s user Terms and Conditions (“Mobile Terms”).
By using the Mobile Service, you accept and agree to be bound by these Mobile Terms.
Your continued use of the Mobile Service is conditioned upon your compliance with the Mobile Terms.

Entire agreement

Acknowledgment of this agreement constitutes all the terms and conditions agreed upon between you and IBetGolfing and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions that relate to the content stated in this agreement whether it be in any oral or written form of communication from you to IBetGolfing are void.

We may provide a special offer for you to participate in a contest or special promotion through the IBetGolfing App. These contests or special promotions may be governed by terms and conditions that are different from this one. If the content stated in the contest or special promotion’s terms and conditions differs from that of this one, then the separate terms and conditions shall overrule this one.

By using the IBetGolfing app you agree to abide by these terms and conditions and not conduct yourself in any manner not expressly permitted by the Terms.

Changes to the Agreements

At any time, we may at our discretion make changes to the IBetGolfing app terms and conditions. When changes to the terms and conditions occur, you will be notified of such changes through the IBetGolfing App. Once those changes are made, your continued use of IBetGolfing is your acknowledgment and acceptance of these changes.

Licence and assignment

The content provided within the IBetGolfing app is user content generated and therefore is not the property of the IBetGolfing App. We allow you to have unlimited access and use of the IBetGolfing App and all of its content.

IBetGolfing does maintain full ownership of its mobile application software before and after installation on your device.

All IBetGolfing’s trademarks, service marks, trade names, logos, domain names, and any other features of the IBetGolfing brand are the sole property of IBetGolfingYou do not have any rights to use any features of the the IBetGolfing brand in addition to IBetGolfing’s trademarks, service marks, trade names, logos, or domain names for commercial or non-commercial use.

User generated content

IBetGolfing users may post, upload and/or contribute content to the app, including text. Any content you provide to the IBetGolfing app is solely your responsibility as are any consequences thereof. When contributing content to the IBetGolfing app you are expressing that you have the right to do so, and that such user content, or its use by us as mentioned in this Agreement, does not: (a) violate any of our Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by IBetGolfing or any entity or individual without express written consent from such individual or entity. By posting content on the IBetGolfing app you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use this content as we deem fit.

IBetGolfing reserves the right to monitor, review, edit, remove user content, or disable access to any user content for any or no reason, including but not limited to, user content that, in IBetGolfing’s sole discretion, violates these Agreements. IBetGolfing may execute on these actions without any prior notification to you. At our discretion, we may remove your content or disable your access to the IBetGolfing app at any time.

IBetGolfing does not endorse any opinion that is expressed within any user content and is therefore not responsible for any user content provided. If you believe that user content does not adhere to these terms and conditions or infringes on your intellectual property rights or any rights under applicable law, then please contact us at legal-feedback@ibetgolfing.com.

Consideration

Failure to enforce these terms and conditions and its provisions by IBetGolfing does not waive the rights of IBetGolfing to do so.

User Guidelines

We want everyone to enjoy the app and we ask that you abide by some rules when using the IBetGolfing app. Respect other users and the content they provide. Do not engage in illegal activities through the IBetGolfing app or upload user content that (a) is illegal, or intended to be illegal, promote, or commit an illegal act of any kind, including but not limited to; violations of proprietary, privacy, and/or intellectual property right of the IBetGolfing app or any third party; (b) solicits or promotes any commercial products or services including the use of sales activities such as pyramid schemes, advertising, sweepstakes, and contests ; (c) harasses and/or bullies or intends to harass and/or bully other users of the app; (d) misrepresents or impersonates your affiliation with any other user, person, or entity, or is otherwise false, deceptive, fraudulent, or misleading; (e) involves the use of unsolicited mass spam mailing, chain letters, junk mail, or anything that is similar to within the IBetGolfing app or sent to IBetGolfing users; (f) interferes with the IBetGolfing app services in any way including malware, viruses, trojan horses, or anything else that causes issues with the IBetGolfing service along with its network, or breaches thereof; (g) conflicts with this agreement as determined by IBetGolfing.

IBetGolfing includes the ability to post User Content, share content, and make certain information public. Shared or publicly available information may be used or shared by other users. IBetGolfing has no responsibility regarding the privacy of information contributed by users.

Failure to follow these guidelines will result in legal action and termination of app use.

Copyright infringement

IBetGolfing respects the rights of intellectual property owners. If you believe any content within IBetGolfing infringes upon any copyright, please alert us at legal-feedback@ibetgolfing.com.

Technology limitations and modifications

IBetGolfing makes every reasonable effort to keep its service operational at all times. However, there may be maintenance and technological difficulties that arise and as a result IBetGolfing may not be functioning properly. IBetGolfing reserves the right to make changes to the app whenever IBetGolfing deems necessary which may cause changes to the functions and features of the IBetGolfing service. These changes may happen with or without notice or consent from its users. As a user, you understand and agree that IBetGolfing has no obligation to maintain or support it’s service, or to provide all of the user generated content that is displayed through the service.

Warranty

We endeavor to provide the best service we can. However, THE CASTIVATE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE CASTIVATE SERVICE AT YOUR OWN RISK. CASTIVATE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

In addition, IBetGolfing does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party content, User Content, or any other product or service advertised or offered by a third party on or through the IBetGolfing or any hyperlinked website, or featured in any advertising. You understand and agree that IBetGolfing is not responsible or liable for any transaction between you and any third party advertised on or through the IBetGolfing app. No advice or information whether oral or in writing obtained by you from IBetGolfing shall represent warranty on behalf of IBetGolfing in this regard.

Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the IBetGolfing Service is to uninstall any IBetGolfing software and to stop using the app.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CASTIVATE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CASTIVATE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CASTIVATE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CASTIVATE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CASTIVATE DURING THE PRIOR THREE MONTHS IN QUESTION.

Nothing in these Agreements removes or limits IBetGolfing’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

Severability

If any provision within these terms be deemed invalid or unenforceable for any reason or to any extent, it shall in no way render the remaining provisions of the terms as invalid or unenforceable, and the application of that provision shall be enforced to the extent permitted by law.

Choice of law, mandatory arbitration and venue

These Agreements are subject to the laws of the State of California, United States, without regard to choice or conflicts of law principles. Furthermore, you and IBetGolfing agree to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California to resolve any dispute, claim or controversy that arises from these Agreements.

You and IBetGolfing agree that any dispute, claim or controversy arising out of or relating in any way to the IBetGolfing app service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and IBetGolfing are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the cessation of your use of IBetGolfing. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and IBetGolfing agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.

You and IBetGolfing agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the IBetGolfing Service are NOT subject to mandatory arbitration. Instead, you and IBetGolfing agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Santa Clara County, California and that applicable California and/or Federal law shall govern, without regard to choice of law principles.

YOU AND CASTIVATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by IBetGolfing. Any arbitration costs or fees deemed “excessive” will be paid by IBetGolfing.