Consistent Shot, LLC d/b/a GolfVideoEditor (“GolfVideoEditor,” “we,” or “us”) is a technology service company that enables customers (“you” or “your”) to edit golf videos. We make this Service available through our mobile application (“Application”). We also have a website (“Website”) as an informational page about us and the Services and we do not offer the Services provided by the Application on the Website.
For the avoidance of doubt, the term “Services” as used in these Terms of Service refers only to the services offered through our Application. Our Services are exclusively to provide a platform to enable you to edit golf videos using the features and functions offered through our Application.
The collection, use, maintenance, disclosure and disposal of your personally identifiable information, including the collection and use of your information, through the Application and provision of the Services is governed by our Privacy Policy (the “Privacy Policy”), which can be found at https://www.golfvideoeditor.com/privacy-policy/. Our Privacy Policy is expressly incorporated into and made a part of these Terms of Service by reference.
IN ORDER TO USE OUR SERVICE, YOU MUST FIRST AGREE TO THESE TERMS OF SERVICE (the “Terms of Service”) WHICH IS AN ELECTRONIC CONTRACT THAT SETS OUT THE LEGALLY BINDING TERMS RELATING TO YOUR USE OF THE SERVICES, THE WESBITE, AND THE APPLICATION. YOU MAY NOT USE THE SERVICES, THE WEBSITE, OR THE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE. BY DOWNLOADING, ACCESSING OR USING THE APPLICATION, THE WEBSITE, OR SERVICES, BY PROVIDING INFORMATION TO US IN CONNECTION WITH THE APPLICATION, THE WEBSITE, OR SERVICES AND/OR BY ELECTRONICALLY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, WHICH INCLUDES THE PRIVACY POLICY AND ALL OTHER POLICIES, RULES, AND GUIDELINES, AS MAY BE MODIFIED FROM TIME TO TIME, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IN THE EVENT OF A CONFLICT, THESE TERMS OF SERVICE WILL TAKE PRECEDENCE.
We reserve the right to modify these Terms of Service at any time, effective upon making the modified provisions available on the Application or Website or by notifying you directly. You are responsible for regularly reviewing these Terms of Service for modifications and updates. Continued use of the Application or Website after any such changes are made shall constitute your affirmative consent to be bound by such changes. Notwithstanding any contrary language, the arbitration agreement in Section 16 of these Terms of Service may not be modified or terminated absent a writing signed (electronically or otherwise) by you and GolfVideoEditor.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS. BY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Capitalized terms are defined as set forth below or elsewhere in these Terms of Service.
3.1 “Application” means the mobile application(s) provided or utilized by GolfVideoEditor that enables you to access the Services for the purpose of editing golf videos, as may be updated or modified from time to time.
3.2 "Device" means a mobile or other device owned or controlled by you on which the Application has been installed and/or accessed as authorized by GolfVideoEditor pursuant to the license contained herein.
3.3 "Instructional Services" means the provision of swing analyses, virtual lessons, drills and other golf instruction by an Instructor via the Services.
3.4 "Services" means GolfVideoEditor’s services that enable you to edit videos by performing actions, including but not limited to, adding graphics or text and creating a new video with the edits made. These services may be updated or modified from time to time.
3.5 "Content" means all content submitted, uploaded, created, or transmitted on or through the Application or the Services, including but not limited to text, graphics, images, photographs, music, software, audio, video, information or other materials, including but not limited to audio, video and text files containing your swing, your requests, quotes, descriptions, messages, reviews, and other information or materials available on or through the Application, Website, or the Services.
4.1 Accurate Information. It is your responsibility to provide accurate and truthful information about your identity, payment-related information and other information during the entire time you are using the Application. By using the Application and Services you represent and warrant to GolfVideoEditor that all of the information you provide during the video editing process is true and correct. We reserve the right to refuse or cancel your account or your use of the Application and/or the Services if we determine that you have not provided complete and accurate information. We are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us. You are responsible for keeping all information listed about you when using the Application accurate and truthful at all times.
4.2 Devices and Other Equipment. You acknowledge and agree that you are responsible for the acquisition, cost and maintenance of any Devices needed to access and use the Services as well as any necessary wireless data plan. You further understand that you are responsible for the acquisition, cost and maintenance of any applications, analysis tools, and all other materials that you determine are necessary to receive or utilize Instructional Services you request.
4.3 Protection Against Unauthorized Use and Access. You are responsible for maintaining the confidentiality of your videos created using the Application. We will not be liable for any loss or damage arising from your failure to comply with this provision.
5.1 Services. Subject to the provisions of these Terms of Service, you shall have the right to edit your videos using the Application and Services.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Service.
You represent, warrant, and covenant to GolfVideoEditor that: (a) you meet the eligibility requirements in these Terms of Service; (b) you will comply with these Terms of Service; (c) you will comply with all applicable laws, rules and regulations in connection with using our Services; and (d) any information or materials you transmit through the Application, Website, or the Services for any purpose will not infringe on the copyright, trademark or other intellectual property rights or trade secrets or violate any other rights of any third party.
7.1 Fees and Payment Terms. GolfVideoEditor currently does not charge any fee to use the Application, Services, or Website.
8.1 Ownership. The Application, including, without limitation, the Content, data (with the exception of your Content), metadata, design, organization, compilation, look and feel, the source, object and code and all other protectable intellectual property available through the Services and/or comprising the Application are the sole and exclusive property of GolfVideoEditor or our licensors (if any) and are protected by copyright, trademark, trade secret and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Application or the Services shall be owned solely and exclusively by GolfVideoEditor, and/or, as applicable, our licensors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto.
8.2 License Grant. These Terms of Service do not constitute a sale and does not convey to you any rights of ownership in or related to the Application and Services, or any intellectual property rights owned solely by us. Subject to your compliance with the terms and conditions of these Terms of Service, GolfVideoEditor hereby grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of these Terms of Service, to access and use the Services and to download, install and use a copy of the Application for up to three (3) personal Devices, solely for your own personal use. With respect to any open source or third-party code that may be incorporated in the Application, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code. All rights not expressly granted to you are reserved by GolfVideoEditor, and its licensors. The foregoing license grant shall immediately terminate and you agree to delete and fully remove the Application from your Device(s) and cease all use of the Services in the event that you violate any of the terms of these Terms of Service or your account is otherwise terminated or deactivated under these Terms of Service.
8.3 License Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Services or Application in any way; (b) modify or make derivative works based upon the Services or Application; (c) improperly use the Services or Application, including creating Internet "links" to any part of the Services or Application restricted to registered users, "framing" or "mirroring" any part of the Services or Application on any other websites or systems, or "scraping" or otherwise improperly obtaining data from the Services or Application; (d) reverse engineer, decompile, or disassemble the Services or Application, except as allowed under applicable law; or (e) remove any copyright, trademark or other proprietary rights notice from any portion of the Application or Services. In addition, you shall not, and shall not allow any other party to, access or use the Services or Application to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services; (iv) attempt to gain unauthorized access to the Services or its related systems or networks; or (v) send spam or otherwise duplicative or unsolicited messages. In addition to the termination of these Terms of Service, violation of this Section 8 may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties.
8.4 Trademark Usage. The GolfVideoEditor name, trademarks, service marks, and logos used and displayed on the Services, Website, or the Application (the “GolfVideoEditor Trademarks”) are owned by GolfVideoEditor. Nothing on the Services or in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any GolfVideoEditor Trademark without GolfVideoEditor’s prior written consent for each individual use. All goodwill generated from the use of any GolfVideoEditor Trademark will inure solely to GolfVideoEditor’s benefit. GolfVideoEditor Trademarks are protected under law as trademarks, service marks or trade names of GolfVideoEditor and may be registered in the United States and internationally.
8.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our email, suggestion page, feedback page, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Application, Website, and the Services.
9.1 Ownership of Your Content. You will remain the sole and exclusive owner of all Content that you make through the Application or the Services. You represent and warrant to GolfVideoEditor that any information or materials you post on or transmit through the Application for any purpose is solely and exclusively owned by you or you have all rights, licenses, consents and releases that are necessary to grant to GolfVideoEditor the rights in such Content, as contemplated under these Terms of Service.
9.2 Enforcement and Monitoring. You acknowledge and agree that we are authorized to review any Content transmitted through the Services or posted on the Application or Website. We do not undertake to review Content before it is posted on the Application or transmitted through the Services, and cannot ensure prompt removal of objectionable Content after it has been processed. We reserve the right, at any time and without prior notice, to remove, refuse to post or take other appropriate legal action, including referral to law enforcement and termination of your access to all or part of the Application, Website, and the Services, in the event that we, in our sole discretion, consider any of your Content to be fraudulent, abusive, defamatory, obscene, in violation of a copyright, trademark or other intellectual property or ownership right of any other person, or otherwise in violation of these Terms of Service.
9.3 Rules of Conduct. The Application, Services, and Website may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Application. We may, in our sole discretion and with or without notice, terminate your use if you misuse the Application, Website, or our Services, or if you violate these Terms of Service including, without limitation, the rules of conduct contained in this Section 9.
GolfVideoEditor specifically prohibits any use of the Application, Website, and Services to, and you agree that you will not use the Application or Services for, any of the following:
(a) upload or transmit to the Application, Website, or the Services by any means, or otherwise make available any Content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, an employee of GolfVideoEditor, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) use the Application, Website, or the Services for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;
(d) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
(e) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords;
(f) stalk or otherwise harass another user, any of our employees;
(g) access or attempt to access another user’s account in order to use the Application and/or Services except as allowed under these Terms of Service;
(h) access the Application, Website, or Services through access points or a wireless data account which you are not authorized to use;
(i) transmit or upload any Content or material that infringes on any intellectual property, trade secret, privacy or publicity right of another; or
(j) cause nuisance, annoyance, disruption, or inconvenience to GolfVideoEditor or any other user.
You agree GolfVideoEditor is not responsible for the misuse or misappropriation of any Content or information you provide to the Services or any Content you create with the Services and share outside the Application and Website, such as posts in any publicly viewable area, a social media profile, or reviews.
GolfVideoEditor may, at any time, modify or discontinue, temporarily or permanently, providing the Application, Website, or the Services (or any part thereof) to you, at our sole discretion and for any reason, with or without notice. You agree that GolfVideoEditor will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or the Services.
With regards to links on the Services, Website, or the Application that lead to third party websites, we do not control and are not responsible for the content of such websites, nor do we endorse any such websites, and you acknowledge that all such links are provided for your convenience only. It is your responsibility to evaluate the content on third party websites and you enter all third-party websites at your own risk. Third-party websites are not covered by these Terms of Service or our Privacy Policy; they are governed by the privacy policies and terms and conditions of those sites, which we do not control and are not responsible for. You hereby agree to hold GolfVideoEditor harmless from any liability that may result from your use of links that appear on the Services, Website, or the Application.
12.1 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLFVIDEOEDITOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING THE APPLICATION, THE WEBSITE, AND THE SERVICES INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTION AND MATERIALS WHICH ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
12.2 General Disclaimer. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, WEBSITE, AND APPLICATION IS SOLELY AT YOUR OWN RISK. GOLFVIDEOEDITOR FUNCTIONS AS A COMMUNICATIONS PLATFORM ONLY AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACCURACY OF INFORMATION PROVIDED BY, ACTIONS OR INACTIONS OF THE INSTRUCTORS WHO MAY PROVIDE INSTRUCTIONAL SERVICES TO YOU. BY USING THE SERVICES, WEBSITE, OR APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES OR APPLICATION. GOLFVIDEOEDITOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY COSTS, DAMAGES, EXPENSES OR OTHER LIABILITIES INCURRED AS A RESULT OF ANY FALSE STATEMENT, ACT OR OMISSION OF ANY INSTRUCTOR OR OTHER THIRD PARTY. GOLFVIDEOEDITOR IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY INSTRUCTOR. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND OTHER INTERACTIONS WITH ANY INSTRUCTOR.
12.3 No Service Guarantee. GOLFVIDEOEDITOR DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OR UPTIME OF THE SERVICES, THE WEBSITE, OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR APPLICATION MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SERVICES, THE WEBSITE, OR APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND GOLFVIDEOEDITOR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS OR ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE APPLICATION. GOLFVIDEOEDITOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION OR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION OR SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD PARTY, AND/OR (F) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, THE WESBITE, OR THE SERVICE. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT.
12.4 Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, THE WEBSITE, AND APPLICATION, YOUR USE OF EDITING AND CREATING EDITED VIDEOS THROUGH THE APPLICATION, REMAINS WITH YOU. IN NO EVENT WILL GOLFVIDEOEDITOR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (i) YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, THE WEBSITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES; (i) THE ACTIONS OR INACTIONS OF ANY FEATURE OF THE APPLICATION OR WEBSITE; (ii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE APPLICATION, THE SERVICES OR THESE TERMS OF SERVICE. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GOLFVIDEOEDITOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THAT SAID, IF GOLFVIDEOEDITOR IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APPLICATION, WESBITE, OR ANY SERVICES, OUR LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12.5 Video Creator and Video Subject Dispute; Release. If you are a subject of a video that was processed through the Application and Services, and the video was processed through the Application and Service without your consent, and there is a dispute between you and the video creator, you agree that GolfVideoEditor is under no obligation to become involved. In the event that you have a dispute with the video creator or an affiliate of the video creator, you release GolfVideoEditor, its affiliates and their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services and/or the Application. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
In addition to other indemnification obligations herein, you agree to indemnify, defend and hold harmless GolfVideoEditor, its affiliates, and their respective officers, directors, managers, members, employees, agents, successors and assigns from and against any and all claims, settlements, liabilities, expenses (including reasonable attorney’ fees and costs), damages, penalties, fines and taxes arising out of, in connection with or related to (a) your use or misuse of the Services, the Website, or the Application (including any actions taken by a third party using your account), (b) any breach of your representations, warranties or obligations under these Terms of Service or other violation of these Terms of Service, (c) a claim by a third party (including Instructors) directly or indirectly related to your use of the Services, the Website, or the Application, or (d) any data or Content that you submit, post to, transmit or communicate through the Services, the Website, or the Application.
You further agree that you will reasonably cooperate in the defense of any such claims. GolfVideoEditor reserves the right to select its own legal counsel to represent its interests and you agree to reimburse GolfVideoEditor for its attorneys’ fees and costs immediately upon request as they are incurred. You agree not to settle any such claim without the prior written consent of GolfVideoEditor. The obligations described in this section shall include indemnifying and holding harmless GolfVideoEditor from and against losses incurred in enforcing this section.
14.3 Terminate and Cancellation. You may terminate and cancel use of the Application, the Website, and Service at any time of your choosing.
14.4 Effect of Termination. You are responsible for exporting all of your account data prior to termination or cancellation. Upon termination, we will delete all account data pursuant to our Privacy Policy. Sections of these Terms of Service that by their nature should survive termination including, without limitation, Sections 4.5, 6, 7, 8, 9.2, 12, 13, 14.3, 16, 17 and 18, will survive the termination of these Terms of Service.
This Section 15 applies to your use of all the Services, including the iPhone, and iPad applications available via the Apple, Inc. ("Apple") App Store (the “Application"), but the following additional terms also apply to the Application: (a) both you and GolfVideoEditor acknowledge that these Terms of Service is concluded between you and GolfVideoEditor only, and not with Apple, and that Apple is not responsible for the Application or any content posted to or made available via the Application; (b) the Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as it is applicable to the Services; you will only use the Application in connection with an Apple device that you own or control; (c) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (d) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; (e) you acknowledge and agree that GolfVideoEditor, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; (e) you acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, GolfVideoEditor, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (f) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (g) both you and GolfVideoEditor acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and (h) both you and GolfVideoEditor acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof. In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
Except for disputes regarding the intellectual property rights of the parties or otherwise prohibited by law, you agree that any other claim or controversy arising out of or relating to the Services or these Terms of Service shall be settled exclusively by binding arbitration before a single arbitrator taking place in Dallas, Texas. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 2 et seq., and the laws of the State of Texas, without reference to principles of conflicts of laws. Nothing in this arbitration provision is intended to prevent you or GolfVideoEditor from filing charges with state or federal agencies. You agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you hereby waive any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. You can decline this agreement to arbitrate by submitting the opt-out form within 30 days of first accepting these Terms of Service. Judgment on the arbitration award may be entered into any court having jurisdiction in Dallas, Texas. You or GolfVideoEditor may seek any preliminary or interim relief from a court of competent jurisdiction in Dallas, Texas solely as necessary to protect the rights of property pending the completion of arbitration. Any proceeding required to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is held to be unenforceable, any litigation against GolfVideoEditor or its officers, directors, agents, investors, and employees may be commenced only in federal or state courts located in Dallas, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of those courts for such purposes. In the event of any dispute between you and GolfVideoEditor concerning the terms and provisions of these Terms of Service, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred including reasonable attorney’s fees and expenses.
If you believe that your copyrighted work has been copied, posted or distributed through the Application in a manner that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the written notice must contain the following information:
(a) a description of the copyrighted work that you believe has been infringed;
(b) a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Application;
(c) your contact information including address, telephone number, and email address;
(d) a written 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; and
(e) a statement by you, made under penalty of perjury, affirming 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; and
(f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our copyright agent at the following address:
Email Address: golfvideoeditor@gmail.com
18.1 Governing Law. The interpretation of these Terms of Service shall be governed by Texas law, without regard to the choice or conflicts of law provisions of any jurisdiction.
18.2 Severability. If any provision in these Terms of Service is held invalid by a court of competent jurisdiction, the remainder of these Terms of Service shall continue to be enforceable. If any provision in these Terms of Service is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Service and the remaining provisions are still valid and enforceable.
18.3 Assignment. You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without GolfVideoEditor’s prior written consent. GolfVideoEditor may transfer, assign, or delegate these Terms of Service and its rights and obligations without consent.
18.4 Entire Agreement; Interpretation. These Terms of Service, including the Privacy Policy and any other policies incorporated herein by reference, constitute the entire agreement and understanding between you and GolfVideoEditor relating to and governing your use of the Application and the Services and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms of Service, the words "including" and "include" mean "including, but not limited to."
18.5 Notices. By using the Application or Website, you agree to receive certain electronic communications from GolfVideoEditor. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing and will be legally enforceable as a signed document. Any notice delivered by GolfVideoEditor to you under these Terms of Service will be delivered by email to the email address associated with your account or by posting on the portal available to you on the Application. Any notice delivered by you to GolfVideoEditor under these Terms of Service will be delivered by contacting GolfVideoEditor at golfvideoeditor@gmail.com. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
18.6 Waiver. A waiver must be in writing and signed by both of the parties to have any legal effect. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GolfVideoEditor’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
18.7 Location of Services. We administer the Services from our offices in the State of Texas, USA. We make no representation that the Services are appropriate or available for use outside the United States, and access to the Services from territories where its content is illegal is prohibited. You may not use or export or re-export the Services or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
18.8 Headings. The subject headings of the sections in these Terms of Service are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
18.9 Claims. Any claim or cause of action you may have with respect to GolfVideoEditor, the Application, the Website, or the Services must be commenced within one (1) year after the claim or cause of action arose.
18.10 Contacting Us. If you have any questions about these Terms of Service, our privacy practices, or the Services, please contact us at: golfvideoeditor@gmail.com