The original version of this page and its content is French (France). In case of translation conflict between this page and the original page, the original page prevails.
General information:
The www.golf-fairway.eu website is published by Water Hazard SARL with a capital of €4,100, registered at the Trade and Business Register in France.
Headquarters:
Water Hazard
125 Rue Perronnet
92200 Neuilly sur Seine
France
E-mail contact: contact@water-hazard.com
Hosting:
The website www.golf-fairway.eu is hosted by:
OVH
2 rue Kellermann
59100 Roubaix
France
Phone : +33(0)8 203 203 63
Website’s terms of use – last update: November 4th 2011
Preamble
These terms of use frame the relationship between Water Hazard SARL and any person using the public parts of the Golf & Fairway service whether he/she be visitor, private member or subscriber.
By accessing the www.golf-fairway.eu site users declare that they have read and accepted, without any reserve, these terms of use.
This page defines the terms under which the Water Hazard SARL company (hereinafter "Water Hazard"), whose full details are given in the general information section of this page, provides the Golf &Fairway service to users. The website provides a platform for information and services in the field of golf.
Access to the subscription service is available to subscribers of the platform of information and services Golf & Fairway (www.golf-fairway.eu). The latter is specifically ruled by the Golf & Fairway Service’s Terms of Subscription.
Article 1: Object of the Golf & Fairway Internet service
The Internet service Golf & Fairway (www.golf-fairway.eu) is a platform for information and services dedicated to the game of golf accessible through the Internet.
Article 2: Access to the service
The Golf & Fairway platform is open to anyone with an Internet access.
However, the Golf & Fairway platform offers the user to register as a private member at no cost and a possibility for the Golf professionals to subscribe to a Golf & Fairway service offer.
A private member is not considered by Golf & Fairway as representing a corporation. Registration as a private member is reserved for people aged 13 or over. A private member accesses the site but with limited functionalities compared to a Professional Member.
A Professional Member is an individual authorized to represent a business entity officiating in the area of golf, especially golf clubs, golf associations, golf networks, professional golfers, sponsors... The professional member has privileged access within Golf & Fairway’s site. He must undergo a process of subscription to acquire the subscriber status.
A Professional member accesses to certain parts of the site reserved for his status.
Access to www.golf-fairway.eu is possible 24 hours a day, 7 days a week, except in cases of “force majeure”, or if occurs an event beyond the control of Water Hazard, as well as in case of any breakdown and necessary maintenance for the proper functioning of the site.
Article 3: Loss of access to the service
Failure to follow the terms of use or any false declaration of information when opening a member account is likely to result in immediate termination of the account without notice.
Water Hazard is not responsible for the consequences of false statements made by its members at the time of registration.
At least, when a member account has been terminated by Water Hazard after a fraudulent use or a non-compliance with these provisions, the member is not allowed to create a new account without prior approval of Water Hazard.
Article 4: Netiquette
The Golf & Fairway website is a place dedicated to the world of golf allowing golf fans and enthusiasts to get together and find professionals.
It is therefore requested the members to comply with this framework in their comments and community spaces and to focus their publications on this specific area.
In particular, Water Hazard can not tolerate the publication of racist, pornographic, paedophile or encouraging drug use contents or contents delivering viruses or worms. Visitors, members or professionals on the site also undertake not to use the Golf & Fairway site for promotions without permission from Water Hazard, especially not to use robots or spiders to solicit Golf & Fairway’s members. While keeping their own expression freedom, visitors and members also undertake not to publish on the site content that is insulting to other members, visitors or professionals.
Moreover, members, by registering on Golf & Fairway undertake to disclose their true identity and not to create an account under a false identity or on behalf of another person or entity without having previously been authorised by the person or entity. Water Hazard may also change the username of the member if it is deemed offensive or in violation of these provisions.
Water Hazard has the right to remove without notice any content that violates this etiquette and to delete the account of a member in case of repeated abuse without releasing the offender to possible legal action resulting from the non respect of this etiquette.
Article 5: Accessible contents on the website
The Water Hazard Company makes available to users of the www.golf-fairway.eu site available and checked information, but it can not be held responsible for the unavailability of certain information. Water Hazard has the right to alter and / or remove any part of the site without notice.
In addition, there is no guarantee concerning the accuracy of this content, accuracy or completeness of the provided information.
At least, Water Hazard, wishing to be a free opinion and free expression defender, can not be held responsible for the ratings or quality comments made by members of Golf & Fairway site about golf courses or any other trademark. Except in case of breach of the fundamental principles of image rights, international or French law or breach of these terms of use, Water Hazard can not approve a demand to withdraw a comment or rating.
Article 6: Ownership, Trademarks and Hyperlinks
6.1 Ownership
The broadcasted contents (texts, logos, images, sounds, softwares, icons, layout, database...) on the Golf & Fairway site are protected by national and international law of intellectual property.
This content remains the exclusive ownership of intellectual rights holders. In particular, any content specific to the www.golf-fairway.eu site remains the exclusive ownership of Water Hazard.
Water Hazard invites its members to only broadcast the contents of which they are authors or rights owners or free usage contents.
Members of Golf & Fairway, by broadcasting content on the Golf & Fairway site, on the one hand attest that they own all rights on the published works (texts or pictures) and on the other hand they give Water Hazard a worldwide, non-exclusive, sub licensable, transferable and free use and dissemination of the contents until their removal from the Golf & Fairway site by the member. Once the content is deleted by the member, without it being broadcasted, it can be stored by Water Hazard for certain duration on backup copies. Other users who would have reproduced and not removed the content may continue to broadcast it. It is the member’s to ensure that the rules of the content’s broadcasting are respected by other users.
As such, unless prior written authorization of the Water Hazard Company, users can not make any reproduction, adaptation, translation and / or total or partial transformation, or a transfer to another web site of any material from the www.golf-fairway.eu site.
At least, members recognize the right of Water Hazard to remove without notice any content posted by them and on which they do not hold the content rights. The members also recognize that in case of repeated violations of this right, Water Hazard may delete their accounts and their access.
6.2 Trademarks
The trademarks and logos shown on the www.golf-fairway.eu site are registered by the companies that own them. Any reproduction, republication or redistribution of names or logos, by any means without prior written permission of their owner, is prohibited by law.
6.3 Hyperlinks
The hypertext links set up as part of this www.golf-fairway.eu website, leading to other resources on the Internet, are not the responsibility of the Water Hazard Company. Water Hazard also declines any responsibility regarding the content and relevance of information on sites published by third parties and accessible from the www.golf-fairway.eu site through hypertext links.
Article 7: Protection of personal data
The personal data about users collected by Water Hazard are treated in accordance with French Law No. 78-17 of 6 January 1978 amended by Act No. 2004-801 of 6 August 2004.
The member has the right to modify and to access personal data concerning him, and to ask for their removal for legitimate reasons by addressing to Water Hazard using the Contact section hereafter.
To go further on this request, Water Hazard is authorized to ask the individual to prove his identity.
Water Hazard may use the data submitted by the Member for direct marketing campaigns for its similar services by sending communications to the member, by any mean, including by e-mail.
Water Hazard is also authorized to:
- use these data for electronic communication campaigns (email, mobile phone, etc.) and postal campaigns to communicate to the Member on commercial offers that might interest him from Water Hazard or partners on services or products related to the world of golf.
- transfer this information to the Water Hazard Group companies as part of the promotion or management of various services of the group.
At any time, the member may exercise his right to refuse to receive a campaign mentioned in the above terms of use.
Moreover, in case of transfer of the personal data related to a Member, in order to manage the account, commercial offers and associated advertising, Water Hazard undertakes to respect the French and European legislations related to international data transfers. Water Hazard is at the disposal of the Member to give him any information.
Article 8: Applicable law and dispute resolution
Terms of Use are governed by French law.
In case of dispute, the user may submit a paper or electronic mail to Water Hazard as indicated in the article "Contact" of the Terms of Use. If unable to amicably resolve a dispute, it will be submitted to the competent French jurisdiction, the commercial court of Nanterre, France.
Article 9: Contact
For any question regarding the usage of the Golf & Fairway service, users can use the following procedure:
- For any personal data protection related question:
private@water-hazard.com
or
Water Hazard
125 Rue Perronnet
92200 Neuilly sur Seine
France
- To report an abuse:
In case a user would find a case of non-compliance of these provisions by one or several Golf & Fairway members, or if anyone considers that he is the owner of an unduly broadcasted content on the Golf & Fairway site and if he wishes to request its removal, he must request it to Water Hazard, by e-mail to abuse@water-hazard.com, describing precisely the facts. If, after investigation by Water Hazard, the request is considered as justified, the content will be removed as soon as possible.
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