Swingnature welcomes you to our exciting online golf training interactive community
– my.swingnature.com – as well as other Web site and services owned or operated
by Swingnature or its corporate parent, KR Golf Solutions Inc. This Terms &
Conditions (“Terms” or “Agreement”) is for the users, members, customers, and others
who visit and use Swingnature (collectively or individually, "Members").
The services hereunder are offered by Swingnature/KR Golf Solutions Inc., PO Box
93018 RPO Headon Road, Burlington, ON, Canada, L7M 4A3 – Customer Service.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using
and/or registering for an account with My.Swingnature.com, you acknowledge that
you have read, understood, and agree to be bound by the following terms, including
use recommendations, guidelines, or future modifications (collectively, the "Terms").
If you do not agree to these Terms, do not use My.Swingnature.com.
Services:
My.Swingnature.com provides an exciting and ever-changing online golf training interactive
community and includes a variety of golf training applications that allows the user
to engage in a social community, online training available through your computer
browser. The social communities may include communication tools which are unscripted,
as well as visual and audio display. My.Swingnature.com content may be accessed
through any medium or device now known or hereafter developed (the “Services”).
You also understand and agree that the Services may include advertisements and that
these advertisements are necessary for My.Swingnature.com to provide the Services.
You also understand and agree that the Service may include certain communications
from Swinganture, KR Golf Solutions Inc., and related or affiliated companies, such
as service announcements, administrative messages, special member opportunities,
and advertising that My.Swingnature.com feel may be of interest to the Members,
and that these communications are considered part of My.Swingnature.com membership.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Services, including the release of new My.Swingnature.com properties, shall
be subject to the Terms. You understand and agree that the Service is provided "AS-IS"
and that My.Swingnature.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Services, and that access may involve
third-party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Services.
My.Swingnature.com Account:
You agree that the information you provide to My.Swingnature.com on Member registration
and, at all other times, will be true, accurate, current and complete. You also
agree that you will ensure that this information is kept accurate and up-to-date
at all times.
You are responsible for maintaining the confidentiality of the password and account
and are fully responsible for all activities that occur under your password or account.
You agree to
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a.
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immediately notify Swingnature of any unauthorized use of your password or account
or any other breach of security, and
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b.
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ensure that you exit from your account at the end of each session. Swingnature cannot
and will not be liable for any loss or damage arising from your failure to comply
with this paragraph.
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Privacy Policy:
Your privacy is important to Swingnature. Swingnature’s Privacy Policy is hereby
incorporated into these Terms by reference. Please read this notice carefully for
details relating to the collection, use, and disclosure of your personal information.
Never display any personal information that could be used to find you in the real,
off-line, world—for example, your full real name, email address, mailing or home
address, or phone numbers.
Prohibited Conduct:
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a.
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"stalk", harass, threaten, or defraud other My.Swingnature.com Members
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b.
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send, post, or make available pornographic, threatening, embarrassing, hateful,
racially or ethnically insulting, libelous, or otherwise inappropriate messages
to other My.Swingnature.com Members
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c.
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make unsolicited offers, advertisements, proposals, chain letters, or send junk
mail, to other Members
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d.
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impersonate another person or access another Member's account without permission
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e.
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fail to deliver payment for any purchases made on Swingnature
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f.
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share My.Swingnature.com-issued passwords with a third party or encourage another
Member to do so
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g.
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misrepresent the source, identity, or content of information transmitted via My.Swingnature.com
or publishing content of another without proper permission and rights, for example,
incorporating a private video or audio message or passing off such message as your
own
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h.
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use Swingnature/My.Swingnature.com for any illegal purpose
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i.
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interfere with any security-related features of My.Swingnature.com
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j.
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intentionally interfere with the operation of My.Swingnature.com or any Member's
enjoyment of it, or intentionally post inflammatory statements to get responses
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For my information on our Privacy Policy, please go to Privacy Policy.
Ownership of Propritary Rights:
My.Swingnature.com is owned and operated by Swingnature/KR Golf Solutions Inc.,
and related or affiliated companies. The visual interfaces, graphics, design, compilation,
information, computer code, products, software, services, and all other elements
of My.Swingnature.com provided by My.Swingnature.com, including without limitation
any designs, virtual items, My.Swingnature.com accounts or user identifications,
or visual art and any combination thereof (all of the foregoing, collectively, the
"Materials") are protected by copyright, trade dress, patent, and trademark
laws, international conventions, and all other relevant intellectual property and
proprietary rights, and applicable laws. Except for any Member Submissions, which
are owned by and provided by our Members, all Materials contained on My.Swingnature.com
are the property of My.Swingnature.com or its subsidiaries or affiliated companies
and/or third-party licensors. All trademarks, service marks, and trade names are
proprietary to My.Swingnature.com or its affiliates and/or third-party licensors.
Except as expressly authorized by My.Swingnature.com, you agree not to buy, sell,
license, distribute, copy, modify, publicly perform or display, transmit, publish,
edit, adapt, create derivative works from, or otherwise make any unauthorized or
commercial use of the Materials.
MEMBER SUBMISSIONS
Member Content:
You shall be solely responsible for your own Member Submissions and the consequences
of posting or publishing them. In connection with Member Submissions, you affirm,
represent and/or warrant that:
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i.
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you own, or have the necessary licenses, rights, consents, and permissions to use
and to authorize My.Swingnature.com and My.Swingnature.com’s Members to use your
Member Submissions as necessary to exercise the license granted by you in under
the Terms and
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ii.
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you have the written consent, release, and/or permission of each and every identifiable
individual person in any Member Submissions to use the name or likeness of each
and every such identifiable individual person, to enable inclusion and use of the
Member Submissions in the manner contemplated by My.Swingnature.com and these Terms.
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In connection with Member Submissions, you further agree that you will not:
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i.
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submit material that is copyrighted, protected by trade secret or otherwise subject
to third-party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner to
post the material and to grant My.Swingnature.com all of the license rights granted
herein;
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ii.
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publish falsehoods or misrepresentations that could damage My.Swingnature.com or
any third party;
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iii.
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submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive or encourages conduct that
would be considered a criminal offense, give rise to civil liability, violate any
law or is otherwise inappropriate;
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iv.
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post advertisements or solicitations of business; or
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v.
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impersonate another person.
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You understand that when using My.Swingnature.com you will be exposed to Member
Submissions from a variety of sources, and that My.Swingnature.com is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such Member Submissions. You further understand and acknowledge that you may
be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against My.Swingnature.com with respect thereto, and agree
to indemnify and hold My.Swingnature.com, its owners/operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all matters related
to your use of My.Swingnature.com. My.Swingnature.com does not endorse any Member
Submission or any opinion, recommendation or advice expressed therein, and My.Swingnature.com
expressly disclaims any and all liability in connection with Member Submissions.
If notified by a Member or a content owner of a Member Submission that allegedly
does not conform to these Terms, My.Swingnature.com may investigate the allegation
and determine in good faith and in its sole discretion whether to remove the Member
Submission, which it reserves the right to do at any time.
Disclaimer:
THE INFORMATION, CONTENT AND MATERIALS ON MY.SWINGNATURE.COM ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON MY.SWINGNATURE.COM
(INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MY.SWINGNATURE.COM OR THE SERVERS
THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED
IN ANY WAY TO MY.SWINGNATURE.COM, INCLUDING, WITHOUT LIMITATION, USER-GENERATED
CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM MY.SWINGNATURE.COM
IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability
of information, content and materials found on sites that link to or from My.Swingnature.com.
We cannot ensure that you will be satisfied with any products or services that you
purchase from a third-party site that links to or from My.Swingnature.com or third-party
information, content or materials contained on our sites (including, without limitation,
User-Generated Content contained in Public Communities). We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy, completeness
or reliability of, any of the information, content or materials contained on any
third-party site. We do not make any representations or warranties as to the security
of any information, content or materials (including, without limitation, credit
card and other personal information) you might be requested to give to any third
party. You hereby irrevocably waive any claim against us with respect to information,
content and materials contained on our sites (including, without limitation, User-Generated
Content), on third party sites, and any information, content and materials you provide
to such third party sites (including, without limitation, credit card and other
personal information). We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction
with any of these third parties.
Indemnification and Hold Harmless:
You agree to indemnify, save, and hold My.Swingnature.com, KR Golf Solutions Inc.
its affiliated companies, and its suppliers, licensors, and partners harmless from
any claims, losses, damages, liabilities, including attorneys' fees, arising
out of your use or misuse of My.Swingnature.com, violation of these Terms, violation
of the rights of any other person or entity, or any breach of the representations,
warranties, and covenants made by you herein. My.Swingnature.com reserves the right,
at your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify My.Swingnature.com, and you agree to cooperate with
My.Swingnature.com's defense of these claims.
Limitation of Liability and Damages:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MY.SWINGNATURE.COM,
KR GOLF SOLUTIONS INC., OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY
PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE
OR YOUR INABILITY TO USE THE MATERIALS ON MY.SWINGNATURE.COM, OR ANY OTHER INTERACTIONS
WITH MY.SWINGNATURE.COM, EVEN IF MY.SWINGNATURE.COM OR A MY.SWINGNATURE.COM-AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES,
MY.SWINGNATURE.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
IN NO EVENT WILL MY.SWINGNATURE.COM, KR GOLF SOLUTIONS INC., OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT
OF OR RELATING TO THESE TERMS OR YOUR USE OF MY.SWINGNATURE.COM, INCLUDING WITHOUT
LIMITATION YOUR INTERACTIONS WITH OTHER MY.SWINGNATURE.COM MEMBERS, (WHETHER IN
CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING MY.SWINGNATURE.COM DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE
HUNDRED DOLLARS, WHICHEVER IS GREATER.
IN NO EVENT WILL MY.SWINGNATURE.COM, KR GOLF SOLUTIONS INC., OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT
OF OR RELATING TO THESE TERMS OR YOUR USE OF MY.SWINGNATURE.COM, INCLUDING WITHOUT
LIMITATION YOUR INTERACTIONS WITH OTHER MY.SWINGNATURE.COM MEMBERS, (WHETHER IN
CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING MY.SWINGNATURE.COM DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE
HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MY.SWINGNATURE.COM
AND RECEIVED THROUGH OR ADVERTISED ON MY.SWINGNATURE.COM OR RECEIVED THROUGH ANY
LINKS PROVIDED ON MY.SWINGNATURE.COM.
Miscellaneous:
Notice. Except as explicitly stated otherwise, legal notices will be served on KR
Golf Solutions Inc.'s national registered agent or to the email address you
provide to My.Swingnature.com during the registration process. Notice will be deemed
given twenty-four hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you legal notice by
mail to a postal address, if provided by you through My.Swingnature.com. In such
case, notice will be deemed given three days after the date of mailing.
Waiver. The failure of My.Swingnature.com to exercise or enforce any right or provision
of these Terms will not constitute a waiver of such right or provision. Any waiver
of any provision of these Terms will be effective only if in writing and signed
by My.Swingnature.com.
Severability. If any provision of these Terms shall be unlawful, void, or for any
reason unenforceable, then that provision will be deemed severable from these Terms
and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related Guidelines, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by My.Swingnature.com
without restriction.
Headings. The heading references herein are for convenience purposes only, do not
constitute a part of these Terms, and will not be deemed to limit or affect any
of the provisions hereof.
Claims. YOU AND MY.SWINGNATURE.COM, and KR GOLF SOLUTIONS INC. AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO MY.SWINGNATURE.COM MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Copyright Notice:
My.Swingnature.com, Swingnature, and all content and images associated with My.Swingnature.com
are protected by © Copyright 2008. All Rights Reserved.
If you have any questions or concerns, please contact us at Customer Service