All rights not expressly granted to you are reserved.
1. THE TOOL
Accel Golf is a piece of software created to enter, track, and analyze golf statistics for individuals, coaches, and teams. In addition, this application provides supporting tools like a calendar, drill library, and AI coach to help players improve and is customized for mobile devices. It can be used to both enter and view golf statistics. Several graphs, charts, and in-depth analyses of different parts of a player’s golf game are readily accessible in the Tool.
The Tool is not tailored to comply with any industry-specific law, rule or regulations You may not use the Tool in any way that would violate any applicable laws, rules or regulations.
2. SCOPE OF USE
You may not share or make the Tool available to any third parties, sell, rent, lend, lease, or otherwise redistribute the Tool (unless to the degree allowed by the Apple and Google Play Terms and Conditions, and then only with the Company’s prior written consent).
You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Tool, or any part thereof (except with the Company’s prior written consent).
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
3. TECHNICAL REQUIREMENTS
The Company shall endeavor to keep the Tool updated so that it can comply with modified/new versions of the firmware and new hardware. You are not granted rights to claim or demand such an update, and the Company is under no obligation to do so.
You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Tool satisfies the technical specifications mentioned above.
The Company reserves the right to modify the technical specifications as it sees appropriate at any time.
You acknowledge that neither the Company, Apple, nor Google Play have any obligation whatsoever to furnish any maintenance and support services with respect to the Tool.
4. USE OF DATA
5. USER GENERATED CONTRIBUTIONS
The Company may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Tool and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
i. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
iv. Your Contributions are not false, inaccurate, or misleading.
v. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
vi. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by the Company).
vii. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
viii. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
ix. Your Contributions do not violate any applicable law, regulation, or rule.
x. Your Contributions do not violate the privacy or publicity rights of any third party.
xi. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
xii. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
xiii. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Tool or making Contributions accessible to the Tool by linking your account from the Tool to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Tool. You are solely responsible for your Contributions to the Tool and you expressly agree to exonerate, indemnify and hold the Company harmless from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
The Company has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Tool; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. The Company has no obligation to monitor your Contributions.
7. NO LIABILITY
The Company shall not, under any circumstances or in any event whatsoever, have any liability for any acts, error or omission or delay of any kind occurring in relation to the Tool, or your downloading, accessing, or use of the Tool, or for any damage resulting therefrom.
8. NO WARRANTY
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS TO THE TOOL, IT’S EFFICACY OR MERCHANTABILITY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, WORKMANSHIP, SAFETY, LEGAL COMPLIANCE OR FITNESS FOR A PARTICULAR PURPOSE. THE TOOL IS PROVIDED IN AS-IS CONDITION.
9. LEGAL COMPLIANCE
You represent and warrant that you are not located in a country that is 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. You further represent that you are permitted to download and use the Tool in the jurisdiction in which you are located.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Tool, please contact:
12. APPLICABLE LAW