ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.hsbcgolf.com (“Website”) and to any correspondence by e-mail between us and you. The Website is the official website of WGC-HSBC Champions and HSBC Womens Champions (Event). Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Red Door Events Limited, c/o Devonie House, 5 York Avenue, Windsor, Berkshire SL4 3PE who maintain this website on behalf of International Management Group (UK) Limited, McCormack House, Hogarth Business Park, Burlington Lane, London, W4 2TH) (together the “Operators”)
.
1. INTRODUCTION
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Operators may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1.4 From time to time, the Operators may restrict access to any part of the Website, disable password or registration details and/or remove or amend elements of the Website without further recourse by the user.
2 LICENCE
2.2 You are permitted to print and download extracts from the Website for your own personal (non-commercial) use on the following basis:
2.2.1 no documents or related graphics on the Website are modified in any way;
2.2.2 no graphics on the Website are used separately from the corresponding text; and
2.2.3 the Operators’ copyright and trade mark notices and this permission notice appear in all copies.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Operators or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system without the Operators prior written permission.
2.5 Any rights not expressly granted in these terms are reserved.
3 SERVICE ACCESS
3.1 While the Operators endeavours to ensure that the Website is normally available 24 hours a day, the Operators shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Operators’ control.
4 CHILDREN UNDER 16
4.1 If you are under 16, you must ask your parents or a guardian before you:
4.1.1 E-mail the Website, or ask us to e-mail anything to you;
4.1.2 Send any information to us;
4.1.3 Enter any content or game that requires information about you or offers a prize;
4.1.4 Post any information on any bulletin board or enter any chat room;
4.1.5 Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or guardian.
5 VISITOR MATERIAL & CONDUCT
5.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post on the Website shall be considered non-restricted and non-proprietary. The Operators shall have no obligations with respect to such material. The Operators and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2 for which you have not obtained all necessary licences and/or approvals; or
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 The Operators shall fully co-operate with any law enforcement authorities or court order requesting or directing the Operators to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.
6 LINKS TO OTHER WEBSITES
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Operators has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Operators therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 Deep linking[c2] to material and pages within the Website is strictly prohibited without the prior written permission of the Operators. Sites wishing to deep link to material and specific pages on the site must confirm their intention to do so to the Operators and await written confirmation that they are approved to create the link prior to creating the link on their website. Deep linking is defined as the creation of a hyperlink from a third party website to any page on the Website other than the home page through either text, image or logo.
7 REGISTRATION
7.1 Each registration is for a single user only. The Operators does not permit you to share your user name and password with any other person nor with multiple users on a network.
7.2 Responsibility for the security of any passwords issued rests with you.
8 COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
All of the content of the Website (which includes without limitation all graphics, text, images, photographs, illustrations, games, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed by the Operators. Certain proprietary trade marks and trade names may be featured on the Website from time to time and remain the property of their respective owners.
9 DISCLAIMER
9.1 THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATORS PROVIDES YOU WITH THE WEBSITE ON THE BASIS THAT THE OPERATORS EXCLUDES ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF FITNESS FOR PURPOSE), WHICH, BUT FOR THIS LEGAL NOTICE, MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE.
9.2 WHILE THE OPERATORS ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT, THE OPERATORS DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE WEBSITE. THE OPERATORS MAY MAKE CHANGES TO THE MATERIAL ON THE WEBSITE OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE AND THE OPERATORS MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
10 LIABILITY
10.1 THE OPERATORS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF THE OPERATORS GROUP COMPANIES AND OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, DATA, CONTRACTS, USE OF MONEY, OR ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITES.
10.2 IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF ALL OF THE OPERATORS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
10.3 NOTHING IN THIS LEGAL NOTICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR:
10.3.1 DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; OR
10.3.2 FRAUD OR FRAUDULENT MISREPRESENTATION; OR
10.3.3 ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
10.4 IF YOUR USE OF MATERIAL ON THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.
11 INDEMNIFICATION
You agree to defend, indemnify and hold harmless all of the Operators and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys fees arising out of: your use of the website; any material you post, upload, e-mail or otherwise transmit using the Website; or your violation, breach or alleged violation or breach of these Terms of Use.
12 GENERAL
Any waiver of any provision of these terms must be in writing signed by the Operators to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing signed by the Operators.
13 PRIVACY POLICY
We process information about you in accordance with our Privacy Policy [insert link to Privacy Policy]. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
14 GOVERNING LAW
Those who choose to access this Website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. This legal notice shall be governed by and construed in accordance with the laws of England. Any dispute arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of England (subject to appeal) and, by using the Website, you hereby submit to the jurisdiction.
15 HOW TO CONTACT US
If you would like any further information or have any comments about these terms of use or any other aspect of our site or service, please contact us by any of the methods shown below:
Email: mark.peterson@imgworld.com
Post:
hsbcgolf-test.internad.hk
IMG
McCormack House
Burlington Lane
London
W4 2TH
Issue Date: 1 July 2010