Terms of Use

Acceptance of the Terms of Use

These Terms of Use are binding upon you, a user (the “User”), and Live Action Sports LLC (“the Company”). The following terms and conditions govern the User’s access and use of LiveActionSports.com, related mobile versions, and all mobile applications provided by Company, including any content, functionality, and services (the “Services”). Please read the Terms of Use carefully before using the Services.

By using the Services you accept and agree to these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use, you must not access or use the Services in any way and refrain from having any access to it in the future.

By using the Services, you represent and warrant that you are 18 years of age or older and at least the age of majority in your jurisdiction and you have the legal capacity and you are freely, voluntarily, and willingly agreeing to these Terms of Use and Privacy Policy. If you do not meet the legal age requirements to consent to these Terms of Use, you must not access or use the Services in any way and refrain from having any access to it in the future.

Changes to the Terms of Use and to the Services

We may revise and update these Terms of Use as necessary, as possible, and at our discretion. All changes are effective at the moment we post such changes and shall apply to all access and use of the Services.

The User must verify these Terms of Use from time to time. The User’s continued access and use of the Services following a revision of the Terms of Use means that you accept and agree with the changes.

The Company may change the content of the Services from time to time. However, this content is not necessarily complete or up-to-date and the Company is not under any obligation to update it.

Reliance on the Information Posted

The information presented on the Services is only available for information purposes. The Company does not warrant the accuracy or completeness of this information. The User may not place reliance on the information on the Services. The Company disclaims any liability that could arise if any user or any visitor to the Services relies on such materials.

Third parties may provide content to the Services that includes or may include materials provided by other users, bloggers, and third-party licensors, syndicators or reporting services. The opinions and statements expressed in these materials are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion or views of the Company.

User Registration and Account

The User may register for only one account on the Services (“User Account”). In order to participate in the Hole in One contests, the User must register and make a User Account on the Services.

If the User fails to provide the required information, if the Company reasonably believes that the User has provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to the Company, if the User fails to promptly update such information to maintain its accuracy and completeness, or if the Company or any of the Company’s authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, the Company may reject, suspend, or terminate the User Account, as well as subject the User to criminal and civil liability. Acceptance of the User’s registration is subject to the Company’s sole discretion. The Company may require the User to provide additional information as necessary to verify the accuracy of the User’s identity and the information User provides to the Company.

The User shall not use, attempt to access, or ask for the login credentials for any third party’s account at any time. The User shall not allow any third party to access or use the User Account at any time, nor provide any third party with the User’s login credentials. If the User suspects any unauthorized use of the User Account, the User must notify the Company immediately.

The Company shall not be liable for any loss that the User may incur as a result of any third party that uses the User’s password or otherwise accesses the User’s account, either with or without the User’s knowledge. The User shall be liable for losses incurred by the Company or any third party due to release of account credentials to unauthorized persons.

Services Access

The Company reserves the right to amend, modify or delete the Services at our discretion. The Company will not be liable if the Services are unavailable. The Company may restrict user access to some parts of the Services or the entire Services.

The Company is not responsible if the User does not meet the requirements to access the Services. The information you provide to the Company must be up to date and complete. The User is responsible for informing all persons who use the User’s internet connection about complying with these Terms of Use.

The User agrees that all the information provided to the Company for registration purposes is subject to its Privacy Policy. The User consents to all actions the Company takes under our Privacy Policy. The User is responsible for treating the username and password chosen or given as confidential. The User acknowledges that the account is personal and agrees to keep its information private from any other person. The User acknowledges that third parties do not have a right to access the Services with the User’s registered information.

The User shall notify the Company immediately of any unauthorized access to or use of the User’s registered information or any other sort of breach of security. The Company has the right to delete any registered information or delete any account if it considers that the User has violated any provision of these Terms of Use.

Billing and Payment

The User is responsible for providing accurate and complete billing and payment information. If the User fails to provide accurate and complete billing and payment information, the Company has the right to suspend or terminate the User Account. The User must promptly inform the Company and Company’s third-party billing agent of all changes to the User’s billing and payment information.

Online Purchases

The User agrees to pay all fees or account charges related to any fees, taxes, charges, purchases, or upgraded features associated with the User Account, immediately when due in accordance with the Company’s stated billing policy or that of the Company’s third-party billing agent. The User acknowledges that the charge on the User’s banking statement may display the Company’s name, one of the Company’s brand names, or the Company’s third-party billing agent’s name.

The User understands and agrees that the User is responsible for all fees or penalties that are associated with the User Account. The User agrees to pay all amounts due immediately upon cancellation or termination of the User Account.

Refund Policy

All fees are non-refundable unless otherwise expressly stated.

Prohibitions

The User agrees not to use the Services in any way or form that violates any applicable federal, state, local, or international law. The User may not send, receive, upload, download, or otherwise transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation, without the prior written consent of the Company.

The User may not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity when using the Services. The User may not engage in any other conduct that restricts or inhibits other users’ use or enjoyment of the Services or that may harm the Company or users of the Services, or expose them to liability.

Additionally, the User may not use the Services in any manner that could disable, overburden, damage, interfere, or impair other users’ access to the Services or the proper working of the Services. Furthermore, the User may not use any bot, robot, spider, or any automatic device to access the Services for monitoring purposes.

Geographic Restrictions

The Company provides the Services for use only by persons located in the United States. The Company makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If the User accesses the Services from outside the United States, the User does so on the User’s own initiative and the User is responsible for compliance with local laws.

Further geographic restrictions apply to the Hole In One Prize and the Hole in One Prize is not eligible in the following states Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee.

Monitoring and Enforcement

The Company has the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
  • Disclose the User’s identity or other information about the User to any third party who claims that material posted by the User violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend the User’s access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

However, the Company does not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Contest Rules

If the User is participating in a Hole in One contest, the User must follow the Hole in One Rules. The Hole in One Rules are hereby incorporated by this reference into these Terms of Use. If the User fails to follow the Hole in One Rules, or engages in cheating of any kind relating to a Hole in One contest, the Company may reject, suspend, or terminate the User Account, as well as subject the User to criminal and civil liability.

Any attempt by the User to deliberately damage the Services or undermine the legitimate operation of any Hole in One contest is a violation of these Terms of Use, and should such an attempt be made, the Company reserves the right to cancel any related prizes to User, seek damages, and other remedies from the User to the fullest extent provided by law.

Gambling

The Company is not a gambling service, the Company does not take or place illegal bets, and the Company does not recommend or encourage illegal gambling. Instead, the Company offers entertaining skill-based golf contests which do not trigger the prohibitions imposed by state and federal gambling laws.

Gambling, whether in-person or online, is not legal in all areas. If the User seeks information regarding any illegal activity, the User must leave the Services immediately. The User agrees not to use the Services if doing so would violate the laws of the User’s state, province, or country. The User should consult with the User’s local authorities or legal advisors before participating in online gaming of any kind. It is the User’s sole and absolute responsibility to comply with all applicable laws, and the User assumes all risk in using the Services. Nothing published on the Services shall be construed as legal advice on any issue.

The User assumes all risk and responsibility for the User’s access to and use of the Services. The Company bears no responsibility for the User’s access to or use of the Services in connection with illegal gambling activities, and the Company does not condone illegal gambling. The User understands and agrees that the Services are for entertainment purposes only. The Company makes no guarantee that the Services are legal in the User’s jurisdiction.

User Content and Verification Content

The Services may contain forums, chat rooms, personal web pages or profiles, bulletin boards, and other interactive features that allow the User to post content or materials and the Services may include the ability for User to take photographs and record videos (“User Content”) on the Services. Any User Content you post to the Services or author/create with the Services will be considered non-confidential and non-proprietary. The User grants the Company and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

The User represents and warrants that the User has the right to distribute the User Content that the User posts or shares on the Services. The User also warrants that all such User Content complies with these Terms of Use. The Company is not responsible or liable to any third party for the User Content posted on its Services.

According to the Company’s Hole in One Rules, if the User participates in a Hole in One contest, the Company may require information to verify the User’s performance and compliance with the Hole in One Rules, including video containing the User’s name, image, and/or likeness (“Verification Content”). The User grants the Company and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the Verification Content in and in connection with any of the Company’s marketing materials.

Content Standards

These content standards apply to all content made by the User on the Services. These contents must comply with any applicable federal, state, local, and international laws and regulations.

Content by the User must not contain images or texts that are offensive, defamatory, abusive, harassing, violent, hateful, inflammatory, obscene, or otherwise objectionable. The User must not contribute any sexually explicit, violent, sexually discriminatory, or racist content. Furthermore, the User must also not violate any privacy rights of other Users Privacy Policy or any third party, nor promote or advocate in favor of any illegal activity. Lastly, the User must not infringe any patent, trademark, copyright, or other Intellectual Property.

Reporting Content

If the User is aware of any Users posting User Content or engaging in activities that violate these Terms of Use, the User must contact the Company as soon as possible at developer@liveactionsports.com and provide relevant details.

Law Enforcement

The Company has the right to cooperate fully with any law enforcement authorities or court orders requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Services.

User Information

All the information collected on the Services by the Company is subject to our Privacy Policy. By using the Services, the User consents to any action the Company might take concerning the User’s information and its compliance with the Privacy Policy.

All transactions through the Services or information formed through the Services, or resulting from visits made by the User, are governed by these Terms of Use.

The Company hereby incorporates any additional terms and conditions and by this reference and may also incorporate specific portions, services, or features of the Services.

Social Media and Links

The User may place a link to our homepage provided that it is done fairly and legally and does not damage our reputation. However, the User must not be associated with the Company and such linking does not constitute any form of approval or endorsement on the Company’s part.

The Services may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Services. It may also send emails or other communications with certain content, or links to certain content, on the Services, and cause limited portions of content on the Services to be displayed or appear to be displayed on the User’s own or certain third-party websites.

The User may use these features solely as they are provided by the Company. The User must not take any action concerning the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The User agrees to cooperate with us in immediately ceasing any unauthorized linking. The Company reserves the right to withdraw linking permission without notice and may disable all or any social media features at any time without any prior notice.

Intellectual Property Rights

The Company and its licensors own the Services and its entire contents, features, and functionality, including but not limited to, all information, software, apps, texts, displays, images, video, and audio, and the design are the intellectual property of the Company and its licensors. The Company’s intellectual property is protected by domestic and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Use grant the User to use the Services for personal use only. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services. However, the User may print or download Live Action branded videos or images from the Services for the User’s personal use and to share on the User’s social media pages. The User may also download desktop or mobile applications solely for personal use, provided that the User agrees to be bound by any license agreement the company may offer for such applications.

The User must not modify copies of any materials from the Services, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. The User must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Services, it will be considered a breach of the Terms of Use. In such circumstances, the User’s right to use the Services will stop immediately and must return or destroy any copies of the materials made.

Copyrights

If you believe any materials on or accessible from the Services infringe your copyright, you may request removal or access to those materials from the Services by providing our copyright agent with a written notice meeting all the requirements of the Digital Millennium Copyright Act (DMCA). In accordance with the DMCA, the written notice must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Talem IP Law LLP

1204 NW 69th Terrace, Suite A

Gainesville, FL 32607

Email: DMCA@talemip.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

Trademarks

The Company name, its trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The User must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

No warranties

ThE Services ARE provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to thE Services or the information and materials provided on tHE Services.

The Company does not warrant that thE Services will be constantly available, or available at all; or that the information on thE Services is complete, true, accurate, or non-misleading. Nothing on thE Services constitutes or is meant to constitute advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

DISCLAIM ALL WARRANTIES

To the fullest extent provided by law, the Company disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, title, and fitness for a particular purpose.

USE AT YOUR OWN RISK

The User expressly agrees that access to and use of the Services is at the User’s own and sole risk. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data, or other proprietary material due to the User’s use of the Services or any services or items obtained through the Services or your downloading of any material posted on it, or on any Services linked to it.

Limitations of liability

To the fullest extent provided by law, the Company will not be liable to the User in relation to the contents of, or use of, or otherwise in connection with, the Services for any indirect, special, or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

LIMITATION ON TIME TO FILE

Any cause of action or claim the User may have arising out of or relating to these Terms of Use or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Indemnification

You agree to defend, indemnify, and hold harmless the Company from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of se or your use of the Services, including, but not limited to, your User Contents, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Governing Law and Jurisdiction; Dispute Resolution

All matters relating to the Services and all issues that could potentially arise out of, or related to, these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).  All matters shall be resolved in the courts of Alachua County, Florida).

The User waives any and all objections to the Company’s exercise of jurisdiction by such courts and venue in such courts. Arbitration

At Company’s sole discretion, it may require the User to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Class Waiver

The User waives any right or ability to initiate any class action, class arbitration, collective proceeding, or other representative action or proceeding against the Company.

Jury Trial Waiver

The User waives any right to a trial by jury in all matters relating to and arising under these Terms of Use.

Injunctive Relief 

The User acknowledges that any breach or violation of these Terms of Use may result in irreparable and continuing damage to the Company for which there may be no adequate remedy at law, and the User agrees that in the event of any such breach or violation by the User, the Company shall be entitled to both damages and/or injunctive relief.

Attorney’s Fees

If the User initiates any action or proceeding to enforce rights under these Terms of Use, and the Company prevails, the Company shall be entitled to recover costs and attorneys’ fees.

Waiver and Severability

If any provision of the Services disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Services disclaimer.

Entire Agreement

These Terms of Use and other relevant policies incorporated herein by reference constitute the sole and entire agreement between the User and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, of any kind, regarding the use of the Services.

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, any formal business entity of any kind, agency, trust arrangement, or fiduciary relationship between the User and the Company.

Termination

The Company may, at its sole discretion, at any time, and without prior notice, terminate the User’s access to the Services, the User Account, and any licenses granted to the User herein. Upon termination, the User shall immediately cease all access to and use of the Services. All provisions of the Terms of Use which by their nature should survive termination shall remain in effect.

Assignment and Delegation

The Company may assign any rights or delegate any performance under these Terms of Use without notice to the User. The User shall not assign, delegate, or sublicense any of the User’s rights or duties without the Company’s prior written consent. Any attempted assignment or delegation in violation of this provision will be void. These Terms of Use will bind and inure to the benefit of the parties and their respective successors and permitted assignees.

Force Majeure

No liability or loss of rights hereunder shall result to the Company from delay or failure in performance caused by an event of force majeure (that is, circumstances beyond the reasonable control of the Company affected thereby, including without limitations, acts of God, fire, flood, war, or government action).

Comments and Concerns

If you have any comments or questions about these Terms of Use, please notify the Company at developer@liveactionsports.com or by mail at: 

Live Action Sports LLC

P.O. Box 357372

Gainesville, FL 32635

Additional Terms for Mobile Users

Google users: 

If the User uses or accesses the Services through the Google Play Store, the User agrees to the additional Terms of Service required by Google at https://play.google.com/intl/en_us/about/play-terms.html. 

Apple users:

  1. Apple Required Terms:  If the User downloads the Company’s Apple mobile application which is part of the Services (“Apple App”), the User and the Company acknowledge that these Terms of Use are between the User and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the Services.
  2. Scope of License: The license granted to you to use the Apple App on Apple-branded products is limited to non-transferrable license to use the Apple App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Use, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and Support:  As between Apple and Company, Company is solely responsible for providence maintenance and support, if any, with respect to the Apple App, as specified in the Terms of Use, or as required under applicable law. Company and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
  4. Warranties:  As between Apple and Company, Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services of the Apple App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the relevant App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
  5. Product Claims: Company and you acknowledge that Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: Company and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: Company may be contacted as follows in connection with any questions, complaints or claims with respect to the App: developer@liveactionsports.com.
  9. Third Party Terms of Agreement: You must comply with third party terms of agreement when using the Apple App.
  10. Third Party Beneficiary: Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.