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    Terms of Use

    Effective Date: February 10, 2014 - UPDATED

    1. INTRODUCTION

    Welcome to Masters.com (the “Site”), the official site of the Masters® Tournament and Augusta National, Inc. ("ANI"). ANI and any and all entities that control, are controlled by, or are affiliated with ANI are collectively referred to herein as "we," "us" or "our".

    PLEASE READ THESE TERMS OF USE AND THE PRIVACY STATEMENT CAREFULLY BEFORE USING MASTERS.COM. Your use of the Site signifies your agreement to these terms of use and our Privacy Statement. If you do not agree to these Terms of Use and the Privacy Statement, you may not use the Site.

    2. USE OF MATERIALS

    We or our licensors own all content and materials on the Site, including, without limitation, all trademarks, service marks, trade names, trade dress and copyrights. You may copy material from the Site for your personal or educational use only, provided that each copy includes any copyright or trademark notice or attribution as they appear on the pages copied. Material from the Site may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of ANI. You may not use material from the Site for public or commercial purposes or in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.

    3. REGISTRATION INFORMATION AND SECURITY

    If you register with the Site, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) at any time for any reason.

    We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

    4. SUBMISSIONS

    We may offer services where you may submit materials, such as text, photographs, and audiovisual works ("Submissions"). If you upload, email, post or otherwise send us Submissions, you grant us and our licensees non-exclusive, perpetual, transferable, worldwide, royalty free license to use such Submissions, in whole or in part, in any channel or medium, for any and all purposes, without further attribution, notice or payment to you (the "Submission License"). You represent and warrant that you have the right to grant us the rights and licenses set forth in this Section 4. You hereby release ANI from and waive, all claims, damages, losses and liabilities resulting from the use of the Submissions, including, without limitation, any claims for defamation, moral rights or violation of your rights of privacy or publicity.

    You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

    You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

    5. PUBLIC FORUMS AND COMMUNICATION

    "Public Forum" means an area, site or feature offered as part of the Site that enables users or visitors of the Site (a) to submit, post, display and/or view Submissions and/or (b) to communicate, share or exchange Submissions with other Site users, visitors and members of the general public, including, without limitation, a page where you can submit comments on various blogs, articles and posts.

    You acknowledge that anything you submit to the Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

    You are and shall remain solely responsible for the Submissions submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of Submissions posted in any Public Forum is at your own risk. You further acknowledge that we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

    We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

    We are not responsible for the accuracy of any Submissions contained in a Public Forum.

    6. RULES

    Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

    1. is copyrighted, unless you are the copyright owner or valid licensee of such materials and you have the right to grant us the rights and licenses set forth in Section 4 of this Terms of Use;
    2. reveals trade secrets, unless you own them, or you are the valid licensee of such materials and you have the right to grant us the rights and licenses set forth in Section 4 of this Terms of Use;
    3. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
    4. is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law we may determine in our sole discretion;
    5. is sexually-explicit;
    6. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
    7. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
    You further agree not to:
    1. use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Site, or for purposes of registering for any promotions offered through the Site;
    2. delete or revise any material or other information of any other user of the Site;
    3. harvest, collect, or send information about others, including e-mail addresses, without their consent;
    4. take any action that imposes an unreasonable or disproportionately large load on Masters.com's infrastructure;
    5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
    6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest or otherwise collect information from the Site to be used for any commercial purpose;
    7. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
    8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
    You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
    1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Site;
    4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
    We may investigate occurrences that may involve violations of the security of the Site or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    We reserve the right to (1) disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request, and (2) edit, refuse to post or to remove any Submissions, in whole or in part.

    We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

    We may change the Site or delete content or features in any way, at any time and for any reason or no reason.

    7. PRIVACY STATEMENT

    We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Privacy Statement, a copy of which you should review by clicking here. You, in turn, agree and consent to the terms of the Privacy Statement by your use of the Site.

    8. VIOLATIONS

    Please report any violations of this Terms of Use to postmaster@augustanational.com.

    9. COMPLIANCE WITH LAW

    We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such Submissions and turn all or a portion thereof over to law enforcement officials. We also reserve the right to remove any Submissions in our sole discretion for any reason at any time.

    10. NOTICE OF COPYRIGHT INFRINGEMENT

    If you believe that any of your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

    (a) identification of the copyrighted work claimed to have been infringed;

    (b) identification of the allegedly infringing material on the Site that is requested to be removed;

    (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

    (d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the you or the law;

    (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and

    (f) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.

    Our Copyright Agent for notice of claims of copyright infringement on the Site is our Manager of Information Technology who can be reached as follows:

    Manager of Information Technology
    2604 Washington Rd.
    Augusta, Georgia 30904

    We reserve the right to remove any posted Submission which infringes the copyright of any person or organization under the laws of the United States upon receipt of a notice conforming with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

    11. CONTENT LINKED TO MASTERS.COM

    The Site may contain links to other Web sites. ANI is not responsible in any way for such sites, including for such sites' content, materials, Terms of Use, and/or privacy policies. You hereby irrevocably waive any claim against us with respect to such sites, and any information, content and materials you provide to such sites (including, without limitation, credit card and other personal information).

    13. DISCLAIMER

    THE INFORMATION, CONTENT AND MATERIALS ON THE SITE 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 MASTERS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 ANY THE SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM MASTERS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.

    14. INDEMNIFICATION

    You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

    15. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.

    MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

    YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    16. JURISDICTIONAL AND VENUE ISSUES

    You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

    17. CHANGES TO THE TERMS OF USE

    If we make a material change to this Terms of Use we will post the changes on this page. If the changes are significant, we will provide a more prominent notice. Please refer to this policy regularly. Your use of the Site following any such notice will signify and constitute your assent to and acceptance of such revised Terms of Use.

    18. GENERAL PROVISIONS

    Your use of the Site signifies that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST ANI ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    18. GENERAL PROVISIONS

    If you have any questions or concerns about the Terms of Use, email us at postmaster@augustanational.com with the phrase "MASTERS TERMS OF USE" in the subject line, call 706-667-6000 or send your questions or concerns in writing to:

    Augusta National, Inc.
    2604 Washington Rd.
    Augusta, Georgia 30904