Effective Date: March 17, 2015 - UPDATED
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".
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. Material from the Site may not 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.
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 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. RESTRICTIONSWithout limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:
- infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- 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;
- is sexually-explicit;
- constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- 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.
- 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;
- delete or revise any material or other information of any other user of the Site;
- harvest, collect, or send information about others, including e-mail addresses, without their consent;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- 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;
- 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;
- allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- 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;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- 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 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.
We may change the Site or delete content or features in any way, at any time and for any reason or no reason.
6. 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. PRICING; AVAILABILITY; ORDERS; SHIPPING
Prices on the Site are presented in U.S. dollars for U.S. purchasers only. All purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when we deliver the goods to the carrier for shipment.
You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, ANI will not be liable for these inaccuracies, omissions, or errors. ANI will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Items may be out of stock or discontinued and prices are subject to change upon notice. ANI reserves the right to limit the quantity of items purchased, to change and update information, as well as cancel orders you may have submitted (even if you received an automated confirmation) if information on the Site is found to be inaccurate. The products described in this Site may not be available in your region. ANI does not claim that the information on the Site is appropriate for or applicable to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
Product information is for information purposes only and although ANI makes every effort to display products (including their colors) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Site. Consequently, ANI cannot guarantee you will accurately be able to see the actual colors and specific features in every case.
You represent and warrant that (i) you are at least eighteen (18) years of age prior to purchasing products; (ii) you agree to pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (iii) you agree to pay all taxes related to your purchase transactions on the Site; (iv) if ANI does not receive payment from your credit card issuer, You agree to pay all amounts due upon demand. ANI's acknowledgement of an order is not acceptance of an order and ANI may reject or cancel an order at any time. You must either have an existing account on the Site or provide a valid and authorized credit card information and agree that ANI may charge the credit card at the time of your transaction. All charges are non-refundable. ANI reserves the right to change its prices and billing methods at any time, effective immediately upon publication You agree that ANI disclaims all damages related to purchase transactions, and ANI's sole and exclusive liability for any claims related to the products or transactions through the Site is the amount you paid for such products. You agree to indemnify, defend, and hold harmless, ANI and its affiliates from and against any third party claims in connection with your purchase or use of products from ANI.
10. 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.
11. 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.
12. CONTENT LINKED TO THE SITE
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND ANI MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, TIMELINESS, OR USEFULNESS THEREOF, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. ANI DOES NOT WARRANT THAT THE SITE 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. ANI DOES 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 THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.
Without limitation and notwithstanding anything to the contrary herein or on the Site, ANI, its affiliates and their respective agents, administrators and employees shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise arising out of or in connection with:
- failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and ANI and/or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and ANI;
- your inability to access, at any time, any part of this Site or any content, products or services provided on it;
- interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
- lack of suitability, reliability, timeliness or availability of this Site or any content, products or services offered on this Site; or
- ANI's failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing this Site.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, 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 OR RELATE IN ANY WAY TO (A) YOUR USE OF OR RELIANCE ON, 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, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY ANI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE REXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR AANY CLAIM RELATED TO OR ARISING FROM THE SITE.
MOREOVER, UNDER NO CIRCUMSTANCES ANI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, OR THEIRLICENSORS 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 ANI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, NOR THEIR 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.
16. JURISDICTIONAL AND VENUE ISSUES
ANI reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. ANI may seek to gather information from the user who is suspected of violating these Terms, and from any other user. ANI may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ANI believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. ANI will fully cooperate with any law enforcement authorities or court order requesting or directing ANI to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL CLAIMS YOU MAY HAVE AGAINST AND HOLD HARMLESS ANI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER ONE OF THE FOREGOING OR LAW ENFORCEMENT AUTHORITIES.
19. GENERAL PROVISIONS
All rights not expressly granted to you in these terms are reserved by ANI. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of ANI or any other person or entity.
Augusta National, Inc.
2604 Washington Rd.
Augusta, Georgia 30904