1. Introduction. KemperSports Management, Inc. ("KSM"; “we”; or “us”), as the provider of professional management services to the golf course property (the “Property”) whose web site (the “Site”) you are now visiting and as the responsible party with respect to the Site, makes this Site publicly available for the purpose of providing information about the Property and its products and services. We appreciate and hope you enjoy your visit.
4. Ownership of the Site and Intellectual Property Rights. KSM or its licensors or Business Partners own all rights, title and interest in and to the Site and to all Content. This Agreement does not confer upon you any ownership rights to the Site or Content or any part of it, nor to any Content or any third party content or materials contained on the Site. All elements of the Site and Content are protected by U.S. Copyright Law and international treaties, and belong to KSM or its licensors or Business Partners. You agree that you will not at any time do or knowingly permit to be done any act or thing that would in any way impair the rights of KSM or its licensors or Business Partners in and to the Site or Content. The trademarks, logos and service marks displayed on the Site, including KemperSports, True to the Game, and any marks related to KSM’s Business Partners, including the Property, and associated graphic logos, are registered or common law trademarks or service marks of KSM, its Business Partners and/or the Property, which may not be used without prior written consent. No right to use any of these marks is conveyed to you.
6. Linking to this Site. If you would like to link to this Site, you may do so, but you may not connect or link to any page on the Site without also linking to the Site’s home page. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
7. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless KSM, its Business Partners (including the Property), and their respective parent companies, subsidiaries, affiliated companies, joint venturers, licensors, employees, agents, and any third-party information or service providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, any violation by you of this Agreement, or any information, material or data supplied by you.
8. Information Supplied by You. KSM does not want to receive confidential or proprietary information from you via the Site. You agree that any information, material or data you transmit to us (or post to the Site) will be considered non-confidential and non-proprietary. If you supply or post any information, material or data to the Site, you represent and warrant that you have the legal right to supply or post such information, material or data and that it will not violate any law or the rights of any person or entity. By supplying or posting information, material or data to the Site, you give KSM and its Business Partners (including the Property) the royalty-free, irrevocable, perpetual, worldwide right to use, transmit, distribute, display, license, sell and create derivative works from it, in any and all media now known or hereafter invented or discovered, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. User Name and Password Security. If KSM makes available certain areas of the Site or Content solely to users having an authorized user name and password, you are responsible for maintaining the confidentiality of your user name and password information, and for restricting access to your computer. You accept responsibility for all activities that occur under your user name and password.
10. Notification Under Digital Millennium Copyright Act.
1. Notification to KSM of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify KSM’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
Copyright Agent/Legal Dep’t.
KemperSports Management, Inc.
500 Skokie Boulevard, Suite 444
Northbrook, IL 60062
Please provide our Agent with written notice that includes substantially the following, pursuant to Sec. 512(c)(3) of the U.S. Copyright Act:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (please provide us with the URL of the specific web page(s)).
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
KSM will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Please also note that, pursuant to Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
2. Counter-Notification Regarding Allegation of Copyright Infringement. If you choose to send us a counter-notice in response to a notice of copyright infringement, in order to be effective it must be in writing and sent to KSM’s designated Copyright Agent identified above. Such counter-notice must include substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please provide us with the URL of the specific web page(s)).
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Please be advised that, pursuant to Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
11. Damages Disclaimer; Limitation of Liability.
1. While KSM uses reasonable efforts to include and provide accurate and up-to-date information through the Site and in the Content, neither KSM nor its Business Partners, including the Property, make any warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. KSM does not represent or warrant that use of any Content will not infringe rights of third parties. KSM has no responsibility for actions of third parties or for information or content provided by others.
2. USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER KSM, NOR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS (INCLUDING THE PROPERTY), LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS, SERVICES OR OTHER WEB SITES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE THEREOF. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, ARE SPECIFICALLY DISCLAIMED. NEITHER KSM, NOR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS (INCLUDING THE PROPERTY), LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INFORMATION OR CONTENT SUPPLIED OR POSTED BY THIRD PARTIES, THE ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
3. IN NO EVENT SHALL KSM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS (INCLUDING THE PROPERTY), LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KSM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS (INCLUDING THE PROPERTY), LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
12. Discontinuation of Service. KSM may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. KSM may deny access to any user at any time for any reason.
End of Agreement.
Copyright © 2009 KemperSports Management, Inc. (Revised 4/22/09)