Date of Last Revision: December 01, 2011
All intellectual property on the Website (except for User Generated Content) is owned by FILA GOLF or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the FILA GOLF name and the F-box design are trademarks or registered trademarks of FILA GOLF). All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of FILA GOLF; All rights reserved.
Website Use Restrictions
All orders placed through the Website are subject to FILA GOLF's acceptance. This means that FILA GOLF may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, FILA GOLF will issue you a refund.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your FILA GOLF account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify FILA GOLF immediately of any unauthorized use of your FILA GOLF account. FILA GOLF is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
User Generated Content
"User Generated Content" is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Website, except to the extent the content is owned by FILA GOLF.
General Rules for User Generated Content
Content is Not Prescreened
FILA GOLF does not guarantee to prescreen User Generated Content. FILA GOLF does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. FILA GOLF is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event FILA GOLF chooses to monitor any User Generated Content, FILA GOLF assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. FILA GOLF reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Eligibility and Registration
FILA GOLF's Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to FILA GOLF a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the FILA GOLF Website any content that violates another party's intellectual property rights. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give FILA GOLF legally sufficient notice to FILA GOLF of infringement.
We suggest that you consult your legal advisor before filing a DMCA notice with FILA GOLF's copyright agent. There can be penalties for false claims under the DMCA.
FILA GOLF allows you the option to publish about the actions you take on FILA GOLF's Website to Facebook, Twitter and other social platforms. FILA GOLF does not control which information gets disseminated on participating social platforms. You agree to allow FILA GOLF to check your FILA GOLF cookies when you are visiting participating social platforms, and allow FILA GOLF to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.
User Interaction Disclaimer
You are solely responsible for your interactions with other Website users, whether online or offline in person. FILA GOLF is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review FILA GOLF's Privacy Tips prior to using this Website. FILA GOLF is under no obligation to become involved with any user dispute, but may do so at its own discretion.
FILA GOLF is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, FILA GOLF disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. FILA GOLF cannot guarantee and does not promise any specific results from use of the Website. FILA GOLF does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, FILA GOLF does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. FILA GOLF reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
FILA GOLF SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A FILA GOLF EVENT OR ANY USER GENERATED CONTENT, EVEN IF FILA GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST FILA GOLF FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF FILA GOLF IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, FILA GOLF'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.