Terms and Conditions
Please read these Terms and Conditions of Use ("Terms") carefully before using this site. By accessing and using the datagolf.com Web Sites and Materials, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the datagolf.com Web Sites or download any Materials.

The website datagolf.com ("Website") is an official website of DataGolf OÜ, a company duly established and existing under the laws of the Republic of Estonia, registry code 14751448, address Keemia 4, 10616 Tallinn, Estonia.

These Terms are applicable to all datagolf.com Websites, whether sponsored, managed through a third party vendor or hosted by a third party (referred to hereafter as the "Sites"). These Terms also apply to any resources and tools provided through datagolf.com Sites, including but not limited to any tools, download areas, community forums, blogs, sharing sites and product information. These Terms apply to all the Sites, both now and in the future.

Terms and Conditions of Use

1. When you access this Site, these Terms of Use act as a binding agreement (“Agreement) between you and datagolf.com (“us”, “we”, “our”). By accessing this website (the “Site”), you acknowledge constructive notice of these Terms of Use and your agreement to be bound by the language herein.

2. COPYRIGHT. All contents of the Site are Copyright 2019 datagolf.com. All rights reserved.

3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of Estonia, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Tallinn, Estonia, in all disputes arising out of or related to the use of the Site or these Terms of Use.

4. AGE. The Site is intended for users aged 18 or older. Individuals under the age of 18 are prohibited from using the Site. If the age of majority in your country is higher than 18 then that age applies.

5. USER CONTENT. You grant license to us to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. In posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it. You further warrant that you have complied with all regulations including GDPR for receiving permissions to post User Content.

6. NO WARRANTIES. We are making the site available to you “as is” and “as available” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site will meet your requirements or that the operation of the site will be uninterrupted or error-free.

7. LIMITED LIABILITY. Our liability to you is limited. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or information provided on the site. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. We are not responsible for the actions you take as a result of using this site. We are also not responsible for the content provided on the external sites to which we link. Use at your own risk.

8. LINKS TO EXTERNAL AND AFFILIATED SITES. The Site may contain links to other sites. These links are provided for your convenience only and datagolf.com is not responsible for any content on these external sites. We work with a number of partners and affiliates whose websites may be linked to within the Site. Because we do not have control over the content and performance of these partner and affiliate sites, we make no promises or guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. A link to another site should not be construed as an endorsement or approval of that site. The User’s access to and use of such sites, whether through use of a link contained on any part of datagolf.com or otherwise, including the use of any material, information, products or services contained therein, are solely at the User’s own risk.

9. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. SEVERABILITY; WAIVER. If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

11. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.

12. CANCELLATIONS, RETURNS AND REFUNDS. Subscription products cannot be returned or refunded. Customers may cancel subscriptions which will take effect for the next billing cycle. We do not offer refunds of any kind.

13. NON-COMMERCIAL USE. We grant you limited, non-exclusive, revocable permission to make use of the DataGolf website which includes its services and available content whether on the website or via the Application Processing Interface ("API"), and limited, non-exclusive, revocable permission to make personal, non-commercial use of the content and the service. This access to content and service shall remain in effect until and unless terminated by you or DataGolf. You promise and agree that you are using DataGolf Service and Content exclusively for your own personal, non-commercial use and that you will not redistribute or transfer any of the DataGolf Services or Contents.