Terms of service
Highlights of this Document
- We respect your privacy and do not sell or disclose your contact information unless required by law.
- Information you upload or post to Foursum may be seen by others
- We want your feedback on Foursum but if you give it to us you donít own it if we use it
- No warranties are made by Foursum and Foursum is not liable for your activities connected with the site or mobile app
- Foursum can cancel your account if you misbehave
- There are easy ways to reach Foursum support if you have questions or need help
Company statement to the terms and conditions
- This policy contains information explaining your rights to access and use the website (the "Site") and or Internet application (the ìApp î) made available to you by Foursum Golf, Inc. ("Foursum").
- It is your responsibility to ensure you agreed and accepted the Terms and Conditions of Foursum before you use the Site or App.
- This Agreement facilitates a legally binding agreement between you and Foursum in connection with your use of the Site or App
- Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Site or App .
- You can review the most current version of the Terms at any time at http://foursum.com/tos.
- If you do not agree with the Terms, please do not use this Site and or App. By continuing to use the site or app, you are indicating your agreement to the terms and all revisions thereof.
Who we are
- Foursum Golf, Inc. is a company incorporated in the Province of New Brunswick, Canada
- Registered address: 71B Loftus Street, Moncton, NB, Canada, E1E 2N1
- Foursum is a FREE web and mobile app service that allows golfers to enhance and improve their golf game while they engage and compete with friends.
Amendments to these terms and conditions
- Foursum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and or App or any portion thereof with or without notice. You agree that Foursum shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or App or any portion thereof.
- If any changes have been made and you continue your use of the Site after the affected date you will be deemed to have accepted those changes. If you do not accept the changes made in this document, you should terminate your account with Foursum.
Acceptance of the terms and conditions
- By accessing, using or downloading any materials from the Site or App , you agree to follow and be bound by the Terms, which may be updated by Foursum from time to time without notice to you.
- Foursum may change these terms from time to time and so you should check these terms regularly. Your continued use of the Site will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Site. If there is any conflict between these terms and specific local terms appearing elsewhere on the Site or App then the latter shall prevail.
Breach of agreement and indemnity
- Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, Foursum reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking your access to the Services and the Site, terminating your account with Foursum, seizing all monies held in the relevant Foursum Wallet and/or taking legal action against you.
- You agree to fully indemnify, defend and hold harmless Foursum and its shareholders directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may arise as a result of:
- Your breach of the Agreement, in whole or in part.
- Violation by you of any law or any third party rights.
- Use by you of the Services and/or the Site or use by any other person accessing the Services and/or the Site using your login details, whether or not with your authorisation.
- The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of New Brunswick, Canada.
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website or App (including transactions conducted through the Website or App) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the Canadian Arbitration Association ("CAA") in accordance with its then governing rules and procedures. In agreeing to arbitrate all Claims, you and Foursum waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Westmorland county, New Brunswick.
- The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
- If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
- The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision.
- If Foursum fails or delays the performance of any obligation under the Agreement due to the reasons of the occurrence of events which are beyond Foursum control, including, but not limited to Acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of the Agreement.
- Neither failure nor delay on the part of Foursum to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
- Foursum reserves the right to assign this agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.
- Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
- Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between Foursum and you.
- This Agreement constitutes the entire understanding and agreement between Foursum and you regarding the Services and the Site and supersedes any prior agreement, understanding or arrangement between Foursum and you.
- Foursum and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site or App at any time without notice.
- The core functionality of the Foursum Site and App is made available for FREE to golfers of 13 years of age and older.
- To use the services available on the Site and or App as a basic member, you must complete the membership registration form and agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Site's or Appís registration form ("User Data") and
- maintain and promptly update the User Data in the event of any change thereto.
- You agree that Foursum may use your User Data to provide services on the Site or App for which you have expressed interest.
- If you provide any information that is inaccurate or not current, or Foursum has reasonable grounds to suspect that such information is inaccurate or not current, Foursum has the right to suspend or terminate your account and refuse any and all current or future use of the Site or App .
- In consideration of your use of the Site and or App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
- We reserve the right to reject your registration without reference to you or without assigning any reason thereto and without liability to you.
- You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer or smart phone ("Device") while logged into the Site or App . You accept responsibility for all activities that occur under your account or from your Device . We endeavor to use reasonable security measures to protect against unauthorized access to your account.
- We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or the App or its contents. You agree to immediately notify Foursum of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Foursum.
- You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not Foursum, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site or App . Foursum does not control or monitor the Content posted to the Site or App by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site or App , you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Foursum be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or App .
- You agree to not use the Site and or App to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Foursum official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site or App or servers or networks connected to the Site or App , or disobey any requirements, procedures, policies or regulations of networks connected to the Site or App ; and/or
- intentionally or unintentionally violate any applicable local, state, national or international law.
- You specifically agree not to access (or attempt to access) the Site and or App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site or App.
- You acknowledge that Foursum may or may not pre-screen or monitor Content, but that Foursum and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site or App . Without limiting the foregoing, Foursum and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site or App , including any reliance on the accuracy, completeness, or usefulness of such Content.
- You acknowledge, consent and agree that Foursum may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
The Site or App is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site or App , use of the Site or App or access to the Site or App . You understand that use of certain features of the Site and or App may require you to purchase third party equipment or materials. While Foursum may recommend the equipment or materials of certain third party suppliers, Foursum shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Site and or App or will be error-free.
- comply with legal process;
- enforce the Terms;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of Foursum, its users and the public. Subject to the foregoing, Foursum will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
Content submitted to the site
- Foursum does not claim ownership of Content you may submit or make available for inclusion on the Site or App . However, with respect to Content you submit or make available for inclusion on the Site or App (other than User Data or Payment Method information), you grant Foursum a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site or App for the purposes of providing and promoting the Site or App and the features and services available on the Site or App.
- The Site and or App may provide you with the option of making certain Content that you submit to the Site or App as private or available only to select users of the Site or App . If, upon submission of Content to the Site or App , you initially elect to mark such Content as private or available for a limited group of users, Foursum will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Foursum cannot and does not guarantee the privacy of such Content.
Third party providers
- Third party product and service offerings promoted or made available for purchase by you on the Site and or App are made and offered directly by the applicable third party service provider or advertiser.
- Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site or App , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser.
- Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, Foursum is not responsible for the performance or non performance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site or App.
- The Site and or App may provide, or third parties may provide, links to other Internet sites or mobile applications or resources. Because Foursum has no control over such sites , mobile applications and resources, you acknowledge e and agree that Foursum is not responsible for the availability of such external sites , mobile applications or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites , mobile applications or resources.
- You are granted a limited, non-exclusive right to create a text hyperlink to the Site, and or App provided such link does not portray Foursum or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site or app does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Site for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
Interactions with site users
- The Site and or App functions as a venue to connect members in a virtual information place. As a neutral facilitator, Foursum is not directly involved in the actual Interactions between members of the Site or App . As a result, Foursum has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site or App.
- The Site and or App may provide you with the ability to send emails or post messages to comment threads, user forums, third party social networks, or similar communications to third party service providers, advertisers, other users and/or Foursum. You agree to use communication methods available on the Site or App only to send communications and materials related to the subject matter for which Foursum provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms.
- By using any of the communications methods available on the Site or App , you acknowledge and agree that
- all communications methods constitute public, and not private, means of communication between you and the other party or parties,
- communications sent to or received from third party service providers, advertisers, sponsors or other third parties are not be endorsed, sponsored or approved by Foursum (unless expressly stated otherwise by Foursum) and
- communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Foursum in any manner, though Foursum reserves the right to do so at any time at its sole discretion in accordance with the Terms.
- You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
- You acknowledge and agree that the Site and or App , any necessary software used in connection with the Site or App (if any) and any Content available on the Site or App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Foursum or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or App , the software or Content available on the Site or App (other than Content that you may submit), in whole or in part.
- Foursum grants you a personal, non-transferable and non-exclusive right and license to access and use the Site and or App ; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or App . You agree not to access the Site or App by any means other than through the interface that is provided by Foursum for use in accessing the Site and or App .
- The term FOURSUM, the Foursum logo and other Foursum logos and product and service names are the exclusive trademarks of, and are owned by, Foursum Golf, Inc., and you may not use or display such trademarks in any manner without Foursum's prior written permission. Any third party trademarks or service marks displayed on the Site or App are the property of their respective owners. Foursum reserves all rights not expressly granted hereunder.
Claims of copyright infringement
- If you have reason to believe any part of the Content of the Site or App infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site or App by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site or App and to immediately remove or disable the allegedly infringing Content or link.
- If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that
- any Content displayed on the Site or App infringes your copyright or
- any link posted on the Site or App links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o Foursum Golf, Inc.
467 Main Street, suite 500
Moncton, NB, Canada, E1C 0H7
- We welcome your comments, feedback, suggestions, and other communications regarding the Site and or App and the information and services we make available through the Site and or App (collectively, "Feedback").
- While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Foursum a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Foursum any Feedback that you do not wish to license to us as set forth above.
Disclaimer of warranties and liability
- The information, software, products, services and content available on the site and or app is provided to you "as is" and without warranty. Foursum and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- Foursum and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that
- the service will meet your requirements;
- the service will be uninterrupted, timely, secure or error-free;
- the results that may be obtained from the use of the service will be accurate or reliable;
- the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and
- any errors in the site or app will be corrected.
- You expressly agree that your Golfing activities, which generate the Content you post or seek to post on the Site and or App carry certain inherent and significant risks of property damage, or bodily injury and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Foursum or by the action, inaction or negligence of others. You also expressly agree that Foursum does not assume responsibility for the inspection, supervision, preparation, or conduct of any tournament, contest, group play or event that utilizes the Foursum Site or App.
- You expressly agree to release Foursum, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the ìreleased partiesî) from any and all liability connected with your golfing activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your golfing activities.
- You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with
- your use or misuse of the Site or App ,
- your use or misuse of equipment or programs created or licensed by Foursum while engaged in athletic activities,
- your dealings with third party service providers or advertisers available through the Site or App ,
- any delay or inability to use the Site or App experienced by you,
- any information, software, products, services or Content obtained through the Site or App, whether based on contract, tort, strict liability or otherwise, even if Foursum has been advised of the possibility of damages. Because some states/jurisdictions /provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- You agree to indemnify and hold Foursum and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site and or App , your use of the Site and or App , your golfing activities which generate the Content you post or seek to post on the Site or App (including, but not limited to, athletic activities in connection with any contests, tournaments, group games, or other events which Foursum sponsors, organizes, participates in, or whose Site or App is used in connection with), your connection to the Site or App , your violation of the Terms, or your violation of any rights of another person or entity.
- You agree that Foursum may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site and or App . Cause for such termination shall include, but not be limited to,
- breaches or violations of the Terms or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Site or App (or any portion thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity, and/or
- nonpayment of any fees owed by you in connection with the Site or App .
- Termination of your account may include:
- removal of access to all offerings within the Site,
- deletion of your information, files and Content associated with or inside your account, and
- barring of further use of the Site and or App .
- Further, you agree that all terminations for cause shall be made in Foursum's sole discretion and that Foursum shall not be liable to you or any third party for any termination of your account or access to the Site or App.
- There are a variety of behaviors that are detrimental to Foursum and other players on the Service. Engaging in those behaviors may result in suspension of some or all functions associated with your account. Suspended players are expected to respect the disciplinary actions imposed on their accounts and all communication regarding restoration of your account should take place via the firstname.lastname@example.org email account.
- This Site and or App is controlled by Foursum from its offices within Canada. Foursum makes no representation that the Content in the Site and or App or the Site or App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited.
- Those who choose to access this Site and or App from locations outside of Canada do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Canadian export laws and regulations. Any action related to the Site or App , the Content or the Terms shall be governed by New Brunswick law and controlling Canadian law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the province and provincial courts located in Moncton, New Brunswick for any legal proceedings related to the Site or App or the Terms.
- If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site or App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and Foursum as a result of the Terms or your use of the Site and or App . The Terms constitute the entire agreement between you and Foursum with respect to your use of the Site and or App . The failure of Foursum to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Foursum. Foursum has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Site and or App .
- Foursum's notice to you via email, regular mail or notices or links on the Site or App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Service access and editing problems
- While we try to ensure that Foursum is functioning smoothly at all times, like any online service we may periodically experience periods of outage or slow performance. These can sometimes result in an inability to access the Service.. If you're unable to access the Service, please report the problems by emailing us at email@example.com.
Support and questions
- We will provide support to you related to the Site or App via the following methods:
- We strive to respond to support requests within 48 hours after the request is placed.
- If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org