General Terms and Conditions
On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law.
You are prohibited from posting or transmitting any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Cobra Golf Incorporated will fully cooperate with any law enforcement authorities or court order requesting or directing Cobra Golf Incorporated to disclose the identity of or help identify or locate anyone posting any such Content.
You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of Cobra Golf Incorporated. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You agree to indemnify and hold Cobra Golf Incorporated (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Although Cobra Golf Incorporated may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Cobra Golf Incorporated is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Cobra Golf Incorporated assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Cobra Golf Incorporated appreciates your comments, but please do not send to Cobra Golf Incorporated any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Cobra Golf Incorporated does not accept such unsolicited products or marketing suggestions.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary with no obligation of confidence on the part of Cobra Golf Incorporated, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Cobra Golf Incorporated cannot prevent the "harvesting" of information from this Site, and you may be contacted by Cobra Golf Incorporated or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, Cobra Golf Incorporated is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
Ratings and Reviews Service, Message Boards, Blogs, Chat Rooms, and Other Forums
The Ratings and Reviews Service, message boards, blogs, chat rooms, and other forums (collectively, the “Boards”) we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. We encourage you to interact with the site by reading and commenting on our postings.
Here are Some Additional Ground Rules to the Items That We Will Post
- Not all posts will be published. We reserve the right to review all submissions and to refuse to post any submission for any reason, in its sole discretion.
- We do not guarantee that you will have any recourse through Cobra Golf Incorporated to edit or delete any Content you have submitted. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Cobra Golf Incorporated, are responsible for the contents of your submission.
- The purpose of the Boards is to focus on Cobra Golf Incorporated products. Accordingly, we will not post or comment on Cobra Golf Incorporated policies or rumors, or on our competitors‚ products, marketing strategies or players that endorse their products. We prefer to keep the topics related to Cobra Golf Incorporated equipment and players.
- We will offer links to some other websites. While many of these links will be to sites with which we have no commercial or other relationship, some links will be to websites where we have purchased advertisements.
- We will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service, or for which you have been compensated or granted consideration by any third party.
- We will not post any Content that includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
- By submitting your email address in connection with your rating and review, you agree that Cobra Golf Incorporated and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
- We may occasionally edit some postings according to these policies. For more information, please click here for our Legal Notice.
If you believe that Content was posted in violation of these Terms and Conditions, please notify us. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our Proprietary Rights Complaint Process below.
Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials is governed by these terms.
You hereby grant to Cobra Golf Incorporated an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Content, including, without limitation, the title(s) and each and every element of the Content, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that:(a) Cobra Golf Incorporated shall have the right to edit, alter or arrange the Content in any way it desires in its sole discretion; (b) Cobra Golf Incorporated shall not have any obligation to provide you with any credit when using your Content; and (c) you waive any “moral rights” that you may have in the Content. You understand that Cobra Golf Incorporated will act in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Cobra Golf Incorporated use your Content.
Proprietary Rights Complaint Process
Cobra Golf Incorporated is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Cobra Golf Incorporated will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").