Terms of Use

Welcome to the DiscGolfScene.com website (“Website”). By visiting, accessing, using, or posting anything to the Website, you agree to use the Website in accordance with all applicable laws and regulations and in accordance with the following terms and conditions ("Terms of Use"). The Terms of Use may be updated on one or more occasions without notice to you. You agree to be bound by the version of the Terms of Use that are in effect each time you visit the Website. If you do not agree to the Terms of Use, do not use the Website in any manner. In these Terms of Use, the terms “Disc Golf Scene,” “we” and “us” refer to the Professional Disc Golf Association®, both itself and doing business under the tradename The Disc Golf Scene, as well as its subsidiaries, affiliates, officers, directors, employees and agents.

  1. License and Website Access.

    1. Disc Golf Scene grants you a limited, non-exclusive, and revocable license to use the Website in accordance with these Terms of Use.
    2. The content of the Website that is posted by us, including but not limited to any text and images contained herein and their selection and arrangement, is owned by us or our content providers.
    3. You may download material from the Website that is posted by us for your personal use. However, you may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any copyrighted material contained on the Website.
    4. You acknowledge that we, or our third-party content providers, retain ownership of the posted materials. You do not acquire any ownership rights by downloading copyrighted materials.

  2. Your Representations and Warranties.

    1. You represent and warrant that you possess the legal right and ability to agree to these Terms of Use, and that all information or material that you submit to the Website is true, accurate and current.
    2. You agree that you will not:
      1. submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the right to use such materials as provided in these Terms of Use;
      2. post on the Website any false information or misrepresentation that could result in liability or damage to us or any third party;
      3. submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise appropriate;
      4. impersonate another person; or
      5. engage in conduct that violates the PDGA Community Guidelines Policy.
    3. You are responsible for any third-party fees, taxes or other charges incurred by you in accessing the Website (such as internet charges).
    4. You affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Website.
    5. Subject to the Disc Golf Scene privacy policy, by posting information about yourself on or through the Website you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others.
      1. You acknowledge that no compensation will be paid with respect to the use of your information.
      2. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Disc Golf Scene, its affiliates and third-party providers of any information that you may provide on the Website.
    6. By placing any content on the Website that contains images, photographs, graphics or pictures ("Images"), you represent and warrant that:
      1. you are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Website;
      2. you have the rights necessary to grant the licenses and sublicenses described in these Terms; and
      3. that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

  3. Intellectual Property and Trademarks.

    1. All content on the Website that we provide, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips and software is owned or licensed by us or the content providers, and is protected by law, including United States and international copyright laws.
    2. In addition, any trademarks or other intellectual property are also owned by us or the content providers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.
    3. Except as expressly authorized in writing by Disc Golf Scene or its Website content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.

  4. Limitation of Liability and Warranty.

    1. YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    2. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OTHER WEBSITES OR ANY OTHER MATERIAL INCLUDED ON THE WEBSITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
    3. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
      1. ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
      2. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE WEBSITE; AND
      3. ANY WARRANTIES OF TITLE.
    4. WE DO NOT WARRANT THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

  5. Links to Other Websites.

    1. The Website may contain links to other Websites that are not under our control. Accordingly, we make no representations whatsoever concerning the content of those websites.
    2. The fact that we have provided a link to a third-party website is not an endorsement, authorization, sponsorship, or affiliation by us with respect to such website, its owners, or its providers. We provide these links only as a convenience to you.
    3. We have not tested any information, software, or products found on these websites and therefore cannot make any representations whatsoever with respect thereto.
    4. There are risks inherent to using any information, software, or products found on the Internet. By doing so, you are accepting those risks. Therefore, we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

  6. Information Provided by You.

    1. Any information uploaded by you to the Website or provided to us, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential.
    2. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation.
    3. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
    4. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

  7. Indemnification, Applicable Law, and Arbitration.

    1. You agree to indemnify, defend and hold harmless Disc Golf Scene, as well as our parent company, subsidiaries, agents and other affiliated companies, as well as their officers, directors, and employees, from all liabilities, claims and expenses, including reasonable attorney fees that arise from your use or misuse of the Website.
    2. The validity, interpretation and legal effect of these Terms of Service shall be governed by the laws of the State of Georgia with respect to the determination of any claim, dispute, or disagreement, which may arise out of the interpretation, formation, performance, or breach of these Terms of Service.
    3. Any disputes arising from the interpretation, formation, performance, or breach of these Terms of Service shall be resolved by binding arbitration under the provisions and regulations of the Federal Arbitration Act and the rules of the American Arbitration Association.
      1. You and Disc Golf Scene agree that the arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any such disputes.
      2. THIS MEANS DISPUTES ARISING UNDER THESE TERMS OF SERVICE WILL NOT BE RESOLVED BY A COURT OR JURY.
      3. You and Disc Golf Scene agree that threshold arbitrability issues, including issues relating to unconscionable or illusory terms or any defense to arbitration, including delays, waiver, estoppel, laches, or other defense, will be determined by the arbitrator.

  8. General Provisions.

    1. Enforceability. The invalidity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision.
    2. Waiver. No waiver of any provision of these Terms of Service will be deemed to waive any breach of the same or any other provision in the future.
    3. Entire agreement. These Terms of Service contain the entire understanding of you and Disc Golf Scene concerning its subject matter. It supersedes any previous oral or written agreements, negotiations, or understandings regarding your use of the Website. It cannot be changed or terminated orally, and it can be amended or changed only by a written document, signed by the parties.
    4. Severability. If any provision of these Terms of Service is determined by a court to be unlawful or unreasonable, the parties agree that a provision that is not unlawful or unreasonable and which most closely reflects the intention of the parties as expressed in these Terms of Service will be substituted, without affecting the validity of any other provision.
    5. Termination. We reserve the right to suspend or revoke your right to use the Website, to remove any material from the Website, and to terminate the Website at any time in our sole discretion and without notice to you for any reason, or for no reason.