Par3 Heroes (“Par3 Heroes,” “we,” or “us”) is a video production and delivery platform (the “Service”) focused on providing users a copy of their golf shot. (the “Service”) offered through the URL’s par3heroes.com, par3heroes.net and par3heroes.org (we’ll refer to them as the “websites”) By using Par3 Heroes as an visitor, individual/golfer, videographers/operators, golf course, charity, non-profit and other groups to, among other things a sponsor, advertiser, affiliate or signing up for an account, you’re agreeing to these terms, which will result in a legal agreement between you and Par3 Heroes (“Agreement”).

Par3 Heroes is owned and operated by the VRYDM Company, located at 17564-56a Ave, Surrey, B.C. Canada and has employees, independent contractors, suppliers, partners and representatives (“our Team”). As a customer of the service or a representative of an entity that’s a customer of the service, you’re either a visitor, partner, sponsor, affiliate, videographer/operator, golf course or a non-profit/charity according to this agreement (or “you”).

Acceptance of Terms – These terms of use (“Terms,”) including our privacy policy, define the terms and conditions under which you’re allowed to use the service in accordance with the agreement, and how we’ll treat your account while you’re a visitor, individual/golfer, videographer/operator, golf course, charity, non-profit and other groups, among other things a sponsor, advertiser or affiliate. By using and accessing our sites, you (“you”, “user” or, “end user”) agree to these terms of use. If you don’t agree to these terms, you must immediately discontinue your use of the service.

At any time, we may choose to update these terms of use by posting an update to this page. We encourage you to frequent these terms of use as your continued use of any of Par3 Heroes services will mean you accept those changes, whether you’ve read them or not. In addition, you shall be subject to guideline changes or rules applicable to such services, which may be posted from time to time.

You understand and agree that the service may include communications from Par3 Heroes, such as transactional, administrative messages and marketing or service announcements. These communications are considered part of the Par3 Heroes service. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Par3 Heroes properties, shall be subject to the terms of use.

Sometimes, Par3 Heroes uses geo-location services and in some cases google maps to provide certain features of the service, and, as a result, we are contractually obligated to make our visitors, individuals/golfers, videographers/operators, golf courses, charities, non-profits, sponsors, advertisers and affiliates aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by using or signing up for an account and using the service, you are also bound by the google maps/google earth additional terms of service (including the google privacy policy).

Eligibility – In order to use the service, you must: agree to these terms of use; provide true, complete, and up-to-date contact and billing information; and not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the service in a way that violates any laws or regulations in your state or province. Note that by representing and warranting, you are making a legally enforceable promise. Par3 Heroes may refuse service, close accounts of any users and change eligibility requirements at any time.

Par3 Heroes License Rights & Restrictions – We hereby grant you a revocable, limited, non-exclusive, non-transferable, worldwide right to access and use our sites, solely with supported browsers through the internet for your own internal purposes, subject to the terms of use. You may not permit the site to be used by or for the benefit of unauthorized third parties. Nothing in the terms of use shall be construed to grant you any right to transfer or assign rights to access or use the Par3 Heroes site. We may, in our sole discretion, change, modify and/or refuse to offer some of all the services to any person and change the eligibility criteria at any time. Any right to access and use the services is automatically revoked where these terms, or use of the services, is prohibited or conflicts with any applicable law, rule, or regulation.

All rights not expressly granted to you are reserved by Par3 Heroes – You agree to not modify or make derivative works based upon the Par3 Heroes sites. You also agree to not reverse engineer or access the Par3 Heroes site in order to build a competitive product or service, build a product using similar features, functions or graphics of the Par3 Heroes sites, or copy any features, functions or graphics of the Par3 Heroes sites. You further acknowledge and agree that, as between the parties, Par3 Heroes owns all right, title, and interest in and to the Par3 Heroes site, including all intellectual property rights therein. You also irrevocably waive any so-called moral rights and rights of attribution. We will not be liable if for any reason all or any portion of the services are unavailable at any time or for any period. You are solely responsible for making all arrangements necessary for you to have access to the services. To enjoy full access and use of our services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”). It is a condition of your use of the services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law. You agree to promptly notify us if any of your information changes or is inaccurate. This license will remain in effect unless and until you violate these terms, or this license is terminated by you or Par3 Heroes. Any use of the services not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws. Par3 Heroes, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.

Additional Terms and Rules – As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge Par3 Heroes is not responsible or liable for the failure of any Operator, Golfer, Course, Non-profit, Partner(or any third-party) to comply with the rules, terms, conditions, capabilities, policies, and applicable laws, rules, or regulations governing any aspect of filming or fund-raising.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree, when requesting a copy of a golf shot involving a donation or fee, your credit card will be charged. Once this charge is successful, you will receive a confirmation email from us that will include a receipt. It will be up to each person to monitor their spam or junk mail folder for this email.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that Par3 Heroes won’t be held liable for any delays or failure in performance of any part of the service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that requesting a golf shot be emailed or texted to you gives Par3 Heroes permission to use your video shot, image or likeness for our own promotion. Examples include but are not limited to, YouTube/social media, best shots, closest to pin etc.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that Par3 Heroes will use a third party SMS/email service that you have verbally given us on-site/in-physical consent to deliver you a copy of your golf shot. This will serve as a verbal opt-in to receive your download including future editing, news, receipts and marketing relating to your shot.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that Par3 Heroes or any of its operators, courses, sponsors, affiliates, partners, charities or non-profits are not responsible for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected videos.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that when a dispute is identified, Par3 Heroes will do its best efforts, within reason to resolve the dispute in a timely matter.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that Par3 Heroes partners with third party services that help with improving our services and technology. Some of these improvements are developed using the latest AI methods. These technologies will allow us to provide swing analysis, professionally edit videos, provide additional sales promotions, demographic analysis including age, sex, clothing etc. When appropriate, these technologies will help us to anonymize our videos, whether they were purchased through donation or not.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that organizations receive their donated funds in two ways and is dependent on which fundraising package was selected. If your organization chooses to operate our camera system, you’re the ones who collect the donations directly unless you have requested that we handle this on your behalf. If your organization chooses Par3 Heroes to operate and manage your fundraising event, then we’ll provide a detailed accounting of all donations made per event. Minus our expenses, all donations can be wired or e-transferred to the appropriate accounts.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that Par3 Heroes is a for profit social impact company that harnesses the power of technology and golf to help fundraise for those who need it most. Par3 Heroes partners with charities or non-profits in either a commercial co-venturer or professional fundraiser relationship. Depending on the utilization of our services, the amount that is donated to the charity or non-profit is highlighted at the bottom of every download page. In some cases, the non-profit or charity will simply be using our services and collecting donations directly.

As a Golfer, Operator, Course, Non-profit or Partner, you acknowledge and agree that States which require nonprofits/charities and commercial co-venturers to enter into and file written agreements include Alabama, Arkansas, Connecticut, Massachusetts, Mississippi, New Jersey, South Carolina, Utah and sometimes California. State charitable registration statutes require some form of registration for a commercial co-venturer in Alabama, Arkansas, California, Hawaii, Illinois, Massachusetts, Mississippi, New Hampshire and South Carolina. States that require a surety bond include Alabama and Massachusetts. States that require a closing statement for commercial co-venturers include Alabama and South Carolina. Par3 Heroes will keep on file all disclosure requirements regarding any commercial co-venturer agreement including the results of each charitable sales promotion. There are a number of changes required to the above relating to statutes when Par3 Heroes enters into a professional fundraiser partnership with a nonprofit or charity.

As a Golfer, Operator, Course, Non-profit or Partner you acknowledge and agree that while Par3 Heroes makes your privacy a top priority, email and SMS are not a secure form of communication and Par3 Heroes is not responsible for lost, stolen or breaches of sensitive information.

Social Media Release: (Facebook, Instagram, twitter, YouTube, LinkedIn, Pinterest, Tiktok disclaimer) The videos hosted by Par3 Heroes is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, twitter, YouTube, LinkedIn, Pinterest or Tiktok. The Par3 Heroes videos are completely independent of Facebook. You the user acknowledge and agree to release all parties. By checking the Yes, I agree box, participating As a Golfer, Operator, Course, Non-profit, Charity or Partner, submitting your name, email address and requesting/downloading a video clip provided by Par3 Heroes, you, the user, have affirmatively reviewed, accepted, and agreed to all of the terms of use and privacy policy.

Copyright Infringement & DMCA – As Par3 Heroes asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Par3 Heroes violates your copyright, you are encouraged to notify us. Par3 Heroes will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Par3 Heroes will terminate a visitor or subscriber’s access to and use of the site if, under appropriate circumstances, the visitor or subscriber is determined to be a repeat infringer of the copyrights or other intellectual property rights of Par3 Heroes or others. In the case of such termination, Par3 Heroes will have no obligation to provide a refund of any amounts previously paid to Par3 Heroes.

Third-party Sites – The site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Par3 Heroes.

LINKS FROM THE WEBSITE: The website may contain links to websites operated by other parties. Par3 Heroes provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Par3 Heroes, and Par3 Heroes is not responsible for the content available on the other sites. Such links do not imply Par3 Heroes’ endorsement of information or material on any other site and Par3 Heroes disclaims all liability regarding your access to and use of such linked websites.

LINKS TO THE WEBSITE: You may not place a link to the website on another website without our prior written consent and, without limiting the foregoing, you must adhere to Par3 Heroes’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Par3 Heroes and/or its partners or licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Par3 Heroes, (iii) when selected by a user, the link must display the website on full-screen and not within a frame on the linking site, and (iv) Par3 Heroes reserves the right to revoke its consent to the link at any time and in its sole discretion.

Modification of Agreement – As stated earlier, Par3 Heroes reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the site and these terms of use. Your continued use of the site after such modifications to this agreement will constitute acknowledgment of the modified terms of use and agreement to abide and be bound by the modified terms of use.

Termination of Use – Par3 Heroes may terminate your access to all or any part of the site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Par3 Heroes account (if you have one), you may simply discontinue using the site. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability – IN NO EVENT WILL PAR3 HEROES, OR ANY OF ITS OPERATORS, GOLFERS, COURSES, SUPPLIERS, PARTNERS, SPONSORS, AFFILIATES, ADVERTISERS, CHARITIES, NON-PROFITS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO PAR3 HEROES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. PAR3 HEROES SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Warranty Disclaimer – THE SITE IS PROVIDED “AS-IS”. PAR3 HEROES AND ANY OF ITS OPERATORS, GOLFERS, COURSES, SUPPLIERS, PARTNERS, SPONSORS, AFFILIATES, ADVERTISERS, NON-PROFITS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PAR3 HEROES NOR ANY OF ITS OPERATORS, GOLFERS, COURSES, SUPPLIERS, PARTNERS, SPONSORS, AFFILIATES, ADVERTISERS, NON-PROFITS OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE PAR3 HEROES  ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, PAR3 HEROES DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Governing Law – This Terms of Use agreement and your use of the Par3 Heroes sites shall be governed by the laws of Canada and the Province of British Columbia without regard to its conflicts of laws principles. Any legal action or proceeding related to the Par3 Heroes sites shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in British Columbia.

Indemnification – You further agree to indemnify, defend and hold harmless Par3 Heroes and its operators, courses, suppliers, partners, sponsors, advertisers, affiliates, charities, non-profits, licensors, parent companies, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) that directly or indirectly result from (a) your content, (b) your use of the service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the sites. Par3 Heroes 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.

Binding Arbitration, No Class Action – Please read this section carefully – You understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these terms.

Class Action Waiver – The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court – Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Mandatory Arbitration of Disputes – We each agree that any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services, including the determination of the scope or applicability of this arbitration provision (each, a “claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.

Limited Remedies – We each agree that, for any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.

Term – When you sign up or use any of Par3 Heroes services, you agree to these terms, the agreement between you and Par3 Heroes is formed, and the term of the agreement (the “Term”) will begin. The term will continue for 20 years or we terminate the agreement in accordance with these terms, whichever happens first. If you sign up for the service on behalf of a company or another entity, you represent and warrant that you have the authority to accept these terms and enter into the agreement on its behalf.

Closing your Account – You or Par3 Heroes may terminate the agreement at any time and for any reason by closing your Par3 Heroes account or giving notice to the other party. We may suspend the service to you at any time, with or without cause. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the agreement. If your account is inactive for 36 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

Changes – We may change any of the terms by posting revised terms of use on our website and/or by notifying you of the new terms by sending an email to the last email address you gave us or displaying prominent notice within the service. Unless you terminate your account within 10 days, the new terms will be effective immediately and apply to any continued or new use of the service. We may change the website, the service, add-ons, or any features of the service at any time, and we may discontinue the website, the service, add-ons, or any features of the service at any time.

Account and Password – You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Par3 Heroes is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the service, is and will remain complete and accurate.

Account Disputes – We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Par3 Heroes. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login to protect the security and privacy of the data held within the account.

Credit Cards or other Payment Methods – Any individual using a credit card or other payment method represents and warrants that they are authorized to use that credit card or other method, and that any and all charges may be billed to that credit card and won’t be rejected. The individual understands and acknowledges that currently Par3 Heroes will be using a third-party processor like Stripe or PayPal.

Proprietary Rights Owned by Par3 Heroes – You will respect our proprietary rights in the website and the software used to provide the service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, content, and “other” intellectual property).

Par3 Heroes INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the website including, but not limited to, trademarks and logos, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“Par3 Heroes Intellectual Property”) are the property of Par3 Heroes, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Par3 Heroes. All modifications and enhancements to the services remain the sole property of Par3 Heroes. You understand and acknowledge that, by using the services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the Par3 Heroes intellectual property in any manner not expressly permitted under these terms.

Proprietary Rights Owned by You – You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Par3 Heroes in the course of using the service (“content”). You retain ownership of your personal information that you upload to the service. We may use or disclose your content (including any personal information therein) only as described in these terms or privacy policy.

Content Provided by Other Users or Third-Parties – You understand that Par3 Heroes is not responsible for user content provided by any other users or other third-parties, Par3 Heroes takes no responsibility and assumes no liability for any user content that any other user of the services posts or sends through the services. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, or otherwise not suitable for you.

No Compensation for User Content – Par3 Heroes will not compensate you in any manner for anything, including your use of the services and any user content you provide through the services.

Par3 Heroes’ Rights to Screen and Delete User Content – We reserve the right but do not undertake the obligation to pre-screen, filter or categorize any user content. We may also investigate you, your account and any user content you submit in connection with the services.

Ownership of Par3 Heroes’ Content – Except with regard to user content that you own, Par3 Heroes owns all content provided through the services and all intellectual property rights in the services. Par3 Heroes retains all right, title and interest in the services, and its trademarks, service marks and logos, including all technology and processes and any enhancements or modifications.

Privacy Policy – Your privacy is important to us. Please read our privacy policy for information regarding how we collect, use, and disclose your content and personal information and protect your privacy when you use the service.

Right to Review Recorded Golf Shots – We may view, copy, and internally distribute content from your shots and account to create algorithms and programs (“tools”) that help us study data internally to make the service smarter and create better experiences for users.

General Rules for Operators, Golfers, Courses, Sponsors, Affiliates or Non-profits – By agreeing to these terms, you promise to follow these rules: You won’t send spam! We mean “spam” as it is defined on the Spamhaus website. You won’t use purchased, rented, or third-party lists of email addresses. Par3 Heroes doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send or distribute any content that we determine, in our sole discretion, contains either of the following:

A Threat of Physical Harm – This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

Hateful Content – This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: An organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm. A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as hateful content or a threat of physical harm; or a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm. If you violate any of these rules, then we may suspend or terminate your account.

Reporting Abuse – If you think anyone is violating any of these terms, please notify us immediately. If you received spam you think came from an Par3 Heroes operator, course, partner, sponsor, affiliate or non-profit, please report it to us. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us.

Compliance with Laws – You represent and warrant that your use of the service will comply with all applicable laws and regulations. You’re responsible for determining whether the service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the GDPR) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the service, then we won’t be liable if the service doesn’t meet those requirements. While using the Par3 Heroes service it is up to each partner, non-profit, charity, sponsor or affiliate to be familiar with all the do’s and don’ts for HIPAA-compliant email marketing or HIPAA Identifiers that are considered personally identifiable information or protected health information (PHI). You may not use the service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce. If you collect any personal information pertaining to a minor and store such information within your Par3 Heroes account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or market/distribute our videos or other content through the service to anyone located in the EEA in creating your distribution list, sending videos via the service, and/or otherwise collecting information as a result of creating or sending videos, you represent and warrant to Par3 Heroes that:

You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the service, and includes a link to Par3 Heroes’ privacy policy.

You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Par3 Heroes and to enable such data to be lawfully collected, processed, and shared by Par3 Heroes for the purposes of providing the service or as otherwise directed by you.

You will comply with all laws and regulations applicable to the videos sent through the service, including those relating to (a) acquiring consents (where required) to lawfully send videos, (b) the content of video, and (c) your video deployment practices.

You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Par3 Heroes to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the service in accordance with and as described in the privacy policy. In addition, if you are an EEA Sponsor or affiliate, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold Par3 Heroes and any of their partners harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.

Export Controls – The software that supports the service (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the software or your videos to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the service is designated on any U.S. government list of prohibited or restricted persons. It’s important to note that this section isn’t meant to provide a comprehensive summary of the Export Control Laws that govern Par3 Heroes, the service, or the software. You’re using the software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the service and the software complies with applicable laws.

Legal Fees and Expenses – If we file an action against you claiming you breached these terms of use and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

Equitable Relief – If you violate these terms of use, then we may seek injunctive relief (meaning we may request a court order to stop you or other equitable relief.

Subpoena Fees – If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers – We and our team are not responsible for the behavior of any third parties, including golfers, courses, partners, sponsors, affiliates, charities or non-profits.

Assignments – You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Force Majeure – We won’t be held liable for any delays or failure in performance of any part of the service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

Survivability – Even if this agreement is terminated, the following sections will continue to apply: Proprietary rights owned by us, proprietary rights owned by you, compliance with laws, limitation of liability, no warranties, indemnity, choice of law, severability, and entire agreement.

Severability – If it turns out that a section of these terms of use isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the agreement will still be valid.

Interpretation – The headers and sidebar text are provided only to make these terms of use easier to read and understand. The fact that we wrote these terms won’t affect the way the agreement is interpreted.

Amendments and Waiver – Amendments or changes to the agreement won’t be effective until we post revised terms of use on the website. If we don’t immediately take action on a violation of these terms, we’re not giving up any rights under the terms of use, and we may still take action at some point.

No changes at request of Golfer, Course, Partner, Sponsor, Charity/Non-profit – We can’t change these terms of use for any one golfer, course, partner, sponsor, nonprofit or group.

Further Actions – You’ll provide all documents and take any actions necessary to meet your obligations under these terms of use.

Notification of Security Breach – In the event of a security breach that may affect you or anyone connected to a video or donation, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone, you’ll promptly do so.

Notices – Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our website. Any notice to us will be effective when received by mail.