Acushnet Singapore Legal Information

Acushnet Singapore Pte Ltd.

7 Changi South Street 2,
#02-01 Xilin Districentre C
Singapore, 486415

TERMS AND CONDITIONS OF USE

Your use of this Internet site (this "Site") indicates your acceptance of the terms and conditions listed herein (these “Terms and Conditions”), which may be revised at any time as set forth below.

These Terms and Conditions create a legally binding agreement between you and Acushnet Singapore Pte Ltd. and its affiliates, including but not limited to, Acushnet Company (which we may collectively refer to herein as “Acushnet”, “we”, “us” or “our”), regarding your use of this Site. If you do not accept such Terms and Conditions, do not use this Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCEPTIONS THAT MAY APPLY TO YOU.

For the avoidance of doubt, your statutory rights are not affected by these Terms and Conditions.

Changes to these Terms and Conditions or this Site

We may amend these Terms and Conditions from time to time. Every time you wish to use this Site, please check these Terms and Conditions to ensure you understand the terms that apply at that time. Use after any such revisions indicates your acceptance of such revised Terms and Conditions. We may also update and change this Site from time to time to reflect changes to our products, our users’ needs, our business priorities, or other changes.

Use of this Site

You are only eligible to use this Site if you are of legal age in your country or if you have consent from your parent or guardian.

We are the owners or the licensees of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world and misuse thereof may constitute violation of copyright, trademark and other laws. We reserve all rights to all materials listed on this Site.

You may download material displayed on the Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without our written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites. All materials on this Site are copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws. We reserve all rights to all materials listed on this Site.

We provide proprietary information, including copyrighted materials, about our products and services on this website for the benefit of our customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this Site for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against Acushnet. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Acushnet reserves the right to seek damages for infringement for copyrighted materials.

Registration

We may at times require that you register and/or set up an account to use certain portions of the Site. In order to do so, you may be required to provide certain personal information, and you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all personal information provided by you is accurate and up to date. If any of your personal information changes, you must update it by using the appropriate update mechanism on the Site. See our Privacy Policy for details regarding the collection and use of personal information.

If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or these Terms and Conditions to any third party. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Site), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site.

No Warranties; Limitation of Liability

Except as otherwise required by applicable law, Acushnet Singapore Pte Ltd ("Acushnet Company “) does not represent or warrant that the content of this Site is accurate or that its operation will be error free or uninterrupted. You use the Site at your own risk. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Acushnet Company also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. In no event shall Acushnet Company or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, or damages from any theory of liability whatsoever, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Site, to the maximum extent permitted by applicable law.

We may, from time to time and without notice, change, revise, or add to the Site or the information and products described in it. However, we do not undertake to keep the Site updated. To the extent permitted by applicable law (including but not limited to the Australian Consumer Law, the Singapore Consumer Protection (Fair Trading) Act 2003, [to insert] ), we are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.

Intellectual Property

Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights, patents or other property of Acushnet Company ("Acushnet Company Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Acushnet Company Intellectual Property displayed on the Site without the written permission of Acushnet Company.

Acushnet Company devotes millions of dollars and countless hours every year to its research and development activities. The result of this huge investment of time and money are golf products which we believe are the finest, most technologically advanced products available. The benefits of these efforts are incorporated in our products and many of these features are not apparent to the casual observer but are absent from other products which are intended to be copies or “knockoffs” of genuine Acushnet Company products. Acushnet Company Intellectual Property is protected by a multitude of patents, trademarks and other rights granted to Acushnet Company under international, federal and state statutory and common law. Accordingly, Acushnet Company expects that others will respect its intellectual property rights. Acushnet Company vigorously enforces its intellectual property rights, whether infringement takes the form of “knock-off” products, unauthorized use of trademarks or copyrights or in any other manner.

No commercial use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Acushnet Company Intellectual Property, software, products or services contained within this Site. You may not use this Site, or any of its Acushnet Company Intellectual Property, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Trademarks

The following is a non-exhaustive list of some of the trademarks owned or licensed by Acushnet Company used on or with FootJoy products:

Advanced Performance Leather; ComforTab; ComforTongue; ComfortSof; Contour Series; CoolJoys; CottonSof; D.N.A. Helix; DryJoys; DryJoys Design; DryJoys Tour, DryJoys Performance Collection; DrySof; emBody; eMerge; enJoy; FirstJoys; FJ; FJ 1857; FJ Arc SL; FJ Aspire; FJ Spectrum; FJ Versaluxe; Fit-Bed; FlexGrid; FootJoy; GelCollar; GreenJoys; GolfLeisure; HeelLoc; HyperFlex II; Icon Black; LaunchPod; Layer Up; LoPro Collection; MyJoys; NitroThin; OptiFlex; ProDry; Pro/SL; PowerNet; PowerStrap; Pro FLX; Pro SL; Pure Touch; Q-Mark; QuikDry ; RainGrip; SciFlex; SecureCollar; SofJoy; StaCooler; StaSof; SuperLites XP; Taction2; Techsof; Tour S; WeatherSof; WinterSof

Unaffiliated Products and Sites

Descriptions of, or references to, products, publications or sites not owned by Acushnet do not imply endorsement of that product, publication or site. Acushnet has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Communications with this Site

On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). Acushnet Company does not examine the Content for completeness, legality, correctness or actuality. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ACUSHNET COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THIS SITE. 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 unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, sexual, violent, suicide or self-harm, cyberbullying Content, Content endangering public health, Content facilitating vice and organised crime, 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. Acushnet Company will fully cooperate with any law enforcement authorities or court order requesting or directing Acushnet Company 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 data about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual an obligation (whether contractual or not) to keep private or confidential . You agree that you will not impersonate any person or organization, including without limitation, an employee or authorised representative of Acushnet Company. 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.

The message boards, chat rooms, and other forums we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. You agree that you 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. You further agree that you will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or another user's computer.

Acushnet Company appreciates your comments, but please do not send to Acushnet Company any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Acushnet Company 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. Acushnet Company cannot prevent the "harvesting" of information from this Site, and you may be contacted by Acushnet Company or unrelated third parties, by e-mail or otherwise, within or outside of this Site. By using this Site, you agree that anything you transmit may be edited by or on behalf of Acushnet Company, may or may not be posted to this Site at the sole discretion of Acushnet Company and may be used by Acushnet Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, communication to the public, broadcast and posting. Furthermore, Acushnet Company 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.

Although Acushnet Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Acushnet Company 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. Acushnet Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Reporting Violations Of These Terms And Conditions

If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email to ip@acushnetgolf.com. 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.

User Generated Content License Agreement

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 ("Submission") is governed by these terms.

You represent that you have the right to post your Submission, and you hereby grant to Acushnet Company an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) Acushnet Company shall have the right to edit, alter or arrange the Submission in any way it desires in its sole discretion; (b) Acushnet Company shall not have any obligation to provide you with any credit when using your Submission; and (c) to the extent permitted by applicable law, you waive any “moral rights” that you may have in the Submission. You understand that Acushnet Company will be acting in reliance upon your grant of rights, representations, warranties and indemnities in these Terms and Conditions and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Acushnet Company use your Submission.

You understand and agree that some of your Content and/or Submissions may continue to appear on the Site after any account you have with us has been terminated, subject to your right to request that your Content and/or Submissions is removed in accordance with applicable law.

Proprietary Rights Complaint Process

Acushnet is committed to complying with all applicable copyright laws and to responding to claims of copyright infringement. Acushnet will promptly process and investigate notices of alleged infringement and will take appropriate actions in accordance with applicable law.

Notifications of claimed copyright infringement must be submitted either:

1. By sending an email to ip@acushnetgolf.com; or
2. By sending a letter via U.S. mail to:

Copyright Agent
Acushnet Company
Attn: Legal Department
333 Bridge Street
Fairhaven, MA 02719

Governing Law

These Terms and Conditions shall be governed by the laws of Singapore, without regard to the principles of conflicts of laws.

Any dispute in connection to your use of this Site shall be heard only in court of competent jurisdiction located in Singapore, although we reserve the right to bring proceedings against you for breach of these Terms and Conditions in the country where you reside or any other relevant country. By using this Site, you consent to the personal jurisdiction of such courts.

Miscellaneous

If any of the Terms and Conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these Terms and Conditions and shall not affect the enforceability of the remaining Terms and Conditions. This legal notice states the entire agreement between us with respect to your use of the Site, which agreement may only be amended as set out in the “Changes to these Terms and Conditions” section above. Oral agreements as well as amendments and/or supplements require confirmation in writing in order to be valid. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Acushnet intends to make such products or services available in such countries.

Questions?

If you have any questions about the Program, please contact Us at privacypolicy@acushnetgolf.com.

PLEASE MAINTAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS AND CHECK HERE FREQUENTLY FOR ANY CHANGES TO HERETO.