This Terms of Use Agreement sets forth the standards of use of the SHOWME A/S Online Community website (“Service”), and SHOWME A/S` Mobile Application (“Product”). By using the SHOWME A/S website (the “Site”) and/or the SHOWME A/S application you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use this website or download the Product. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted in our Product. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. In addition to these terms, your use of the Product may be governed by agreements with the third party vendor from whom the Product was downloaded. We encourage you to review the terms and privacy policies of these third party vendors.

1. Description of Product and Service

SHOWME A/S provides the User with a golf community website that includes round tracking, “buddy” tracking of other Users and other social media services. In addition, SHOWME A/S allows the User to download the SHOWME A/S application to a mobile device to track golf data, provide golf course distances and other features related to playing a round of golf. Another feature of our Site and/or Product may allow you to upload user generated video content for sharing with other Users.

To utilize both SHOWME A/S` Product and Service, Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem and/or a mobile device, (2) cell phone service including data services.

The Product can be downloaded for free but some features of the Product and sections of the Site are only available to paying members. Please be aware that a User`s normal carrier`s rates and fees, such as text messaging fees and data fees, will apply. The User is responsible for charges that may be incurred through the User`s carrier.

In the event you change or deactivate your mobile service, Users are responsible for updating or canceling all account information on the SHOWME A/S website within 14 days to ensure proper communication and billing.

2. Membership Terms

The User can opt to download the Product at no charge and be a Free Member at no charge. The User may opt, at their discretion, to upgrade to a Premium Member whereby semi-annual or annual dues will be specified and paid in advance by credit or debit card.

Premium Members payment is due semi-annually or annually from the date of membership and membership dues will continue unless a User cancels their membership by contacting SHOWME A/S Customer Service via phone, email or in writing. The User will be charged at the rate in effect at the time of renewal. A Premium Membership can be cancelled, terminated or discontinued by the User or SHOWME A/S, at its sole discretion, at any time.

The User is responsible for notifying SHOWME A/S of any change in name, billing address, email, telephone, credit card or other account information to insure uninterrupted service. To cancel SHOWME A/S service, the User must contact SHOWME A/S customer support department at support@showmegolfers.com.

SHOWME A/S reserves the right to change membership fees and other charges at any time with or without prior notice.

3. Rules, Responsibilities and Obligations

Users agree to not use the Service and/or Product to: (i) upload, post, email or otherwise transmit 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; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a SHOWME A/S official, guide or host, or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service and/or Product; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit 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; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; or (x) interfere with or disrupt the Service and/or Product or servers or networks connected to the Service and/or Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or Product.

SHOWME A/S shall have the right, but not the obligation, to monitor the content of the SHOWME A/S website, including rounds, messages and statistics, to determine compliance with this Agreement and any operating rules established by SHOWME A/S and to satisfy any law, regulation or authorized government request. SHOWME A/S shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the SHOWME A/S website.

SHOWME A/S reserves to right to discontinue membership of any User who fails to comply with these terms.

4. Release and Waiver of Rights

You release SHOWME A/S and expressly waive any and all claims against SHOWME A/S that may arise from your use of the Services and/or Product. Specifically, without limitation, by uploading or participating in a video within the Service and/or Product, you release SHOWME A/S and expressly waive all claims against SHOWME A/S arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use and/or participation in the video sharing feature.

5. Communications from SHOWME A/S

The User agrees to allow SHOWME A/S to send information regarding the Product and Service from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. SHOWME A/S may contact the User via email, billing address, SMS messaging, in-app messaging or through message system on the Service website. At any time the User may opt out of receiving such information by contacting SHOWME A/S customer support or by clicking on the unsubscribe link in email communications from SHOWME A/S. For more information on SHOWME A/S` use of member information, read SHOWME A/S` Privacy Policy.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that SHOWME A/S is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding such links or the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. SHOWME A/S encourages all Users to review terms of use and privacy policies of third-parties sites.

Any dealings with advertisers found on the SHOWME A/S site are solely between the User and that advertiser. SHOWME A/S shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on the website. Users agree to assume the sole risk in dealing with any of said advertisers.

7. Modifications and Interruption to Service or Product

SHOWME A/S reserves the right to modify or discontinue the Service and/or Product with or without notice to a User. SHOWME A/S shall not be liable to a User or any third party should SHOWME A/S exercise its right to modify or discontinue the Service or Product at any time. Member acknowledges and accepts that SHOWME A/S does not guarantee continuous, uninterrupted or secure access to the Service or Product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Disclaimer Regarding Accuracy of Vendor Information

Product and service features and other information may be provided or sourced by third party vendors (“Vendor”) or collected from publicly available sources. While SHOWME A/S makes every effort to ensure that the information on its website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. Any reliance on representations and warranties provided by any Vendor shall be at a User`s own risk.

9. Disclaimer of Warranties

THE SERVICE AND PRODUCT ARE PROVIDED BY SHOWME A/S ON AN `AS IS` AND ON AN `AS AVAILABLE` BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOWME A/S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICE AND PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOWME A/S SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE PRODUCT OR SERVICE. SHOWME A/S DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.

SHOWME A/S DOES NOT WARRANT THAT ITS PRODUCT OR SERVICE WILL OPERATE ERROR-FREE OR THAT ITS APPLICATION, WEBSITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER`S USE OF SHOWME A/S PRODUCT OR SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SHOWME A/S IS NOT RESPONSIBLE FOR THOSE COSTS.

10. Limitation of Liability

SHOWME A/S SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHOWME A/S SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SHOWME A/S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

11. Indemnification

Users hereby release and waive all claims against SHOWME A/S with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.

Users agree to indemnify and hold SHOWME A/S, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of User`s use of the Service or Product, the violation of this Agreement, or infringement by a User, or other User of the Service or Product using a User’s SHOWME A/S membership privilege, of any intellectual property or any other right of any person or entity.

12. Governing Jurisdiction of the Laws of Denmark

Our website is operated and provided in Denmark. As such, we are subject to the laws in Denmark, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Denmark.

13. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service and/or Product in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national, or international law or regulation.

14. SHOWME A/S Copyrights and Trademarks

All content included or available on this site or within the Product, including site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of SHOWME A/S and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Product, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SHOWME A/S is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Product, Service or any portion thereof.

SHOWME, SHOWMEGOLFERS and the SHOWME Logo are trademarks of SHOWME A/S. SHOWME A/S’ trademarks may not be used in connection with any product or service that is not provided by SHOWME A/S, unless such use is expressly authorized by SHOWME. SHOWME A/S’ trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SHOWME A/S.

All other trademarks displayed on the Site or that may appear within the Product are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with SHOWME A/S.

15. Digital Millennium Copyright Act Notice

SHOWME A/S’ Product and/or Services may include features that allow Users to upload and/or create user-generated content.

If you believe your work has been copied and is accessible at our Site or through our Product in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following:

• A clear identification of the copyrighted work you claim was infringed;

• A clear Identification of the material you claim is infringing the copyrighted work, including information that will allow us to locate that material;

• Your contact information;

• A statement of good faith belief that the material is infringing ;

• A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder

Our agent for notice of claims of copyright infringement related to our Product or our Service can be reached at:

SHOWME A/S
Bregnerødvej 125
3460 Birkerød, Denmark
Phone: +45 5311 4950
support@showmegolfers.com

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SHOWME A/S, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Privacy policy

This Privacy Policy discloses the practices of SHOWME A/S concerning information we obtain by and through your use of the SHOWME A/S website (the “Site”) and/or the SHOWME A/S Mobile Application (the “Product”). SHOWME A/S is committed to respecting your privacy and recognizing your need for appropriate protection and management of Personally Identifiable Information you share with us. The purpose of this privacy policy is to explain the types of information SHOWME A/S obtains about visitors to our Site and users of our Product, how the information is obtained, how it is used, and the choices you have regarding our use of, and your ability to review and correct, the information. By using the Site and/or the Product and by agreeing to SHOWME A/S’ Terms of Use, you are accepting and consenting to the use of your information as described in this policy.

1. What Information We Collect

The information we collect on our Site and through the use of our Product generally falls into the following two categories: Personally Identifiable Information and Non-Personally Identifiable Information. If we do combine Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated as personal information for as long as it remains combined.

Personally Identifiable Information

Personally Identifiable Information refers to information that lets us know the specifics of who you are. The Personally Identifiable Information we collect when you use our Site may include your name, mailing address, phone number, e-mail address, login name, passwords, etc. We request Personally Identifiable Information when you register on the Site or through the Product.

Non-Personally Identifiable Information

Non-Personally Identifiable Information refers to information that does not by itself identify a specific individual. The non-personally identifiable data we collect when you visit our Site may include the Uniform Resource Locator ("URL") of the Web site that you came from before visiting our Site, which pages you visit on our Site, which URL you go to next, which browser you used to come to our Site, your Internet Protocol ("IP") address, statistics and information regarding your golf game, and any search terms entered on our Site. Your use of certain features of the Product will also require collection and use of your GPS location coordinates. To provide location-based services within the Product, SHOWME may collect, use and share precise location data, including the real-time geographic location of your mobile device.

Cookies

Our Site uses or may use "cookies" to gather Non-Personally Identifiable Information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to store information about your preferences and activity during and after your visit to a web site. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser. If you turn off cookies, though, there may be some features of our Site that will not be available to you and some Web pages may not display properly. By using the Site and/or Product, you consent to SHOWME A/S’ use of “cookies.”

2. Why We Collect Information About You

Our primary goals in collecting information are to provide customers with the all features and functions of the Site and the Product, including location-based services, and to provide Users with superior service and to provide all visitors a smooth, efficient, and personalized experience while using our Site and/or Product. We may use Non-Personally Identifiable Information on an aggregated and anonymous basis to analyze customer behavior and to help us understand how visitors use our Site and to measure interest in the various pages. We use this information to gather statistical information, improve the content of our Site, to make our Site easier to use, and to customize our advertising.

We may use Personally Identifiable Information to communicate with you about the Site and/or Product, to provide you with marketing and promotional information that we believe may be of interest to you, and for billing and customer service purposes.

3. How We Collect Information

We collect Personally Identifiable Information only when you provide it to us. If you do not wish for your Personally Identifiable Information to be used or collected, please do not submit it to us. There may be times, such as when a User registers through the Site and/or Product and/or signs up for any other product or service we may offer through the Site or the Product, at which we will ask you to provide certain information about yourself, such as your name, street address, telephone number, e-mail address, title, etc. Whether or not you choose to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to use certain services, offers, and content on our Site, or that may be available by using the Product.

Our web servers may automatically collect Non-Personally Identifiable Information, including a visitor's domain name (such as .com, .edu, etc.), the web page from which a visitor enters our site, which pages a visitor visits on our site, and on some sites, how much time a visitor spends on each page. We aggregate this information and use it to evaluate and improve our Site.

We also collect location-based GPS coordinates during use of the Product. These coordinates are used to provide location-based services relating to your golf game and may be available to Users with whom you choose to share your game information.

4. How We Use Information About You

Our primary use of your information is to provide you with services through the Site and the Product. Your information, including GPS location, may be shared with other Users of the product with whom you choose to share information as a “Buddy.” If you choose to do so, you may also share your information with all Users of the Product, regardless of whether or not the User is in your “Buddy” group. You can update your preferences regarding the sharing of your information at any time by accessing your Profile. We may also use the information you provide for customer support and to respond to your requests in a timely fashion. We may also share Non-Personally Identifiable Information (for example, statistics regarding golf course usage) with third parties, including golf course clubs and course owners, on an aggregate and anonymous basis.

5. How We Protect Your Information

We use reasonable technological and physical safeguards to protect Personally Identifiable Information you provide to us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet is 100% secure, however. Therefore, while we strive make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible.
We urge you to keep any password(s) used in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

6. How to Correct or Remove Personal Information

If you do not want your Personally Identifiable Information collected or stored, please do not submit it to us. If you have already submitted personal information and would like us to correct or remove your information from our records, please contact support@showmegolfers.com.

7. Disclosures to Third Parties

Occasionally, we may establish business relationships with other persons or entities that we deem trustworthy and whose privacy policies are consistent with ours. In such cases we might share information, including Personally Identifiable Information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
Although unlikely, in certain instances we may be required to provide Personally Identifiable Information in response to a court order, subpoena, or government investigation. You cannot opt out of disclosure of your information if it is required by lawful order. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release certain Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect the rights, property, and safety of others and ourselves.

8. Links to Third Party Sites

Our web site may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.
If you purchased the Product through a third party vendor, your information will be collected and used by that third party in accordance with its own privacy policy and terms or use. SHOWME A/S is not responsible for information you submit to third parties.

9. Policy Changes

To improve the services it can offer you, SHOWME A/S may opt to expand its capabilities for obtaining information about users in the future. SHOWME A/S will update this privacy statement continually to ensure that you are aware of developments in this area.We will post those changes here so that you will always know what information we collect online, how we use it, and what choices you have. Please be sure to check this page before proceeding to use our Site or using the Product.

10. Questions or Feedback

If you have any questions or comments regarding our privacy policy and practice, please email us at info@showmegolfers.com or write to us at SHOWME A/S, Bregnerødvej 125, 3460 Birkerød, Denmark.