Date of last revision: [June, 2008.] These terms of use, ("Terms of Use"), apply to the website www.ongolf.com (the "Website"). They also apply to www.ongolf.se which points to the Website. The Website is made available by ePGA AB, 556721-3078, Birger Jarlsgatan 13, 111 45 Stockholm, ("ePGA", "we", "us"). By accessing the Website you agree to be bound by these Terms of Use. We reserve the right, at our full discretion, to modify the Terms of Use at any time. Such modification enters into force when published on this page and we will indicate the date of the latest revision on top of this page. Your continued use after such modification is valid as consent thereto. If you do not accept to abide by the Terms of Use you should not access the Website or use our Service. Do check our Website regularly to verify whether the Terms of Use have been modified. If you are under 18 years of age you must have the permission from your parent or guardian to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or have the permission from you parent or guardian. As a parent you are recommended to supervise your child's activity on the Internet. Any translation of these Terms of Use from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms of Use. As further described on the Website, ePGA delivers an online golf game, a virtual sport world and community. The game is combined with real time functionality such as the become friends feature, friend to friend messaging via voice and chat, match making features-challenges, friend invitations, friend notifications, blogging and discussion forums. The game itself is mimicking the real world's golf rules and physics. You will have an opportunity to access gaming content such as additional golf courses, tournaments and tours as well as special play formats. Tournaments may be with or witout price money. You will have an opportunity to organise mini events and to develop your character profile with achievements and awards as well as to develop your skills by swing feedback and game coaching, game-play lessons, training and game statistics. Additional features may be added. ePGA makes available its gaming services as here described, (the "Game" or the "Service"), on the Website to individual consumers for private use. You understand that the Service may continuously evolve over time and ePGA reserves the right to modify the Service at any time with or without notice. Some parts of the Service are available without cost. Use of the parts of the Service that are not available for free, will require pre-payment. Any tax, duty or fee due in connection with your use of the Service will be your sole responsibility. 2.1. How to use the Service In order to use the Service you must open an account and register as member. You do that by following the instructions on the Website. You find more extensive descriptions of the Service and its different functionalities on the Website. The Game will be ruled by the same game rules that apply for golf in the real world. You find the rules for golf in the real world on: www.randa.org/flash/rules/PDF/WEB_ROG_spreads.pdf. You agree to at all time obey to the game rules. Since the Game is virtual, some of the rules may however not be applicable. The website contains a HELP section and a FAQ section, i.e. frequently asked questions with answers. 2.2. Accounts and membership You become a member by following the registration instructions on the Website. For using the parts of the Service that are not for free, you will have to provide more extensive information in order for us to be able to charge you in advance. When you become a member, your personal account is created which will contain basic account information including username and password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and we reserve the right to test and to verify this at any time. You are not allowed to have more than one account. You may terminate your membership by sending an e-mail to support@ongolf.com requesting membership cancellation. The erasure of data may be delayed for technical reasons. The retaining of personal data is regulated by Section 7 below. ePGA reserves the right to, at its own discretion and without explanation necessary, block or delete an account for any reason it deems necessary and without refund, in particular, but not limited to the situation where there seem to have been a violation of these Terms of Use. 2.3 Proprietary rights and limited right to use The Service and all content available on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, are the proprietary property of ePGA or of the rights holder that is otherwise named on the Website. Under no circumstances shall any right to the Service, to the Game or to any other content be assigned to you as a user except as explicitly set out herein. Subject to these Terms of Use you are hereby granted a personal, limited, non-exclusive, non-transferable license to enter, use, perform and display the Service for private use, and for no other purpose. The license does not allow you to in any way use trademarks appearing on the Website. The license is revocable at any time without notice and without cause. All accounts are virtual objects of the Service. You do not obtain ownership or any other rights to the account. Without written permission of ePGA, it is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts or access data. In particular, it is prohibited to sell accounts or resources or to make any other profit by leaving accounts or resources to third parties. The same applies to selling access data or rights of utilization. Violation of ePGA's rights, in particular copyrights, will be reported to relevant authorities for prosecution. 2.4 Payment Some parts of the Service are available without cost. The parts which are not can only be used against full payment in advance. You will be charged for the Service in accordance with what is set out on the Website. If the necessary payment cannot be collected you will not access such parts of the Service that require pre-payment. Due to technical possibilities and market conditions in your country, the available payment methods may vary. ePGA provides a platform that allows you to communicate with other users. You bear the full responsibility for such communication. ePGA does not control the content and takes no responsibility for it. Your information and your activities on the Website must not be false, incorrect or misleading, or violate confidentiality or any other rights, infringe on a third party's copyright, trademark, trade secret, patent or any other right or publishing right, be fraudulent or violate applicable laws or regulations. Threatening, abusive, pornographic, offensive, hateful, racist or otherwise objectionable content is not permitted and is not within the responsibility of ePGA. Violations could lead to blockage and deletion from the Service and the membership. Prohibited actions - Manipulative actions You must not use actions, mechanism or software in conjunction with the Website which could interfere with the function and development of the Service. You are not permitted to take actions which cause an unacceptable or excessive strain of technical capacities. You are not permitted to block, overwrite, or modify content which was generated by ePGA. Prohibited programs It is prohibited to load the Service with any other programs than web browsers. Such other programs are in particular so called "bots", but also other tools that simulate, replace or supplement the web interface are forbidden. It is prohibited to use scripts and completely or partially automated programs that provide advantages towards other users. Auto-refresh-functions and other integrated mechanisms of the web browser are forbidden as long as they are automated actions. The usage of actions that disable advertisements is prohibited. Direct log-ins The log-in into an account is permitted directly from the start page on the Website only. Automated opening of an account, no matter if displaying the start page or not, is prohibited. Bugs To use a bug or other error in the code or the system is considered as cheating and therefore prohibited. Please report any bug or other error that you discover to support@ongolf.com and you will be granted some sort of reward for doing so. Virus or corrupted data You must not post or transmit content that contains virus or corrupted data or any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or similar. You can never claim a right to enter or to use the Service. ePGA does not guarantee that the Service is available a certain minimum time during the day or night or over a year. ePGA has the right to update and support the Service whenever it chooses. ePGA does not and cannot guarantee that the Service will be uninterrupted or error free. The Service is delivered "AS IS" without any warranties. Use of the Service is at your sole risk. See further Section 6, limitation of liability. ePGA reserves the right to call off and also to cancel a tour or a tournament after it is finished, if due to technical problems, breakdown or unforeseeable events outside ePGA's control, it is or has not been carried out in a normal and fair way and without this resulting in any right for you to claim compensation. You agree to indemnify and hold ePGA, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your conduct in connection with the Service or any violation of these Terms of Use, of any law or regulation or of the rights of any third party. ePGA is not responsible for your possibility to use the Service. ePGA takes no responsibility whatsoever for damages or errors of whatever nature it may be, arising from circumstances outside ePGA's control. ePGA is not responsible in case your use is restricted due to reasons outside ePGA's control, including but not limited to: incomplete, uninterrupted, delayed or in any other way lost or wrong information caused by computer equipment, your computer software or other technical equipment that you have used to access the Service. ePGA is not responsible for problems at a telecom operator, its equipment for telephone services, SMS-traffic or similar. Neither is ePGA responsible for communication errors on the Internet, online systems, Internet suppliers' computer equipment, software, unsuccessful or incomplete e-mail functionality at ePGA or on your side which are due to technical problems, the pressure from high traffic on the Internet or a website and/or a combination thereof. ePGA takes no responsibility for damages or errors that may arise on your and/or someone elses computer, software and/or stored data as a consequence of participation in the Service. Further, ePGa is not responsible for possible changes in the legislation that impact the Service or decisions by authorities in relation to the Service. Under no circumstances shall ePGA be responsible for expected profit, liability towards third party, loss of data or other indirect damage or loss. ePGA's responsibility shall under all circumstances be limited to the amount that you have paid for the Service during the latest three-months-period. If you would like to claim damages from ePGA, you must inform us as soon as possible. If the performance of ePGA's undertakings is prevented or obstructed for reasons outside ePGA's control, such as new legislation, labour conflict, mobilisation or military drafting of major impact, restrictions on power supply, general shortage in transportation, goods or energy or error or delay in deliveries from suppliers based on circumstances that have been accounted for here including lack of necessary permissions or licenses, intervention from authorities or similar, "FORCE MAJEURE", ePGA shall be released from liability. By using the Service you agree to ePGA's collection, storage, use and handling, for the purposes described herein, of your personal data and other information that you provide to us. We may disclose your personal data to third parties which we have engaged to assist us in fulfilling the Service. ePGA further uses its data base of personal data including user data such as time online etc, to evaluate and improve the Service, conducting research, client administration, obeying applicable laws and supervising the obedience of users to these Terms of Use and the applicable laws. This policy does not apply to the practices of companies that ePGA does not own or control. onGOLF takes no responsibility for such companies. You should review such third parties' privacy policies to see how they may use any information that they collect. You have the right to get information about the personal data ePGA has stored about you and to have incorrect data deleted or corrected. To get such information or correct the data you may contact ePGA on support@ongolf.com. You may also correct incorrect data about you on the Website. You have no right to demand that your information be deleted from the database in case the storage is required by applicable rules or regulations. ePGA reserves the right to use your personal data for marketing and to transfer you personal data to its partners also in foreign jurisdictions, unless you have explicitly prohibited such use by contacting ePGA on support@ongolf.com. You may be asked to submit information about other people. For example, we may offer "Tell a Friend" promotions. In these situations, users are asked to provide the e-mail address and, sometimes, the name of a friend. After the "Tell a Friend" transaction is completed, that information is deleted. The Service may include advertisements from ePGA and ePGA's partners. The Service may incorporate advertisement serving technology for the purpose of calculating fees owed by advertisers and monitoring advertisement efficiency. Your IP address and other information may be sent to a foreign jurisdiction for processing via the Internet. By making content (such as blog posts, comments, images and sounds) public on your profile, you give an explicit consent to show the information chosen to the public. ePGA reserves the right to publish information about winners of tournaments and tours as well as statistics. We may disclose your personal data to appropriate third parties in case of suspected illegal activity as we deem necessary in our sole discretion. When your account and membership has been terminated, storage of your personal data is limited to what is necessary to comply with legal requirements. The Service, as most Internet applications, is vulnerable to various security issues and should be considered unsecured. By using the Service and the Internet in general, you may be subject to various risks, including among others, unauthorised invasion of your privacy; unauthorised exposure of information and material you list or sent through the service. If you do not wish to be subject to these risks, you are advised not to use the Service. Cookies ePGA uses so called cookies for session information. A cookie is a small data file that enters you computer when you visit a certain website. A cookie can contain data that the website considers need to be saved, such as what you do when you visit the website, login information etc and facilitates the use of the Service. The data can then be retrieved from you computer from the website that created the file. If you do not want to allow the storage of cookies on your computer you may turn of that function in the browser on your computer. However, you should be aware that if you block cookies the Service may not work properly. These Terms of Use shall be governed by the substantive laws of Sweden.