Blade Runner Golf a Florida Corporation, including its successors and assigns, ("Blade Runner Golf ") operates the Black Magic Wedge Internet shopping sites (including, without limitation Bladerunnergolf.com, blackmagicwedge.com, blackmagicgolf.com ) and certain co-branded versions of its site under contract with and to other third parties (collectively, the "Site"). You may only use the Site if you agree to the following terms and conditions, which you explicitly accept by your use of the Site, that is, the use of the Site is an agreement to be bound by these Terms and Conditions of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors"), which you accept by your use of the Site. If you do not wish to be bound by the Terms and Conditions herein set forth, do not use this Site.
Blade Runner Golf retains the absolute right to modify, change, add to, or remove from, or to otherwise revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. All such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site, unless otherwise stated by Blade Runner Golf, in writing. In using the Site, you are bound by such modifications or revisions, and should therefore visit this page frequently to review the Terms and Conditions. Your continued use of the Site following Blade Runner Golf’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications
LICENSE
In using this site, and in accepting the Terms and Conditions, herein set forth Blade Runner Golf grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items through the Site's Storefronts Service, or to purchase items from third-party merchants accessible via links on the Site. This license does not include the use of the Site for, and strictly prohibits:
any resale of the Site or its contents;
any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein;
any derivative use of the Site or its contents; or,
any use of data mining, robots, or similar data gathering and extraction tools.
The Site, including its operation, interface and contents, are covered by United States Copyright laws 17 U.S.C. 101 et seq., and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Blade Runner Golf.
Any unauthorized use shall immediately terminate the licenses and rights granted by Blade Runner Golf and any Licensors hereunder, and may subject you to civil and/or criminal prosecution under Federal and State laws. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Blade Runner Golf, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Blade Runner Golf, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Blade Runner Golf, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
Blade Runner Golf does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Blade Runner Golf’s control.
CONTENT
Blade Runner Golf acts in good faith to accurately portray and state the aspects and prices of its product. Blade Runner Golf does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free, and in using this Site, the user waives any claims relating to Site Content and any warranty that may be thought or alleged to arise. Site content is provided for informational purposes only and does not constitute an endorsement by Blade Runner Golf of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Blade Runner Golf assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
Blade Runner Golf endeavors to provide the customer with a source of information, and in doing so provides a number of different services to assist you in comparison shopping for products and services on the Site. Blade Runner Golf is compensated by other parties, such as merchants or other third parties who list products and services on the Site. Blade Runner Golf is also compensated for promotions such as featured merchants, featured products and showcases. Additionally, through the Blade Runner Golf Storefronts Service, Blade Runner Golf provides a venue allowing users who open member accounts through the Blade Runner Golf Member Agreement ("Member(s)"), including both individuals and merchants, to list for sale new and used products that are described on the Site. Blade Runner Golf receives a transaction compensation, or fee, from Storefronts sellers when a Member has completed the purchase of an item made available by a Member for sale on the Site.
CONTENT SUBMISSION
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify Blade Runner Golf (among others) for the content you submit as set forth in the indemnity section, below.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Blade Runner Golf's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without Blade Runner Golf's prior written consent.
By contributing or submitting any content to the Site, you guarantee and warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant Blade Runner Golf a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to Blade Runner Golf to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. By "warrant", you mean that if you do not own the intellectual property, and Blade Runner Golf must defend the presence on the Site of such intellectual property, you agree to make Blade Runner Golf whole, meaning you agree to be responsible for any judgments against Blade Runner Golf for the use of such intellectual property, as well as the costs, such as attorney's fees, made necessary in such defense or settlement.
In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials so submitted shall be subject to any obligation of confidence on the part of Blade Runner Golf, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. Blade Runner Golf reserves the right to change, condense or delete any content on the Site that Blade Runner Golf deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. The submission of any intellectual property does not create any relationship between Blade Runner Golf and the submitter (you).
You agree that you shall not post or provide any information to/for the Sites:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that seeks to obtain a commercial advantage;
that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
OTHER BUSINESSES
Blade Runner Golf does not have dominion or control over the business practices of any third-party merchant or seller, nor does it control or influence, in any way, the quality, safety, or legality of any item listed on the Site, or any business transaction that occurs as a result of products listed on the Site.
Blade Runner Golf may, at its sole discretion, provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Blade Runner Golf of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Blade Runner Golf is not responsible for examining or evaluating any content on any web site linked to by Blade Runner Golf. Blade Runner Golf does not warrant or claim responsibility in any way for, the products, services, offerings, or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
IN THE EVENT OF A DISPUTE BETWEEN YOU
If you are a Florida resident, by using the Site, you explicitly waive the rights granted to you under Florida Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES
CERTAIN STATE
THE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLADE RUNNER
INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Blade Runner Golf, its subsidiaries, affiliates, co-brand partners, and other parties with which Blade Runner Golf is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting from any and all content you submit to Blade Runner Golf and/or the Site. Blade Runner Golf shall provide notice to you of any such claim, suit or proceeding.
GOVERNING LAW
These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of Florida, and Federally, by the 11th Circuit, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in
If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Florida and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Florida. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in
The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section, unless it can be shown by clear and convincing evidence that the party is acting in bad faith in either bringing the arbitration action, or maintaining a defense or prosecution in such arbitration action.
IP OWNERSHIP
Blade Runner Golf disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). Blade Runner Golf will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Blade Runner Golf removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Blade Runner Golf regarding matters other than informing Blade Runner Golf that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to the following Designated Agent:
By Mail:
Blade Runner Golf, Inc. d/b/a blackmagicwedge.com
2519 McMullen Booth Rd.
Suite 510-129
Clearwater, FL 33761
By Email:
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By Fax:
INFRINGEMENT NOTIFICATION
To be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blade Runner Golf to locate the material;
Information reasonably sufficient to permit Blade Runner Golf to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Note that the last statement above is an assertion that you are making the statements under oath, under the penalty of perjury if the statements are untrue, and are known to be untrue by you, at the time of the making.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
Blade Runner Golf shall remove or disable access to the Third Party Content that is alleged to be infringing;
Blade Runner Golf shall forward the written notification to the alleged infringer (the "Subscriber");
Blade Runner Golf shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
COUNTER NOTIFICATION
To be effective, a Counter Notification must be a written communication provided to Blade Runner Golf's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Blade Runner Golf may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and Blade Runner Golf will comply with this requirement within a reasonable time (or as otherwise required by law), provided Blade Runner Golf's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Blade Runner Golf's network or system, in which case Blade Runner Golf will not restore or re-enable the material at issue, pending final settlement between the parties.
GENERAL
If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be disregarded and removed and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure on Blade Runner Golf's part to act with respect to a breach by you or others does not waive Blade Runner Golf's right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by Blade Runner Golf, in our sole discretion, to a third party. You may not assign your obligations to any other entity.
Please review Blade Runner Golf's other policies posted on the Site, which are incorporated herein by reference.
BladeRunnerGolf.com;
and BlackMagicWedge.com
ADDRESS FOR NOTICE
Any notices to be made to Blade Runner Golf (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following links
BladeRunnerGolf.com; and
blackmagicwedge.com.
The mailing address for Blade Runner Golf is:
Blade Runner Golf, Inc.
d/b/a Black Magic Wedge and blackmagicwedge.com
Suite 510-129
By Email:
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PRIVACY POLICY
At Blade Runner Golf.com Inc. ("Blade Runner Golf & blackmagicwedge.com ") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").
We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services ("Service(s)") in which, subject to applicable terms and availability.
In order to provide you with the Services you request, Blade Runner Golf may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in a Service, we will identify what specific personal information you must provide prior to collecting such information. Any personal information which we collect from you will only be used for the purposes identified in this Privacy Statement, the Blade Runner Golf Terms of Use with Blade Runner Golf, and as may otherwise be indicated at the time the information is collected. To update, modify or delete any personal information you provide to us with respect to a Service you may access your account with Blade Runner Golf, make the changes on http://www.BladeRunnerGolf.com or blackmagicwedge.com.
Blade Runner Golf will not disclose your personal information to any third party unless:
1) it is necessary in order to provide you with a particular Service you have requested;
2) it is required of Blade Runner Golf in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request);
3) Blade Runner Golf determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Blade Runner Golf, its subsidiaries, affiliates, co-brand partners or other parties under contract with Blade Runner Golf, our users, or others; or
4) you have provided such data through a partner's private-level shopping web site hosted by Blade Runner Golf, in which case Blade Runner Golf may provide your personal data to that partner (Blade Runner Golf is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites). In addition, Blade Runner Golf may transmit information to a merchant, such as an invoice number, which may permit the merchant to deduce the identity of a user/reviewer in the event that a merchant disputes a user review on the grounds that a transaction never took place between the user and the merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, Blade Runner Golf may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors’ statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the
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The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use. In conjunction with our in-house advertising, we use third-party advertising companies to place customized advertisements on the pages you view on the Site. Our third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to the Site. These companies may use non-personal information collected by the cookies about your visits to the Site and other web sites in order to provide you with advertisements about goods and services of interest to you.
The Site contains links to web sites of third parties. Blade Runner Golf is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Blade Runner Golf adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Blade Runner Golf uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1x1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
Copyrights and Trademarks
All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by Blade Runner Golf and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Blade Runner Golf has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Blade Runner Golf, Blade Runner Golf.com, blackmagicwedge.com, are registered trademarks of Blade Runner Golf, and the Blade Runner Golf.com logo and blackmagicwedge.com are trademarks of Blade Runner Golf. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Blade Runner Golf trademarks, are protected by
Copyright © 2007 Blade Runner Golf.com Inc. All rights reserved.
Magic ® is a Registered Trademark of Blade Runner Golf, Inc.