ForeOrder
1. AGREEMENT
By accessing or using the Application, you expressly agree to be bound by the terms of this Agreement, as well as the term of our privacy policy (the "Privacy Policy"), which are incorporated herein by reference. If you do not agree to be bound by the terms of this Agreement, please do not use or access the Application. We may change the terms of this Agreement at our discretion at any time without notice to you and encourage you to review this Agreement regularly for updates. You agree that you will be deemed to have notice of any changes once we post them on the Application and that your continued use of the Application following such posting will be deemed an acceptance of all changes.2. ACCOUNT
In order to use and access the Application, you will be required to create an account and may be prompted to provide us with certain information, including, without limitation, your name, address, e-mail address, telephone number, user-generated user name and password, birth date and gender. We may also request your permission to access the contact lists and social connections stored on your mobile device. All information which you provide to us must be true, complete and accurate, and you must immediately notify us of any changes to such information. You must not use a user name or password which is, in our opinion, vulgar, offensive, defamatory, obscene, hateful or otherwise objectionable. We reserve the right to refuse, or to force forfeiture of, any user name for any reason whatsoever. You are responsible for all activity that occurs on or through your account and agree not to sell, transfer, licence or assign your account, user name, followers, or any account rights. You agree that you will not solicit, collect or use the login credentials of any other user and that you will not create an account for anyone other than yourself. You must keep your password confidential and secure and must notify us immediately of any unauthorized use of, or interference with, your account. You agree not to create an account through any automated system, including with out limitation, "spiders”, "robots" or similar technological devices or programs.3. USE OF APPLICATION
(1) Your use of the Application is subject to the following conditions: a) you must be at least 13 years old; b) if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed, on behalf, to the terms of this Agreement; c) your use of the Application must be solely for personal, non-commercial use; d) you must use the Application only in accordance with the terms of this Agreement; e) you must not use the Application for any illegal or unauthorized purpose and you must comply with all laws, rules and regulations (federal, state, provincial and local) which may apply to your use of the Application from time to time, including without limitation, trademark and copyright laws; f) you must not use the Application to gain unauthorized access to any data, network or system; g) you must not submit false complaints or reports through the Application; h) you must not create or send unwanted email, comments, or other forms of commercial or harassing communications know as "spam" to any other users; i) you must no upload or otherwise transmit through the Application any file, software, data or link which contains a virus, worm, Trojan Horse, spyware, malware or any other code of a disruptive nature; j) you must not copy, alter, merge, adapt, supplement, translate, decompile, reverse- engineer, reverse-assemble, disassemble, or otherwise reduce the Application into human perceivable form; k) you must not circumvent or disable any access control technology, security device, procedure, protocol or protection mechanism that we include in or as part of the Application; and l) you must no restrict, or attempt to restrict, any other user from using the Application and you must not encourage or facilitate a violation of the terms of this Agreement by any third party. (2) Your use of the Application, including the uploading, posting or sharing of data or other content on or through the Application, may be subject to the export and import laws of Canada and other countries. By accessing and using the Application, you are representing and warranting to Forefront Golf Inc. that you are not located in, are not under the control of, and are not a nation or resident of any country in which the export of software provided to you in connection with the Application is prohibited by applicable laws. You hereby agree to comply with the export laws and regulations of Canada, as well as any local laws in your jurisdiction which might impact your right to use the Application. You represent and warrant, further that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government list of prohibited or restricted persons. (3) We reserve the right to modify the Application and to terminate your access to the Application for any reason, at any time, without notice or liability to you. You may deactivate your account at any time by contacting us. In the event of account termination or deactivation, your User Content (defined below) will no longer be accessible through your account, but may remain available on or through the Application, for example, if another user has linked your User Content to his or her account of if you have submitted User Content in response to one of our contest or promotions (if applicable). (4) We reserve the right to refuse any user access to the Application for any reason at any time. (5) You agree that you are solely responsible for all data charges incurred in connection with your use of the Application.4. USER CONTENT
(1) The Application may allow users to edit, upload, post and share data, text, files, information, graphics, photos, images, feedback, comments, messages, links and similar materials (collectively, the "User Content”). You are solely responsible for all User Content which you make available on or through the Application, whether such content is publicly posted or privately transmitted. You expressly agree not to edit, upload, post, share, email or otherwise transmit or make available through the Application User Content which: (a) Is unlawful, abusive, obscene, pornographic, vulgar, profane, harmful, harassing, tortious, libelous, defamatory or otherwise objectionable; (b) contains nude, sexually explicit or violent photos, graphics or images; (c) has the effect, whether intentional or not, of defaming, stalking, bullying, abusing, threatening or intimidating any other person; (d) infringes or violates any patent, copyright, trademark or other intellectual property right (whether or not registered) of any other person. (e) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech. (f) You are contractually prohibited from editing, uploading, posting, sharing, emailing, or otherwise transmitting or making available (such as confidential information received in the course of employment or pursuant to a non-disclosure agreement); (g) Violates or encourages others to violate applicable laws, statutes, rules, regulations, ordinances or orders; (h) Provides the last name, address, telephone number or email address of any other person; (i) Solicits personal information from an person under 18 years of age, or harms minors in anyway; or (j) Otherwise violates the terms of this Agreement (2) You acknowledge and agree that any User Content which you make available on or through the Application, with the exception of Personal Information (defined below), which you provide to use upon creating a user account, will be treated as non-confidential and will be available to and accessible by us, our users and our service providers. (3) If the User Content includes photographic images, you represent and warrant to ForeFront Golf Inc. that you have advised each person appearing in your User Content that you intend on making the User Content available through the Application and have obtained his, her or their consent to same. (4) You acknowledge and agree that we have no obligation to review, accept, display or maintain any User Content made available on or through the Application. We reserve the rights, but shall not have any obligation, to remove, edit, block and/or monitor User Content or any account containing User Content, which we determine, in our sole discretion, violates the terms of this Agreement. You acknowledge that you do not rely on us to monitor or edit the Application and hereby waive any objections which you may have with respect to viewing the User Content. (5) We do not claim ownership in any User Content which you edit, upload, post, share, email or otherwise transmit or make available on or through the Application. Instead you grant to us a non-exclusive, worldwide, perpetual, transferable, sub-licensable, royalty- free licence to use, copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat all or any portion of your User Content for the purpose of making the Application available to users, providing services in relation to the Application and promoting the Application. You represent and warrant that: (i) you either own your User Content or have obtained written permission from the copyright owner to make the User Content available on or through the Application; (ii) you have the right to grant the licence describe herein; (iii) the reproduction, display, distribution, use and other exploitation of your User Content by us, our service providers and our users, as permitted by the above licence, does not infringe or violate the rights of any third party or any applicable law; and (iv) you have the legal authority and capacity to enter into this Agreement in your jurisdictions. To the extent permitted by applicable laws, you hereby waive any moral rights you have in the User Consent. (6) If you download or print User Content (other than your User Content) for personal or other non-infringing use, you must retain all copyright and other proprietary notices appearing on such content. You agree not to disable, disrupt or otherwise interfere with any security-related feature of the Application which prevents or restricts the use, copying, reproduction or manipulation of the User Content. (7) We have no obligation to monitor or enforce any intellectual property rights or interest which may exist in the User Content. Unless explicitly stated in writing, we do not endorse content submitted by any user and make no representations or warranties regarding such content. You acknowledge and agree that you will evaluate and bear the risk associated with your use of any User Content. In the event that you suffer a loss as a result of any User Content, you acknowledge and agree that your sole recourse shall be to pursue the person who originally made such content available on or through the Application. (8) We respect the intellectual property rights of all of our users. If you are the owner of copyright in content which has been made available on or through the Application and legitimately believe that your copyrights have been infringed, you may send us a written communication outlining the basis of the alleged infringement. Your written communication must: (i) clearly identify the allegedly infringing copyrighted work(s), as well as the copyrighted work(s) alleged to have been infringed; (ii) a statement certifying that you did not authorize the allegedly infringing activity; (iii) your current contact information (for the sole purpose of allowing us to respond to your communication); and (iv) a statement certifying that all information contained your communication is truthful and accurate. Upon receiving such communication we may, in our sole discretion, investigate the matter and take such action as we deem appropriate. You acknowledge that we have no obligation, by virtue of this Agreement or otherwise, to remove any User Content from the Application, except in accordance with applicable laws or a court order. (9) We may collect certain personal information about you through the Application, such as your name, address, e-mail address, telephone number, user-generated user name and password, birth date, gender, contact lists, social connections, photographic images, personal preferences and similar information (the "Personal Information”). We may use your Personal Information: to facilitate communications with you, manage your account, monitor your compliance with the terms of this Agreement, respond to your questions/comments and investigate any alleged intellectual property infringement which you bring to our attention; (b) to customize the advertising and other content presented to you on or through the Application; and (c) as otherwise described in our Privacy Policy, a copy of which is available through the Application's "Settings" option, which we encourage you to review. We will not sell your Personal Information to third parties and will not disclose your Personal Information except as required by law or stated within our Privacy Policy. By accepting the terms of this Agreement, you consent to Forefront Golf Inc. collecting, using and disclosing your Personal Information as described herein and as further described in our Privacy Policy.5. FOREFRONT GOLF INC. CONTENT
(1) We grant you a personal, limited, non-exclusive, revocable, non-sub licensable, non- transferable licence to download, install and use the Application solely in accordance with the terms of this Agreement. You may not download, install or use the Application for any purpose not expressly permitted by this Agreement without our prior written consent. (2) You acknowledge and agree that we own the Application and all text, templates, images, graphics, designs, icons, page headers, scripts, software, applications, data and content (excluding User Content) associated with the Application, including the graphical design, user interface and look and feel of the Application (the "Forefront Golf Inc. Content”), all of which are protected by Canadian intellectual property laws, foreign laws and international conventions. We retain all right, title and interest in and to the Forefront Golf Inc. Content at all times, regardless of the form or media in which the original Application and subsequent versions of the Application may exist. All content other than the Forefront Golf Inc. Content and Third Party Content (defined below) accessed through the Application is the property of the user who uploaded such content and may be protected by applicable intellectual property laws. You acknowledge that this Agreement does not grant you any ownership rights in the Forefront Golf Inc. Content, the Third Party Content or the User Content of other users. Any rights not expressly granted by Forefront Golf Inc. herein are reserved. (3) We reserve the rights to alter, change and/ore modify the Application and the Forefront Golf Inc. Content at any time, in our sole discretion, without notice or liability to you. (4) In the event that you submit to us an idea, suggestion or recommendation in relation to the Application or any component thereof (each, a "User Recommendation”), you agree that such User Recommendation shall constitute the sole property of Forefront Golf Inc. and that we shall be entitled to use and exploit such User Recommendation for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or the creator of the User Recommendation, as applicable. (5) The trademarks, trade names, logos and slogans displayed on or through the Application (collectively, the "Marks”) are the property of the Forefront Golf Inc. Content and may not be copied, imitated or used, in whole or in part, for any reason whatsoever without our prior written consent.6. THIRD PARY CONTENT
1. 1.The Application may contain links to third party websites, applications, products and/or features (collectively, the "Third Party Content”). You acknowledge that Forefront Golf Inc. does not own or control the Third Party Content. Links to Third Party Content are provided as a matter of convenience only and shall not be deemed to constitute an endorsement of, or affiliation with, such Third Party Consent. You acknowledge and agree that Forefront Golf Inc. shall have no liability whatsoever with respect to the Third Party Content and that your use of the Third Party Content and/ or communication with the provider of such Third Party Content shall be a matter solely between you and the relevant third party. By using the Application, you expressly release Forefront Golf Inc., its affiliates and their respective directors, officers, shareholders, employees and agents from any and all liability arising from your access to, or use of, the Third Party Content. 2. The Application may be supported by revenue derived from third party advertisements and/or promotions. You agree that we may place such advertisements and promotions anywhere on the Application, including on or in conjunction with your User Content. We maintain complete discretion with respect to the manner, mode, extent and presentation of such advertisements and promotions, all of which may be subject to change without notice to you. You acknowledge that we have no obligation to identify paid services, sponsored content or commercial communications as such.7. VIRTUAL ITEMS
1. Within the Application, you may have the opportunity to purchase, with legal tender, a licence to use certain virtual items, including virtual currency and virtual goods (the "Virtual Items”). When you purchase Virtual Items, your transaction is processed through the Apple App Store and is subject to Apple's Terms and Conditions. Your order represents an offer to purchase from us a licence for the relevant Virtual Item, which will be accepted by us when the Virtual Items(s) appear in your account. By submitting an order for one or more Virtual Item(s), you accept that we will provide the Virtual Item(s) to you promptly following completion of your purchase. You agree that we will provide the Virtual Item(s) to you promptly following completion of your purchase. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You acknowledge and agree that we may alter the price of any Virtual Item at any time, in our sole discretion. All sales of Virtual Items are final and non- refundable. 2. You have no ownership interest in any Virtual Item. Upon acceptance of your order for a Virtual Item, we will grant you a personal, limited, non-exclusive, revocable, non- sublicensable, non-transferable licence to use the Virtual Item solely within the Application. We prohibit and refuse to recognize any transfer, or purported transfer, of any Virtual Good which takes place outside of the Application. You may not sell or attempt to sell, purchase or attempt to purchase, trade, sub-licence or misappropriate Virtual Items for legal tender outside of the Application. Any such transfer, or purported transfer, is void and will entitle us to terminate your account immediately. 3. In the event of termination of this Agreement, deactivation or termination of your account, or discontinuance of the Application, all Virtual Items then in your account will be immediately and unconditionally forfeited without any compensation of any kind. You acknowledge that Virtual Items have no value outside the Application and that you are not entitled to bring any claim against us or our affiliates as a result of the loss of any Virtual Item. To the maximum extent permitted by applicable law, we disclaim liability arising from, or relating to, any Virtual Item. 4. We reserve the right to govern, control, manage, regulate, modify, delete and/or terminate Virtual Items as we see fit, in our sole discretion.8. TERMINATION
1. 1.Either party may terminate this Agreement at anytime and for any reason. Termination of this Agreement will result in immediate termination of the licence granted hereunder and a forfeiture of any Virtual Items which you have earned, purchased or otherwise obtained through the Application, without refund, credit or compensation of any kind. Upon termination of this Agreement, without refund, credit or compensation of any kind. Upon termination of this Agreement, you must destroy and remove from all computers, hard drives and other devices all copies of the Application and must immediately cease using the Application or any component thereof.9. LIMITATION OF LIABILITY
1) You acknowledge and agree that your use of the Application may not be error- free, complete or accurate at all times. You also acknowledge and agree that the Application may be unavailable from time to time as a result of scheduled maintenance, upgrades, hardware/software malfunctions, system failure, repairs, power outages, hackers and/or unanticipated service demands. Forefront Golf Inc. is not a backup or storage service and will not be liable in the event that any of you User Content is lost, damaged or destroyed, or becomes inaccessible through the Application. You understand that the Internet may be subject to breaches of security and that your submission of User Content may not be secure. You also understand that the Company does not warrant that your use of the Application is lawful in any particular jurisdiction. 2) YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT ANY WARRANTY OR CONDITION REGARDING DESIGN, MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY OR SERVICE, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY AND WAIVED BY YOU. 3) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOREFRONT GOLF INC., ITS AFFILIATES OR THEIR EMPLOYEES AND/OR OFFICERS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR TO ANY THRID PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE APPLICATION, YOUR USE OR INABILITY TO USE THE APPLICATION, FOREFRONT GOLF INC. CONTENT, THE USER CONTENT OR THE THIRD PARTY CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER Forefront Golf Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE ARISING FROM, OR RELATING TO, THE APPLICATION IS TO STOP USING THE APPLICATION AND TO DEACTIVATE YOUR ACCOUNT. 4) You agree to defend, indemnify and hold Forefront Golf Inc. its affiliates and their respective directors, officers, shareholders, employees, and agents harmless from and against all claims and expenses (including legal fees on a substantial indemnity basis) arising out of; (i) your use of the Application; (ii) you User Data; (iii) your breach, or alleged breach of the terms of this Agreement; (iv) your breach or alleged breach, of the rights of any third party, including intellectual property, publicity, confidentiality or privacy rights; and (v) any misrepresentation made to us by you. You acknowledge and agree that the indemnification obligations described herein shall survive termination of this Agreement and the deactivation of your account. You agree to cooperate fully in the defence of any claim based on the foregoing. Forefront Golf Inc. reserves the right to assume the exclusive defence and control of any claim which is subject to indemnification from you, and you agree not to settle any claim without Forefront Golf Inc.’s prior written consent. 3. 5) You agree that in the event that you suffer damages as a result of Forefront Golf Inc.’s acts or omissions, such damages, if any, will not entitle you to an injunction preventing Forefront Golf Inc.’s exploitation of the Application, and you will have no right to enjoin the Company from continuing to develop, distribute and exploit the Application. 10. MISCELLANEOUS 1) Acknowledgement; You acknowledge that you have reviewed and understand the terms of this Agreement, including the waiver of rights described in Sections 9(2) and 9(3) hereof. 2) Entire Agreement and Additional Terms: This Agreement including the Privacy Policy incorporated herein by reference constitutes the entire agreement between Forefront Golf Inc. and you regarding your use of the Application and supersedes all prior agreements and understandings relating to the subject matter hereof, provided, however, that this Agreement shall include any additional terms, conditions, provisions, notices and/or policies which we post on or through the Application from time to time. 3) Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties hereby consent to the exclusive jurisdiction of the courts of Ontario and agree that any claim or dispute relating to this Agreement or the Application shall be brought and maintained din the City of London, Ontario. 4) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provisions will be enforced to the maximum extent permitted and the remaining provisions of this Agreement will remain in full force and effect. 5) Assignment. This Agreement any the rights and licence granted hereunder may not be assigned, sub-licenced or otherwise transferred, in whole or in part, by you. We may assign, sub-licence or otherwise transfer this Agreement and/or our rights or obligations hereunder without restriction of any kind. 6) Waiver. Our failure to exercise, or delay in exercising, any right under this Agreement shall not constitute a waiver of such rights. 7) Language. This Agreement has been drawn up in English at the express wish of the parties. Le present contrat a ete redige en anglais a la demande expresse des parties. 8) Communication. Any questions, comments or concerns regards this Agreement or any component of the Application should be addressed to Forefront Golf Inc. at the following address: 775 Waterloo Street London Ontario Canada N6A 6H8 Email- Admin@foreorder.com You hereby authorize us to communicate with you using the contact information which you provided in connection with your user account, as may be modified from time to time. 9) Acceptance. By using the Application, you are signifying your review and acceptance of the terms of this Agreement and of our Privacy Policy.