Thai Golf Network Co., Ltd. (TGN) operates http://www.thaigolfnetwork.com. TGN provides Golf Internet Booking services, as they may exist from time to time the Services), to: (1) individuals who establish TGN Member account with TGN; (2) individuals who establish a “Public User” account for reservation and booking tee-time and (3) individuals who access the Services but do not have accounts, “Visitor”.

All Users agree to by bound by the terms of this Terms of Use Policy, and our other policies. If you do not wish to be bound by the terms and conditions of this Terms of Use Policy, you may not use any of our Services. TGN, in its sole discretion, reserves the right to remove any materials that: (i) may be illegal; (ii) may subject TGN to liability; or (iii) violate this Terms of Use Policy (iv) may be offensive or inappropriate. TGN also reserves the right to cooperate with legal authorities and/or third parties with respect to the investigation of any suspected or alleged criminal or civil violation. Any violation of this Terms of Use may result in the suspension of termination of your use of the Services and/or your TGN Account.

1. DESCRIPTION OF SERVICE

2. REGISTRATION OBLIGATIONS

3. TGN PRIVACY POLICY

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

5. PROPRIETARY RIGHTS

6. TEE TIME TRANSACTIONS AND CREDIT CARD PAYMENT

7. USER CONDUCT

8. INTERSTATE NATURE OF COMMUNICATIONS ON TGN

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

10. NO RESALE OF SERVICE

11. GENERAL PRACTICES REGARDING USE AND STORAGE

12. MODIFICATIONS TO SERVICE

13. DEALINGS WITH ADVERTISERS

14. LINKS

15. NO THIRD-PARTY BENEFICIARIES

16. TRADEMARK INFORMATION

17. VIOLATIONS

18. REGISTERED USERS' ACCOUNT RESPONSIBILITES AND FEES

19. TERMINATION OF SERVICE

20. KNOWN VIOLATIONS

21. DISCLAIMERS AND LIMITATION OF LIABILITY

22. INDEMNIFICATION

23. MODIFICATIONS

24. NOTICES

25. OTHER PROVISIONS

 

1. DESCRIPTION OF SERVICE

TGN provides users with a rich collection of resources, including various web application tools such as Golf Internet Booking Engine, golf consulting, social network service, advertising, search services etc. through its network of properties which may be accessed through any various medium or device now known or hereafter the Service. Users understand and agree that the Service may include advertisements and that these advertisements are necessary for TGN to provide the Service. Users also understand and agree that the Service may include certain communications from TGN, such as service announcements, administrative messages, TGN Tee Time Alerts, Golf Specials and other TGN email newsletters, and that these communications are considered part of TGN activities. Users also understand and agree that the Service is provided AS-IS and that TGN assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges).

2. REGISTRATION OBLIGATIONS

In consideration of use of the Service, user represents that he/she is of legal age to form a binding contract and are not a person barred from receiving services under the laws of Thailand or other applicable jurisdiction. User also agrees to: (a) provide true, accurate, current and complete information about him/herself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TGN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TGN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. TGN PRIVACY POLICY

Registration Data and certain other information of users are subject to TGN Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by TGN, its affiliates, and partners.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

User will receive a password and account designation upon completing the Service's registration process. He/She is responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under his/her password or account. User agrees to (a) immediately notify TGN of any unauthorized use of password or account or any other breach of security, and (b) ensure to exit from account at the end of each session. TGN cannot and will not be liable for any loss or damage arising from failure to comply with this Section.

5. PROPRIETARY RIGHTS

Users acknowledge and agree that all contents and materials available through the Services are protected by Thailand copyright laws, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by TGN, Users agree not to sell, license, rent, modify, copy, reproduce, distribute, transmit, publicly display, publicly perform, publish, edit, adapt, or create derivative works from such materials or contents, in whole or in part, in any manner, without the express written permission of TGN. To request permission, please contact TGNsupport.

The systematic retrieval of data or other contents derived from our Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TGN is strictly prohibited. Any use of the content or materials for any purpose not expressly permitted in this Terms of Use Policy is also strictly prohibited.

Service advertisers, Content Providers, Users, independent writers and experts are not authorized TGN spokespersons. Their opinions, views, advice or statements deem personal decisions.

6. TEE TIME TRANSACTIONS AND CREDIT CARD PAYMENT

Please refer to the statement in " Privacy Policy "

7. USER CONDUCT

As a User of this Site, you will be responsible for, and assume all liability associated with, any material you, or anyone using your e-mail account and password, make available to or through the Service, including but not limited to liability for claims of infringement of intellectual property rights and defamation. You shall not post, transmit through, or otherwise make available on the Service: (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (ii) any copyrighted material, without the express prior written consent of the owner thereof; or (iii) without the express prior written consent of TGN, any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose).

Although TGN do not and cannot review every message posted by Users on the Service, TGN shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may, but is not obligated to, refuse to display or remove from the Service any material which TGN, in the exercise of its sole discretion, believes violates this Agreement or any Rules. Material that you author under this Agreement ( User Material ) that you (or anyone using your Account) post, transmit through or otherwise make available on the Service in public posting areas such as discussion groups, chat rooms, etc., shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by TGN (or other Users) for any purpose without your permission. You acknowledge that any User Material you (or anyone using your Account) post, transmit through or otherwise make available on the Service may be edited, removed, modified, published, transmitted and displayed by TGN, and you waive, and agree never to assert, any moral rights you may have in such User Material.

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor, copy web pages or the Content contained in the Service, to refresh or otherwise manipulate the Site to achieve points or other benefits related to use, or for any other unauthorized purpose without our prior, express written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working (including scraping) of the Service and the Site; and (c) take any action that imposes an unreasonable or disproportionately large load on TGN's hardware and software infrastructure.

8. INTERSTATE NATURE OF COMMUNICATIONS ON TGN

When you register with TGN, you acknowledge that in using TGN services to send electronic communications (including but not limited to search queries, sending messages, uploading photos and files to TGN, and other Internet activities), you will be causing communications to be sent through TGN's computer networks, portions of which are located in Thailand, and other locations elsewhere. As a result, and also as a result of TGN's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Thailand or the country in which you reside.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that TGN may establish general practices and limits concerning use of the Service such as reservation period and payment condition, maximum days for personal announcement or uploaded file to stay on web. TGN reserves the right rule as it sees appropriate without prior notice.

12. MODIFICATIONS TO SERVICE

TGN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TGN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TGN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TGN has no control over such sites and resources, you acknowledge and agree that TGN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TGN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.

16. TRADEMARK INFORMATION

The TGN, TGN logo trademarks and service marks and other TGN logos and product and service names are trademarks of TGN. Without TGN's prior permission, you agree not to display or use in any manner the TGN trademarks.

17. VIOLATIONS

- A User may not use the Services to:

- Restrict or inhibit any other User from using and enjoying the Services

- Commit any unlawful and wrong doing as stated in USER CONDUCT that may constitute or encourage a criminal offense, or give rise to civil liability.

- Violate rights of others, common practice, rule and law both local and international communities.

- Post any sexually explicit materials or materials that may be offensive;

- Post or communicate unsolicited advertising or promotional materials to other network users

- Violate the security of any computer network including crack passwords or security encryption codes

- Collect, or attempt to collect, personal information about third parties without their consent

- Resell the Services without TGN authorization.

18. REGISTERED USERS' ACCOUNT RESPONSIBILITES AND FEES

If you register for the Service, you are responsible for ensuring that all use of the Service under your Account (i.e., use of the Service by any person using your username and password) complies with the provisions of this Terms of Use Policy. You are responsible for maintaining the confidentiality of your password.

It is the User's responsibility to enter and maintain a valid contact information such as email address and telephone his/her account profile. TGN is unable to responsible for outdated or invalid contact information or Spam filters put in place on the User end. Responsibility of any consequence from the above is on the users.

19.TERMINATION OF SERVICE

You understand and agree that, without prior notice and in TGN's sole discretion, your access to and use of this Service may be terminated or suspended; and further, that the Service may also exercise any other remedy available and remove any unauthorized user content if TGN believe that your (or anyone using your computer, e-mail or password) use of the service, site, or any user content you provided violates or is inconsistent with this Terms of Use Policy, or violates the rights of TGN, another User or applicable law. Suspension or termination of your authorization to use the Service also terminates your license, if any, to use any Software provided by TGN. You acknowledge and agree that monetary damages may be insufficient to remedy violations of the Terms of Use Policy, and you consent to injunctive or other equitable relief for such violations. Further, you agree that TGN are not required to refund to you any money you may have paid if you are terminated as a User.

20. KNOWN VIOLATIONS

TGN requests that in the event you believe there is a violation of this Terms of Use Policy, that you notify us. If possible, please provide the following information: (i) the date and time of the alleged violation; (ii) evidence of the alleged violation; and (iii) the IP address from which the violation came.

21. DISCLAIMERS AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE OR ANY SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE IS AT YOUR OWN RISK AND IS DONE AT WILL. NEITHER TGN, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL BE ERROR-FREE; NOR DO TGN OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, REGARDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND TGN HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY AND TGN'S SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED (OR ALLEGEDLY CAUSED) BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE YOUR USE AND ACCESS TO THE SERVICE. IN NO EVENT WILL TGN OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.

IF YOU DO NOT AGREE TO THIS TERMS OF USE, PLEASE EXIT THIS SERVICE IMMEDIATELY.

22. INDEMNIFICATION

You agree to indemnify and hold TGN and its licensors, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your, including anyone's using your computer, e-mail account or password, use of the Service; the violation of the Agreement, or infringement, of any intellectual property or other right of any person or entity.

23. MODIFICATIONS

TGN reserve the right at its discretion to modify these Terms of Service to the extent permitted by law, and to notify Users of any such changes by online posting. Your continued use of the Service after such postings will constitute your acceptance of the terms of the modified Terms of Use Policy and your agreement to be bound by the modified terms. If you do not wish to be bound by the modified TOS, you may terminate your Service pursuant to the Termination section above. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content, at any time, without notice or liability.

24. NOTICES

TGN may provide you notice, at its option, by posting a message on the Service, by electronic or conventional mail, or by any other means by which you obtain actual knowledge thereof. Notices to TGN must be provided by electronic or conventional mail. Notices to TGN by electronic mail must be sent to TGNsupport. Notices to TGN by conventional mail must be sent to:

Thai Golf Network Co., Ltd.

299/124 Areeya-Mandarina, Suthisarnvinitchai Road,

Samsennok, Huay Khwang,

Bangkok 10320

Thailand

Any notice you provide to TGN will not change the terms of your Terms of Service, unless a modification is expressly accepted in writing by an authorized officer of TGN.

25. OTHER PROVISIONS

TGN SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of any TGN successor companies or assigns. HEADINGS: The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, whether oral or written, relating to the subject matter. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflicts of law provisions. You agree that any cause of action you may have with regard to the Service must be filed in the courts within one year after the cause of action arises, or else the cause is barred.

TGN reserves the right to revise, amend or modify this Terms of Use Policy at any time.