Terms & Conditions
Welcome to almoujgolf.com (the "Site"). The Site is operated by
Almouj Golf, The Wave, Muscat and their affiliates (referred to
herein as "we", "us", or "our"). PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this
site, you signify your agreement to these Terms of Use. If you do
not agree to these terms of use please do not use the site. We
reserve the right, at our discretion, to change, modify, add, or
remove portions of these terms at any time. Please check these
terms periodically for changes. Your continued use of this site
following the posting of changes to these terms will mean you
accept those changes.
Restrictions on use of materials
All materials contained in this site are the copyrighted
property of Almouj Golf, or their subsidiaries or affiliated
companies and/or third party licensors. All trademarks, service
marks, and trade names are proprietary to Almouj Golf or their
affiliates. No material from this site or any Internet site owned,
operated, licensed, or controlled by us or our affiliates may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of
the materials on any single computer for your personal,
non-commercial home use only, provided that (1) you keep intact all
copyright and other proprietary notices, (2) you make no
modifications to the materials, (3) you do not use the materials in
a manner that suggests an association with any of our products,
services, or brands, and (4) you do not download quantities of
materials to a database that can be used to avoid future downloads
from the Site. For purposes of these terms, the use of any such
material on any other Website or computer environment is
prohibited. All trademarks, service marks, trade names and
trade dress are proprietary to us.
In the event you download software from the Site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed to you by us or third party licensors for
your personal, non-commercial home use only. We do not transfer
title to the Software to you. You own the medium on which the
Software is recorded, but we (or third party licensors) retain full
and complete title to the Software, and all intellectual property
rights therein. You may not redistribute, sell, de-compile, reverse
engineer, disassemble, or otherwise reduce the Software to a
human-readable form.
Submissions
We are pleased to hear from our users and welcome your comments
regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or
consider creative ideas, suggestions, or materials other than those
we have specifically requested. We hope you will understand that it
is the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional staff
might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send us any
unsolicited original creative materials such as stories or ideas,
screenplays, or original artwork. While we do value your feedback
on our services and products, we request that you be specific in
your comments on those services and products, and not submit any
creative ideas, suggestions, or materials.
If, at our request, you send certain specific submissions (e.g.,
postings to chat, forums, or contests) or, despite our request that
you not send us any other creative materials, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be deemed,
and shall remain, our property. None of the Submissions shall be
subject to any obligation of confidence on our part and we shall
not be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, we shall exclusively own all now known
or hereafter existing rights to the Submissions of every kind and
nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
Forums and public communication
"Forum" means a chat area, message board, or e-mail function
offered as part of this site. If you participate in any Forum
within the Site, you must not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive
statements;
- advocate illegal activity or discuss illegal activities with
the intent to commit them;
- post or distribute any material that infringes and/or violates
any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or
indecent language or images;
- advertise or sell to, or solicit others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which
contain a virus or other harmful component; or
- post material or make statements that do not generally pertain
to the designated topic or theme of any chat room or bulletin
board.
It is our policy to respect the privacy of all customers.
Therefore, in addition to the privacy of Registration data (see our
Privacy Policy), we will not monitor, edit, or disclose the
contents of a customer's e-mail unless (a) you authorise us to do
so, (b) we must do so in order to resolve technical problems on our
site; or (c) unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or
comply with legal process served on us; (2) protect and defend our
rights or property; or (3) act in an emergency to protect the
safety of our customers or the public. Customers shall remain
solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at
any time and for any reason.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
materials expressly granted) us a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display,
create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now
known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials have
been waived.
Never assume that people are who the say they are, know what
they say they know, or are affiliated with whom they say they are
affiliated with in any chat room, message board, or other user
generated content area. Information obtained in a Forum may not be
reliable, and it's not a good idea to trade or make any investment
decisions based solely or largely on information you can't confirm.
We cannot be responsible for the content or accuracy of any
information, and shall not be responsible for any trading or
investment decisions made based on such information.
Content Linked to site
Please exercise discretion while browsing the Internet using
this site. You should be aware that when you are on the Site, you
could be directed to other sites that are beyond our control. There
are links to other sites from the Site's pages that take you
outside our service. For example, if you "click" on a banner
advertisement or a search result, the "click" takes you off the
Site. This includes links from advertisers, sponsors and partners
that may use our logo(s) as part of a co-branding agreement. These
other sites may send their own cookies to users, collect data,
solicit personal information, or contain information that you may
find inappropriate or offensive. In addition, advertisers on the
Sites may send cookies to users that we do not control.
Almouj Golf does not condone the practice "deep-linking" (i.e.,
the practice of bypassing the homepage of a site, without the site
owner's consent, in order to link directly to text displayed "deep"
within the site). We reserve the right to disable any deep links
from other sites into the Sites.
We make no representations concerning any effort to review the
content of sites listed in any of our directories. Consequently, we
cannot be held responsible for the accuracy, copyright compliance,
legality or decency of material contained in sites listed in our
search results or otherwise linked to the Site.
Please keep in mind that whenever you give out personal
information online --- for example, via message boards or chat ---
that information can be collected and used by people you don't
know. While Almouj Golf strives to protect your personal
information and privacy, we cannot guarantee the security of any
information you disclose online and you do so at your own risk.
DISCLAIMERTHE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to
or from the Site. We cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site
that links to or from the Site or third party content on our sites.
We do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do
not make any representations or warranties as to the security of
any information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party, and you hereby irrevocably waive any claim against us
with respect to such sites and third party content. We strongly
encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline
transaction with any of these third parties.
Indemnification
You are entirely responsible for maintaining the confidentiality
of your password and membership account and for all activities that
occur under your account. You hereby indemnify, defend and hold us
and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensers and licensees
(collectively, the "Indemnified Parties") harmless from and against
any and all liability and costs (including reasonable attorney's
fees) incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of this Agreement or claims
arising from your account. You shall use your best efforts to
cooperate with us in the defense of any claim. We reserve the
right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR
FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Jurisdictional issues
The Site is controlled and operated by Almouj Golf, The Wave,
Muscat. We make no representation that materials on the Site are
appropriate or available for use in any particular location. Those
who choose to access the Site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent
local laws are applicable. Software from this site is further
subject to United States export controls. No software from this
site may be downloaded or otherwise exported or reexported (1) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed
goods; or (2) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any
such list.
Termination
These Terms are effective until terminated by either party. You
may terminate these terms at any time by discontinuing use of the
Site and destroying all materials obtained from the Sites and all
related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise. These
terms will terminate immediately without notice from us if in our
sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must cease use of Almouj Golf
and destroy all materials obtained from the Site and all copies
thereof, whether made under the terms of these terms or
otherwise.