Terms And Conditions

I. General

This Terms and Conditions of Use (“Terms”) is an agreement between you (“User”) and theminigolf (“Company”, “we”, or “us”). We provide Users with a gaming-related browser extension (as defined below),also providing targeted advertising and marketplace content (collectively, the “Services”), directly and through the website and associated domains of http://www.theminigolf.com(“website”). We’ve tried really hard to keep these Terms as readable and straightforward as possible. If you have suggestions that can help us improve it or any questions about it, please email us and let us know. These Terms explain our obligations to you, and your obligations to us. These Terms, along with our Privacy Policy and EULA,make up the entire agreement between us. By using ourwebsite or Services in any way, you are agreeing to comply with these Terms, along with our Privacy Policy, EULA,and any other legal notices or conditions or guidelines, posted from time to time on the website.

Theminigolf is constantly innovating, in order to provide the best possible experience for Users. Users understand and agree that the form, features or makeup of our website and Services may change from time to time, without prior notice. Theminigolf may also cease or discontinue providing Services at any time in the future, without notice to, or recourse from, Users.

If you do not agree to be bound by these Terms, you may not use our website or the Services provided there.

Users can access these Terms by clicking on the “TERMS AND CONDITIONS OF USE” link that appears on the Theminigolf website Homepage, and by reading it on a computer monitor or other electronic device, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.

I. Our Copyrighted and Trademarked Materials

A. All material and Services available on or through ourwebsite, affiliates, subsidiaries, employees, agents, licensors, advertisers or other commercial partners, including, but not limited to, software, all informational text, documentation, design of, and “look and feel,” layout, photographs, graphics, audio, video, messages, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services or materials to or through us, and are protected by copyright, trademark, trade secret and other intellectual property laws. The Materials may also be protected as a collective work or compilation under U.S. copyright,or other laws and treaties.

B. All Theminigolf trademarks and service marks, logos, slogans and taglines are the property of Theminigolf. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners.

C. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines, displayed on the Theminigolf website, without our expressed written permission, or the expressed written permission of such party that may own the trademark, service mark, logo, slogan or tagline.

D. You may not copy (except as expressly permitted by these Terms), store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or website or otherwise distribute, except to the extent as may be permitted by the licensing terms governing the use of any open source components included with the browser extension.

II. Rights to Use Our Copyrighted and Trademarked Materials

A. Subject to these Terms, Theminigolf hereby grants User a limited, revocable, non-transferable and non-exclusive license to use the Materials, to the extent, and only to the extent, necessary to access and use the Services, in accordance with these Terms.

B. User may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on, or in any manner, commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms, or that may be permitted by the licensing terms governing the use of any open source components included with the browser extension.

C. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. Company reserves all rights not expressly granted in these Terms.

III. What You Are Responsible For

A. User is legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of our Services (“User Content”). We are not responsible for User Content. You agree to waive any moral rights contained therein.

B. You hereby grant Theminigolf a worldwide, royalty-free, non-exclusive license to host and use yourUser Content, in order to provide you with the Services, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are solely responsible for any User Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive and backup your User Content regularly.

IV. Comments and Feedback

Any questions, comments, suggestions, ideas, feedback or other information provided by you to us (“Comments”), are not confidential, and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

V. Monitoring Materials

A. Theminigolf may, but has no obligation to, monitor User Content on our website. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect our customers or us, or operate our website and Services properly.

B. Theminigolf, in its sole discretion, may refuse to post, remove, or require you to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate or in violation of these Terms.

VI. Copyright Complaint Policy

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints.

VII. Rules and Guidelines

A. You agree to all of the following:

a. You hereby certify that you are at least eighteen (18) years of age.

b. You will ensure the email address provided in your communications is valid at all times and will keep your contact information accurate and up-to-date.

c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.

d. You will not use the Services or Materials if you are located in a country embargoed by the United States of America (USA).

e. You will not use the Services or Materials to impersonate another person.

f. You will not imply or state, directly or indirectly, that you are affiliated with Theminigolf, without our express written permission.

g. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any URL published or advertised by you on our website.

h. You may not upload, post, email, transmit or otherwise make available or initiate any User Content that contains software viruses, worms, Trojan Horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Theminigolf User to access our website or Services.

i. You will not access our Services through automated methods. Our Services may only be used or accessed through an electronic device,using manual control at all times.

j. You may not send messages, using our Services,that do not correctly identify the sender, and you may not alter the attribution of origin in electronic mail messages or postings.

k. You will not attempt to or actually access our Services or Materials by any means other than through the interfaces provided by Theminigolf.

l. You will not attempt to, or actually override, any security component included in or underlying our Materials or Services.

m. You will not attempt or engage in any action that directly or indirectly interferes with the proper working, or places an unreasonable load, on Theminigolf’s infrastructure.

n. You will not publish User Content, or links to User Content, that is:

i. Pornographic, sexually explicit, or violent.

ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe on the intellectual property rights of another).

iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.

iv. A breach of another’s privacy.

o. You will not publish User Content that is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third-party websites or boost the search engine rankings of third-party websites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).

p. Theminigolf may determine, in its sole discretion, whether or not a User is in violation of any of these Terms. Violation of any of these Terms may result in User information tracking, with such information being stored to identify the offending User. Offending Users may be permanently restricted from using our Services. If Theminigolf reasonably determines that you are using our website or Services for illegal or fraudulent activity, then your use may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdiction(s).

VIII. Advertising Through Theminigolf

We may offer third parties the opportunity to advertise goods and services through our website and Services. We are merely providing the platform for Users and Advertisers to negotiate and complete transactions. Theminigolf shall have no direct interaction in payment processing activities and we urge all Users to check the individual Advertiser’s (and their payment processor’s) website, for their Terms of Use and Privacy Policy. Their Terms of Use and their Privacy Policy govern payment processor services, as well as other matters related to their website and services. Theminigolf is not responsible for the actionor inaction of third-party Advertisers.

IX. Termination

We may terminate our Services without cause, at any time, in our sole discretion. User shall have no recourse against Theminigolf for any termination of our Services.

X. Errors andUnauthorized Website Access

A. THIRD PARTIES ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN THEIR PRODUCT OR SERVICE DESCRIPTION(S), INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS AND ELECTRONIC PAYMENT PROCESSING. THEDELTAGAMESHALL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. USER FURTHER UNDERSTANDS THAT THEDELTAGAME MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU OR BETWEEN YOU AND A THIRD PARTY, AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP SUCH DATA.

B. Unauthorized access to the Website or use of the Service is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website or Service, or in any way automatically bypass these Terms, except those automated means that we have approved in advance and in writing.

XI. Third-Party Websites; Third-Party Services; No Implied Endorsement

A. Our website or Services may include links to other websites owned by third parties (“third party websites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control.

B. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any third party websites and/or services, whether or not you were linked to, or directed to, a third party website or service through our website or Services.

C. You acknowledge that third party websites and services may be subject to the applicable third party provider’s Terms of Use, and you are solely responsible for reviewing and complying with any such Terms. In no event shall any reference, on our website, to any third party website or service, be construed as an approval or endorsement, by us, of that third party website orservice.

XII. Disclaimer of Warranty

A. OURWEBSITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THEDELTAGAME AND ITS LICENSEES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

B. WITHOUT LIMITING THE FOREGOING, NEITHER THEDELTAGAME NOR ITS LICENSEES WARRANT THAT ACCESS TO OUR WEBSITE, NOT SERVICES OR MATERIALS AVAILABLE ON OR THROUGH OUR WEBSITE, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES THEDELTAGAME OR ITS LICENSEES MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE WEBSITE.

C. USER EXPRESSLY AGREES THAT USE OF OURWEBSITE, AND USER’S RELIANCE UPON OUR SERVICES OR MATERIALS, IS AT YOUR SOLE RISK. IN ADDITION, THEDELTAGAME IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER-GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE.

IN ADDITION, USER ACKNOWLEDGES AND AGREES THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH OUR SERVICES, IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. OUR SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. USER AND SELLER ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

D. THEDELTAGAME AND ITS LICENSEES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES, MATERIALS ORWEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE OURWEBSITE, SERVICES OR MATERIALS OUTSIDE THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

E. NEITHER THEDELTAGAME NOR ANY THIRD-PARTY ADVERTISERS, WARRANT THAT OURWEBSITE,ITS SERVERS, MATERIALS OR SERVICES OR ANY E-MAIL SENT FROM OUR WEBSITE OR BY ANY THIRD-PARTY ADVERTISER, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

F. THESE TERMS APPLY SOLELY TO OUR WEBSITE. THIRD-PARTY WEBSITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF THEDELTAGAME. THEDELTAGAME IS NOT RESPONSIBLE FOR THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS, THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD-PARTY WEBSITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD-PARTY WEBSITE. THE USE OF THEDELTAGAME SERVICES BY ANY THIRD-PARTY DOES NOT IMPLY AN ENDORSEMENTBY US.

XIII. Limitation of Liability

A. THEDELTAGAME IS NOT LIABLE TO USER OR ANY OTHER PERSON, FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR ELECTRONIC DEVICE), ARISING FROM OR IN CONNECTION WITH THE USE OF OURWEBSITE, SERVICES, MATERIALS, USER CONTENT, SOFTWARE OR ANY THIRD-PARTY-GENERATED CONTENT AVAILABLE ON OR THROUGH OURWEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF THEDELTAGAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. USER HEREBY RELEASESTHEDELTAGAME, AND HOLDSTHEDELTAGAME AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSEES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES, MATERIALS, WEBSITE, USER CONTENT, SOFTWARE PRODUCTS OR ANY THIRD-PARTY-GENERATED CONTENT, AVAILABLE ON OR THROUGH OUR WEBSITE.

C. USER HEREBY WAIVES THE PROVISIONS OF ANY APPLICABLE LAW LIMITING OR PROHIBITING A GENERAL RELEASE BY YOU.

XIV. Exclusive Remedy

A. IN THE EVENT OF ANY PROBLEM WITH OURWEBSITE, SERVICES OR MATERIALS, USER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING OURWEBSITE, SERVICES AND MATERIALS.

B. UNDER NO CIRCUMSTANCES SHALL THEDELTAGAME, ITS AFFILIATES OR LICENSEES, BE LIABLE, IN ANY WAY, FOR USER’S USE OF OURWEBSITE, SERVICES, MATERIALS, USER CONTENT, RETAIL PRODUCTS OR THIRD-PARTY CONTENT, AVAILABLE ON OR THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD-PARTIES OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF OURWEBSITE, SERVICES, MATERIALS, USER CONTENT, RETAIL PRODUCTS OR ANY THIRD-PARTY-GENERATED CONTENT AVAILABLE ON OR THROUGH OURWEBSITE.

XV. Termination/Exclusion

A, We may modify, replace, refuse access to, suspend or discontinue ourwebsite or Services, partially or entirely, or add, change or modify access for all or part of ourwebsite or Services, for you or for all our Users, at any time and in our sole discretion. All of these changes shall be effective upon their posting on our website or by direct communication to you, unless otherwise noted.

B. We further reserve the right to withhold, remove and/or discard any User Content provided by you, with or without notice, if deemed by us to be contrary to these Terms or general company policy.

C. For avoidance of doubt, Theminigolf has no obligation to store, maintain or provide User with a copy of any User Content that you or other Users provide to us.

XVI. Indemnification

A. User agrees to indemnify, hold harmless, and defend Theminigolf and its licensees, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”), from and against any and all liability, loss, claim, damages, expense, or costs (including, but not limited to, attorneys’ fees or court costs), incurred by or made against the Indemnified Parties, in connection with any claim arising from or related to

1. User’s use of our website, Services or Materials;

2. User Content; or

3. Advertising offers on or through our website or through using our Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your computer or electronic device or impersonating you.

B. User agrees to fully cooperate, at your own expense and as reasonably required, by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified, hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

XVII. Amendments

A. Theminigolf reserves the right, in our sole discretion, to modify or replace any part of these Terms, at any time, effective upon the date of the modification. In the event of any such change, we will post a notice on our website.

B. User’s continued use of our website, Services or Materials, following the posting of any changes to these Terms, constitutesacceptance of those changes.

C. Theminigolf may, in the future, offer new Services through our website. For the avoidance of doubt, such new Services shall be subject to theseTerms as if they were written together.

XVIII. Disputes

A. The formation, interpretation and performance of these Terms, and any disputes arising out of it, shall be governed by laws of BVI, without regard to rules on conflicts or choice of law.

B. The exclusive jurisdiction and venue for actions related to the subject matter, hereof, shall be the Courts located in BVI, and User hereby submits to the personal jurisdiction of such courts.

C. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

XIX. Privacy

A. We encourage Users to read our Privacy Policy, and to use the information it contains to help make informed decisions.

B. User acknowledges, consents and agrees that Theminigolf may access, preserve and disclosepersonal information and any other information User provides, if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary, in our opinion. Disclosures of User information to third parties are further addressed in our Privacy Policy, located elsewhere on our website.

XX. Miscellaneous

A. User acknowledges that a violation or breach of any of these Terms will cause such damage to Theminigolf as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law.

B. Accordingly, User agrees that Theminigolf shall be entitled, as a matter of right, to an injunction issued by any court of competent jurisdiction, restraining such violation, breach or attempted violation or breach of these terms and conditions by User or itsagent, as well as to recover from User any and all costs and expenses sustained or incurred by Theminigolf in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. User agrees that no bond or other security shall be required in connection with such injunction request.

C. In no event shall User be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of Theminigolf, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of our website or any content used or displayed through our website.

D. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

E. If we fail to enforce any of these Terms, it will not be considered a waiver.

F. Any amendment to or waiver of these Terms must be made in writing and signed by us.

G. User may not transfer any rights or obligations under these Terms to anyone else, without our prior written consent.

H. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

I. These Terms do not confer any third-party beneficiary rights.

J. A printed version of these Terms and of any related notice, given in electronic form, shall be admissible in judicial or administrative proceedings, based upon or relating to theseTerms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XXI. Unsolicited Idea Submission Policy

THEDELTAGAME DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THEDELTAGAME SERVICES OR MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO THEDELTAGAME OR ANYONE AT THEDELTAGAME. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT THEDELTAGAME MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

XXII. Third Party Software
A. Open source software is important to Theminigolf. Our Services incorporate certain open source third-party software and code, which are licensed and subject to the license provisions of such providers. These licenses permit you to run, copy, modify, and/or redistribute the open-source components, subject to certain restrictions described in the terms of these licenses. You should review such terms. These Terms do not limit User rights under, or grant User rights that supersede, the license terms of any particular open source component of our Services. The extent that any of the terms set out herein conflict with any terms contained in the third party open source license, the conflicting terms will not apply to the third party open source code.

B. Company grants you a non-exclusive license to use its executable code version subject to these Terms. These Terms will also govern any upgrades provided by Company that replace and/or supplement the original product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

Please review the license agreements linked below for the open source third party software, currently in use with Company’s Services:
MIT License http://www.opensource.org/licenses/mit-license.php

C. To be clear, nothing in these Terms will be construed to limit any rights granted under the third party open source license mentioned above. Subject to the foregoing, Theminigolf, for itself, and on behalf of its licensors, hereby reserves all intellectual property rights in our Services, except for the rights expressly granted in these Terms. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on our Services.

D. The open source license does not grant you any right to use the trademarks, service marks or logos of Theminigolf or its licensors. You acknowledge and agree that the Services, including, without limitation,our Services’ sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Theminigolf and is considered our confidential information.

E. Our Services are licensed and not sold to you, and no title or ownership to such Services, or the intellectual property rights embodied therein, passes as a result of this license or these Terms.

F. Copyright (c) 2014 Jake Gordon and contributors

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the “Software”), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.

XXIII. Limitations

User agrees to file any claim regarding any aspect of our website, Services, Materials or these Terms, within thirty- (30) days of the time in which the events giving rise to such alleged claim began, or User waives such claim(s). User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction.

XXIV. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

XXV. Contact Information

Please contact Theminigolf Customer Service by sending an email to Support@Theminigolf.com.

XXVI. Effective Date

THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON MAY 5, 2016.