SPHOXO.com – TERMS OF SERVICE
www.sphoxo.com, www.cards.sphoxo.com Privacy Policy.
Last updated December 1st, 2018
1 Acceptance of terms
The services and/or products provided to you by Sphoxo LLC (hereafter referred as ‘SPHOXO’, or ‘we’ or ‘us’ or ‘our’), to subscribers, agents, or affiliates, in conjunction with sphoxo.com and cards.sphoxo.com (hereafter referred as ‘site’ or the ‘website’ or the ‘application’) are subject to the following Terms of Services (hereafter referred as ‘TOS’). If you do not understand or agree to the bound by (or cannot comply) any part of the TOS described herein, you must immediately cease using the site. SPHOXO reserves the right to update the TOS at anytime with or without notice to you. The current version of the TOS can be reviewed by following the URL link at the footer of SPHOXO’s web pages. If you do not agree with this TOS do no use this website services.
2 Non commercial use
The materials, products and services provided on web pages owned and/or controlled by SPHOXO, including the information an images incorporated in SPHOXO’s websites, products and/or services are for your private personal non-commercial use only. You may not, without prior written consent from SPHOXO, modify, republish, post, copy, scrape, display, perform, reproduce, license, create derivative works from, sell or transmit anything you obtain or download from the web pages owned and/or controlled by SPHOXO
3 Eligibility
SPHOXO website, products and/or services are intended for use and access solely by those individuals that are thirteen (13) years of age and older. By using and/or accessing SPHOXO website, products and/or services, you represent and warrant that you have the right and capacity to enter into this agreement. Furthermore, you represent and warrant that you will, at all time abide by all terms and conditions contained within the TOS agreement and any other associated agreement and that:
1 you are at least thirteen (13) years of age, and
2 your use of SPHOXO’s website, products and/or services does not violate any applicable law.
SPHOXO reserves the right, at its sole discretions to immediately terminate your account if SPHOXO believes you are under the age of thirteen (13).
4 Payment terms
When confirming a payment of transaction with SPHOXO, you agree and hold full responsibility to paying the full amount for that transaction. A part of the payment or transaction may include taxes, shipping costs, or other similar fees. When conducting a payment through SPHOXO, you confirm that you are legally authorized/permitted to use that payment source. If you pay using a debit card and there is an overdraft fee or any other related fee, we are not responsible for that fee.
5 Refunds
A SPHOXO paid subscription provides instant access to the SPHOXO services and products. Since SPHOXO represents an intangible irrevocable asset, all sales are final. No refunds will be provided to any of the paid subscription plans, including requests for refunds related to unused portions of paid subscriptions. If a user is unsure of the services offered by the SPHOXO paid membership plans, we recommend initially subscribing to a free membership. Would you encounter access problems due to your internet provider please contact them first. Section 11 disclaimers explains it more specifically.
If you discover changes in the quality of product/services due to different internet browsers you may decide to use, usually we recommend to use latest versions of Google Chrome freeware browser.
If you continue to encounter problems send an email to hello@sphoxo.com and our customer service will try to help you within a reasonable amount of time. We may decide from time to time with no obligation and at our sole discretion to compensate you in extending the period of your plan or increase the number of cards to be saved in PDFs.
The price of a plan is applied at time of purchase. All plans prices and offers are subject to changes and are limited in time. Each plan may provide a different offer over time changing the duration and/or the number of PDFs cards allowed to be saved. Plans terms and conditions related to duration and PDF saved are indicated in the JOIN page of the site inside the square advertisement box.. Old and new plans may be subject to change at our sole discretion. Old plan will remain at the terms and conditions in use at time of purchase. Periodically SPHOXO to allow promotions and special offers during the year.
6 Removal of content
If you believe your work has been copied and posted on or through SPHOXO website, products and/or services in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the ‘Offending Material’ or ‘OM’), please send an email to hello@sphoxo.com a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Material are covered by single notification, a representative list of such works: (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g. providing URLS(s) where the OM may be found, (iii) information sufficient for us to contact you (e.g. address, telephone number and /or an email address); (iv) a statement by you that you have, in good faith, a belief that the OM’s use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty or perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the OM; and (vi) your physical or digital signature. Contact us at hello@sphoxo.com
7 Online conduct
By using the site, you agree that you will be solely and personally responsible for your use of the site and its services and that you will indemnify and hold harmless SPHOXO, its licensors, affiliates, employees, officers, members, managers, attorneys, advisors, partners, investors, lenders, and directors from all claims for liabilities, losses and expenses, including reasonable attorney’s fees, from third parties arising from your conduct. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, violets this provision, including, without limitation, reporting such activities to law enforcement authorities or other governmental agencies. In addition, you agree not to engage in any of the following: 1- You agree not to attempt in any way (or authorize, encourage or support other’s attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with SPHOXO or its Services. Additionally you agree not to interfere with, hack into or decipher any transmission to or from the servers running the Service. Furthermore, you hereby agree to immediately advise us promptly of any such unauthorized use(s) or attempt(s). 2- You agree not to provide on the Site or to SPHOXO, including employees of SPHOXO, your social security number, credit card information unless the disclosure is associated with a valid transaction for the purchase of products or services through the Site. 3- You agree not to engage in, claim to engage in, promote, or encourage any illegal, fraudulent, or criminal activity including, but not limited to, violating somone’s privacy, hacking, cracking, phishing, creating and distributing, computer viruses or counterfeit software. 4- You agree not to improperly use customer support resources to make false reports to SPHOXO. 5- You agree not to modify, reproduce, distribute or remove or create any derivative works of SPHOXO or any content displayed therein, or any component thereof including, but not limited to copyright, patent, confidentiality, or other notices, labels, or legends on the Site. 6- You agree not to send unsolicited e-mails or other electronic communications, commercial or otherwise, as an advertisement for Company’s services without first obtaining prior confirmed consent from the recipient of said email.
8 Unlawful use
You agree not to use the website, products and/or services provided by SPHOXO for any purpose that is unlawful or prohibited by any state, federal or applicable international law. SPHOXO reserves the right to terminate your use of its website, services and/or products and/or prosecute any violations of this policy.
9 Links and Vendors
SPHOXO provides, for your convenience, links to some of its affiliates, other third-party organizations and access to the products and services of third-party merchants and vendors. Unless stated otherwise, these linked sites, products and services are not under control of SPHOXO and SPHOXO does not warrant, nor is it responsible for the contents of any linked site or the product or services provided by any third-party merchant or vendor. The links do not indicate an endorsement of the linked site by SPHOXO. SPHOXO DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATIONS S TO ACCURACY OWNERSHIPR VALIDITY OR LEGALITY OF ANY CONTENT OF LINKED SITE.
10 Unsolicited Ideas or Suggestions
SPHOXO or any of its employees do not accept or consider unsolicited ideas. SPHOXO asks that you do not send any artwork, samples, demos or other works. SPHOXO wishes to avoid any potential misunderstanding or disputes that may arise if an idea of SPHOXO may seem similar to those you submit. If you do submit ideas or material to SPHOXO, SPHOXO makes no assurance that your submission will be treated as confidential or proprietary. We encourage you to publish your ideas in your social media platforms first.
11 Disclaimer
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITE AND SPHOXO’S PRODUCTS AND SERVICES, THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTIBILITY, NON-INFRINGEMENT. SPHOXO PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SPHOXO WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
12 Limitations of liabilities
THE SITE AND ITS SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICUALR PURPOSE, AND NON-INFRINGEMENT, WE DO NOT GUARANTEE THAT THE SITE OR ITS SERVICES WILL BE SAFE OR SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPHOXO OR ITS SERVICES IS TO STOP USING THE SITE AND ITS SERVICES AND TO TERMINATE YOUR ACCOUNT WHERE APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SPHOXO, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, OR DIRECTORS BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE USE, CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. MOREOVER, IN NO CASE SHALL SPHOXO, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATIOM, THOSE RESULTING FROM LOSS OF PROFITS, LOSS, ALTERATION OR DELETION OF DATA (INCLUDING ANY CONTENT), LOSS OF USE OR GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, WEBSITE, INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SPHOXO OR ANY OF SPHOXO LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, OR DIRECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPHOXO AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$ 100.-) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS, BECAUSE SOME STATES OR JURIDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURIDICTIONS, SPHOXO AND SPHOXO LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, OR DIRECTORS LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SPHOXO DOES NOT ENDORSE WARRANT OR GUARANTEE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND SPHOXO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESONSIBLE FOR MONITORING AND TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, YOU RELEASE SPHOXO AND SPHOXO LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, OR DIRECTORS AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: ‘’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 DEBITOR.’’
13 Disclaimer
Subject to certain limitations regarding the underlying data, the content on the Site (‘’Materials’’), the trademarks, service marks, and logos, contained on the Site (‘’Marks) are owned by or licensed to SPHOXO and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SPHOXO reserves all right not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that SPHOXO provides, unless otherwise specifically authorized by us in a separate written agreement. You agree not to distribute in any medium any part of the Site or the Content without SPHOXO prior written authorization, unless SPHOXO makes available the means for such distribution through functionality offered by the Site (such as the scorecard builder application) and for non commercial use only. In your use of the Site, you will comply with all applicable laws. SPHOXO reserves the right to discontinue any aspect of the Site at any time.
14 Copyrights
© 2018-2019 Sphoxo LLC. All Rights Reserved.
www.sphoxo.com www.cards.sphoxo.com
15 Jurisdiction – Forum Selection
Unless otherwise specified in a written agreement provided by and executed by SPHOXO, the laws of STATE shall govern and control, without reference to its conflicts of law principles, any action concerning the website(s) and Services provided by SPHOXO. By using SPHOXO’s website services and /or products provided by SPHOXO, you are agreeing that any and all disputes arising out of or relating to the TOS will be first negotiated in good faith by the parties, and if such negotiations do not result in a mutually agreeable resolution, either you or SPHOXO may bring a claim against the other, provided that such a claim shall be exclusively venued in the state or federal courts located in the State of STATE. You and SPHOXO hereby irrevocably submits to the exclusive jurisdiction of such courts for any such claims, and waives any objections to such courts based on venue or the doctrine of forum non conveniens.
16 Successors and Assigns. Third Party Beneficiaries.
This TOS is binding upon and will inure to the benefits of you and SPHOXO and its respective permitted successors or assigns. Nothing in the TOS’s, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this TOS.
17 Disclosures required by law and other instances
There are other instances in which SPHOXO may divulge your personal information, such as when required by law, regulation, or litigation. SPHOXO may also disclose your personal information if SPHOXO determines that such disclosure should be made for reasons of national security, law enforcement, or other issues or public importance.
18 Tracking
In order to improve the services and products of SPHOXO services and products of SPHOXO and SPHOXO website, SPHOXO may utilize ‘cookies’, ‘web beacons’, and/or similar devices to track your activities. A cookie is a tiny amount of data that is transferred by a web server to your browser and can only be read by the server that transferred it to you. A cookie functions as your identification and enables SPHOXO to record your passwords, purchases, and preferences. A cookie cannot be executed as code or deliver viruses. A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar method may be used by which a service and/or product may send data to a server or other remote computing device when a set of user-initiated events occur. This method is similar to a cookie in that it may track your visit and the data can only be read by the server that receives the data. SPHOXO may use cookies and similar devices to track your use of the website and the products and services, and web servers may automatically log the IP/Internet address of your computer. SPHOXO does not generally use this information to identify you personally. If you expressly provide consent for the website or products and/or services to record the unique identifier that you select when you register for various activities on the website or the products and/or services, that unique identifier will be stored on a persistent cookie on your computer and that unique identifier will be linked to your personal information.
As a result, your navigation path around the website and the products and/or services may be tracked in identifiable form.
19 Investigations
SPHOXO and its affiliates reserve the right to investigate, review and enforce any appropriate terms or policy applicable to a user. SPHOXO may make any disclosure reasonable necessary to: i) prevent illegal activity from occurring or continuing to occur on SPHOXO website. ii) enforce any section or term contained in any SPHOXO’s agreements, iii) comply with any request received from a court or government agency with proper authority to make such a request, iv) protect the rights, security, reputation, dignity, and /or property of SPHOXO, SPHOXO affiliates, users, and/or the general public.
20 Monitoring
SPHOXO monitors the Site and the Services for content that is or may be in violation of the terms of this Agreement. However, SPHOXO does not guarantee that any information contained on the Site is accurate, complete, factual or authenticated.
21 Entire Agreement
This TOS sets forth the entire agreement and understanding of you and SPHOXO relating to the subject matter hereof and merges all discussions, representations, covenants, promises, discussions, negotiations, and exchanges between you and SPHOXO with respect thereto.
22 Modifications and Waiver
No modification of or amendment to this TOS will be effective unless in writing signed by an authorized representative of SPHOXO. No waiver of any rights is to be charge against SPHOXO unless such waiver is in writing signed by an authorized representative of SPHOXO.
23 Unenforceable Provisions
If any provision of this TOS is held invalid or unenforceable by any court or competent jurisdiction, the other provisions of this TOS will remain in full force and effect, and, if legally permitted, such offending provision shall be replaced with an enforceable provision that as nearly as possible gives effect to SPHOXO intent.
24 Plans terms and conditions
1- Duration and PDFs.
In the JOIN page of the site, you are offered the possibility to buy a plan that offers 2 parameters 1 Duration in time and 2 Number of PDFS that can be saved.
Example: you may be offered a plan with 4 PDFs card for a period of 1 week.
How does it work? The best is to think of each PDF file as a product or coupon that has a price and a shelf life date.
During the full period of the shelf life of the purchased plan you will be able to create the purchased number of PDFs files. Each PDFs file will be kept in your profile under the My Cards section. You’ll also be able during this period of time to download the PDF card into your Hard Disk of your computer. Once the date of expiration comes you’ll lose the opportunity to save your PDFs. So be vigilant. Said that the system will send you periodically some reminders.
2- One plan per user. This is an important aspect of the subscription as it has an impact on the remaining credits of PDFs cards unused.
Do to the rule one plan one user, when a new plan is purchased it supersedes the old plan.
So if you buy a new plan while you have some PDF credit available they will be lost!
So be sure you have no more PDFs credits before you buy a new plan.
25 Contact information
If you wish to contact SPHOXO for any reason, please address your inquiries by email to: hello@sphoxo.com
Sphoxo LLC. Customer service
FAQ about usage of the cards in a non-commercial use
Can you sell a SPHOXO card to others?
No, without a written prior consent from SPHOXO. Refer to point 2 of the TOS. The materials, products and services provided on web pages owned and/or controlled by SPHOXO, including but not limited to the information and original images incorporated in SPHOXO’s websites, products and/or services such as but not limited to the scorecard builder are for your private personal non-commercial use only. You may not, without prior written consent from SPHOXO, modify, republish, post, copy, scrape, display, perform, reproduce, license, create derivative works from, sell or transmit anything you obtain or download from the web pages owned and/or controlled by SPHOXO.
So, can you share or print or design a SPHOXO card for others?
Yes. you can design and share a SPHOXO scorecard with your friends and family and clients but only if you can prove you have bought a plan and the plan is active and the card is an original print and not a photocopy.
If you do so, you must keep the SPHOXO logo on the card, as it is saved in the original PDF received form the SPHOXO card builder application without any modification and alterations.
You are not allowed to design and share SPHOXO scorecards if your plan has expired.
Unauthorized print screen shots from the screen of your computer, or tablets or phones or other e-devices are an infringement to copyright and trademark laws.
Partial usage and modification using the SPHOXO scorecard builder application by unauthorized publishing companies is an infringement to copyright and trademark laws.
Usage even partial of the SPHOXO scorecard by unauthorized publishing companies for larger volumes batches than for a typical friendly foursome is an infringement to copyright and trademark laws. Larger prints by printing companies for local or national or international competitions or scorecards created for members and visitors of a golf club produced in larger batches without written consent of SPHOXO are an infringement to copyright and trademark laws.
Upload an image into the card
Sphoxo takes copyright infringement seriously.
Users and golfers should upload only their own original creations or have the appropriate approval from the copyright owner. Users and golfers are responsible to ensure images do not infringe copyright and trademark laws.
Even if you think the copyright owners may not complain about something that promotes their company, or believe the use may likely to be excused as a fair use. Uploaded images, pictures, diagrams, thumbnails, must strictly comply with local, national and international copyright and trademark laws.
If we receive a report that the image is not authorized by law, principles of fair use, by the copyright owner, or the copyright owner's agent, we’ll terminate the account of repeat infringers under the appropriate circumstances.
If you have a good-faith belief that any content uploaded into a card infringes your copyright, please contact us and we’ll cooperate to help you stop it.
Only copyright owners or their agents should contact us. If you are unsure whether the material you plan to report is infringing, you may wish to first seek legal advice. Should you misrepresent that content is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or our users.
Note that we may pass along the information you provided to the user who used the content you're reporting. If you are concerned about your information being forwarded, you may wish to use an agent instead.
In your email to hello@sphoxo.com and please specify “I declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
DISCLAIMERS:
Any or all golf related information posted on the website www.sphoxo.com including but not limited to related social media channels, pages, sites such as but not limited to articles, tips, blogs, videos, pictures, images are for entertainment and for group discussion purposes only with the goal to provide personal opinions on a particular subject. They do not represent legal or professional advice, nor pretend to be effective as an educational tool, nor based on solid data or research.
Tips are meant to be for suggestions purpose only as individual results may vary. It is the responsibility of the reader to double check, verify any information contained in any of the articles with the assistance of a qualified professional if required.
The articles, blogs, newsletters, videos, pictures, do not constitute professional advice. The reading of such advises, tips and recommendation cannot guarantee a particular result and outcomes may vary person by person. In any case they have to be considered a promise with a guaranteed result.
Golf is a difficult and dangerous sport as it involves rapid movements and usage of apparels that can cause serious injury. Tips, drills, external advises from third parties may help or not golfers become a better player. Use your sole discretion, judgment and common sense to avoid any unnecessary risks to harm yourself or others, at your own risk.
Product and services advertised and sold in this site remains solely the responsibility of the manufacturer own claims warranties and guarantees.
Links to other sites, does not guarantee, approve, or endorse the information or products available on these sites.
If you have any questions, contact us at: hello@sphoxo.com