Terms & Conditions

Date Last Modified: September 3, 2024

The lcdgc.ca websites, including LCDGC - HQ, and the related online and mobile services (collectively with the Website and the App, the “Service” or “Services”) are made available by LCDGC, a Minnesota limited liability company (“LCDGC”), subject to these Terms and Conditions (“Terms and Conditions”).

The Services allow users to locate disc golf courses, score rounds, update current course conditions, add new courses to the database, track their scores and play statistics, connect with other disc golf players, and otherwise may assist Users in the playing of disc golf. These Terms and Conditions apply to all Users on both web-based and mobile platforms, including Users who are simply viewing content available via the Services, Users utilizing free Services, and Users who have engaged for paid Services (“Users” and “you” and through similar words such as “your,” etc.). Not all terms shall apply to all types of Users where specified in the Terms and Conditions. Some terms may only apply to certain portions of the Services.

By accessing any part of the Service, you are agreeing to the terms and conditions described below (the “Terms and Conditions”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE (the “Privacy Notice”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use the Service. If you are otherwise engaged with LCDGC for specific Services through a subsequent agreement, that agreement shall control and supersede these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THE APP OR CONTINUE TO ACCESS OR USE THE SERVICES AND DO NOT REGISTER FOR AN ACCOUNT.

We reserve the right to refuse a User’s access to the Services for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason. Such termination of your account will result in your loss of access to the Services. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.

The Service is controlled and offered by us from our facilities in Ontario, Canada. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Compliance. To ensure you remain in compliance with these Terms and Conditions, LCDGC recommends reviewing the current Terms and Conditions each time you access or use the Services. All access to and use of the Services, Accounts and the materials, content, information, and data contained on or provided through the Services and Accounts are subject to compliance with these Terms and Conditions and all applicable laws, rules, and regulations. If you have any questions or comments regarding these Terms and Conditions or the Services, please contact LCDGC at the contact information listed below.

This is a contract between you and LCDGC. You must be 18 years or older to use the Services. If you are less than 18 years of age and would like to register to use any part of the Services, please ask your parent or legal guardian (“Guardian”) to review and agree to these terms before you use any part of the Services, or ask them to complete the purchase or registration on your behalf.

Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, promotion, service or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

If you download, access, use or register for the Service on behalf of another person or as a Guardian, you are accepting this Agreement individually and on behalf of each User under the age of eighteen (18) for whom you are the parent or legal guardian.

General Use. The Services are made available, subject to these Terms and Conditions, to allow you to (i) obtain information about the Services, (ii) register for an Account, and (iii) engage with the various interactive properties available on the Service. Subject to these Terms and Conditions, LCDGC grants you a limited, non-exclusive, non-transferable and revocable license to download, access and use the Services solely for the applicable purposes described in these Terms and Conditions and for your personal, non-commercial benefit. Except as otherwise expressly set forth herein, you shall have no other rights to the Services, and no other rights shall be implied.

Visitors to the Service and Account Creation. You can visit the public sections of the Service without identifying yourself or providing personal information. In order to access certain features of the Service, you will have to create an Account. You may not have more than one (1) Account without LCDGC’s permission and you must access the Service and non-public portions of the Website and App through your Account. The security and confidentiality of your Account username and password is your sole responsibility. You shall ensure that no unauthorized person shall have access to your Account, username, or password and shall immediately notify LCDGC of any unauthorized access or use of which you become aware. You agree to comply with all applicable LCDGC Community Guidelines and to bear all responsibility and liability for all actions under or through your Account as well as all fees and/or charges incurred from the use of your Account, whether authorized or unauthorized. You may update your Account by changing the Account settings.

Registration Data. All of your information and data provided to LCDGC in connection with registering for your Account (“Registration Data”) must be true, accurate, current and complete at all times. You must immediately update your Registration Data to keep it true, accurate, current and complete. Notwithstanding anything to the contrary, you hereby authorize LCDGC and its affiliates, contractors and suppliers to use, copy, sublicense and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms and Conditions and/or to protect any of LCDGC’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by LCDGC’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your Registration Data, including, without limitation, to grant the foregoing rights to LCDGC and its affiliates, contractors and suppliers. If you provide LCDGC your email address, you hereby consent to and authorize LCDGC to (a) send notices regarding the Services to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Services and special offers (collectively, “Other Messages”). If you do not want to receive Other Messages, you may opt out in your Account settings. Opting out of receiving Other Messages may prevent you from receiving email messages regarding updates, changes to the Services or offers.

If you provide Registration Data on behalf of another person (“Other User”), including as a Guardian, you are solely responsible for obtaining any necessary rights, authorizations, and consents with respect to the information you submit about the Other User(s) and solely responsible for the actions of any Other User(s) on the Service. By providing Other User Registration Data to LCDGC, you hereby authorize LCDGC and its affiliates, contractors, and suppliers to use, copy, sublicense and disclose Registration Data for the same purposes listed above

Fees. We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Service or any order placed through the Service, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income. Any fees associated with your use of the Services may be collected via the App or web-based platform, depending on your purchase.

User Content. The Services may contain User-generated or provided data, content, and materials (“User Content”). As described in the Privacy Notice, User Content may include, but is not limited to, your mapping of new courses, your scorecards, your ratings and reviews of courses, photos of courses, LCDGC Community posts and feeds, comments on blogs or other public forums, reviews of merchandise or other purchases, and reviews of the Services.

User Content is the sole responsibility of the User that submitted that User Content. LCDGC does not control User Content generated or provided by Users and is under no circumstances responsible or liable in any way for any User Content that is made available through the Services. LCDGC does not endorse any User Content, and does not warrant or guarantee the integrity, truthfulness, accuracy or quality of any User Content. LCDGC reserves the right (but is not obligated) to edit or remove any User Content in whole or part, at any time and for any or no reason. You agree that LCDGC is not liable for any loss or damage of any kind resulting from availability, access and/or use of any User Content. You further agree that the User Content that you may generate or provide through the Services shall be truthful, not misleading, and in compliance with any applicable LCDGC Community Guidelines.

Notwithstanding the foregoing, LCDGC frequently relies on User Content to expand the Services, especially your submissions of disc golf course data. You acknowledge and agree that your submitted User Content will be made available to other Users of the Services (subject to the features of the Service which may restrict what Users can view and access your User Content, as further described in the next section discussing LCDGC Community). You hereby grant to LCDGC and its affiliates, contractors, and suppliers a nonexclusive, perpetual, irrevocable, world-wide, royalty-free, assignable and sublicensable (through multiple tiers), license to reproduce, copy, use, host, store, sublicense, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, your submitted User Content and your name, voice and likeness (to the extent they are part of the User Content), (i) in connection with the Services, as specified under Third Party Licenses and/or for the interoperation of any third party products, (ii) if required by applicable law, where necessary to enforce these Terms and Conditions and/or to protect any of LCDGC’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by LCDGC’s Privacy Notice, these Terms, and your settings within the services (e.g., LCDGC Community settings). You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your submitted User Content, including, without limitation, to grant the foregoing rights to LCDGC and its affiliates, contractors and suppliers.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. LCDGC reserves the right, but is not obligated, to reject and/or remove any User Content that LCDGC believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with Canada Copyright Office, the Writer’s Guild, or any other rights organization.

LCDGC Community and Additional Limitation on User Content

As a part of engaging with the Services, you will have the opportunity to participate in LCDGC Community. Please note that you are NOT opted into LCDGC Community by default, but you may choose to engage with that area of the services by adjusting your settings within the App or on the Website. Please note that you have the option to limit engagement to only your “followers” and "cardmates" on the service, or you may make your profile in LCDGC Community public to all users of the LCDGC App.

When posting any User Content anywhere in the Services, but in particular, within LCDGC Community, you must abide by the following rules:

• You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person.
• You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate
• You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
• You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of LCDGC, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
• Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
• You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

Further, you agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and current (viii) violates any team, school, sport, league, or other applicable policy, including those related to cheating or ethics, or (ix) violates LCDGC’s Community Guidelines. LCDGC reserves the right to change its Community Guidelines at its discretion and without advance notice.

Releases. You acknowledge and agree that (i) you are solely responsible and liable for your interactions with other Users of the Services, (ii) LCDGC does not control the acts, omissions, policies or procedures of other Users of the Service. Without limiting the foregoing, you understand the risks associated with the access to and use of the Services and any User Content and other data, content and materials made available through the Services, and acknowledge that you are using the Services and such other data, content and materials at your own risk and that you are personally responsible for verifying their suitability for your needs through your own investigation. To the maximum extent permitted by law, LCDGC is not liable for, and you hereby waive, release, relinquish and forever discharge LCDGC, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, the “LCDGC Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, injuries to person or property (including, but not limited to, death, incapacity and disability), damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, arising out of or related to (a) your access to and use of the Services, (b) access to and use of any User Content and other data, content and materials made available through the Services, (c) and your interactions with other Users of the Services. You agree to not sue LCDGC and the other LCDGC Parties, or assist any other person or entity in any suit against LCDGC and the other LCDGC Parties, with respect to any matters released in this Section. The terms of this release shall also apply to any of your relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who assert or attempt to assert any claims on your or their behalf.

Ownership and Intellectual Property. Except for certain User Content as described herein, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You acknowledge and agree that as between you and LCDGC, LCDGC is and shall remain the exclusive owner of the Services, LCDGC’s data, information, and Content (expressly excluding User Content as otherwise described in these Terms and Conditions), and all patent, copyright, trade secret, trademark and other intellectual property rights therein. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, scraped, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. You shall not challenge or assist any third party to dispute or challenge LCDGC’s or its licensors’ ownership of such rights or the validity or enforceability of such rights. LCDGC expressly reserves all rights not expressly set forth in these Terms and Conditions.

If you find or suspect intellectual property infringement with respect to the Services or User Content, believe that the Services or any User Content otherwise violate these Terms and Conditions, or have questions, complaints or claims regarding the Services, please immediately notify LCDGC using the contact information located below. Upon receiving such information, LCDGC will investigate the matter, in its sole discretion.

Prohibited Uses. In addition to uses otherwise prohibited by LCDGC, these Terms and Conditions or applicable law, you shall not, and you shall not allow any third party to, do any of the following:

• Download, access, use or register for the Services if you are under eighteen (18) years old.
• Change or delete any copyright or proprietary notices from the Services.
• Use the Service other than as permitted by these Terms and Conditions and that you will not use the Service in a manner inconsistent with the original intent of its design.
• To impersonate or attempt to impersonate LCDGC, a LCDGC employee, another authorized User, or any other person or entity.
• Access or use the Services to send unsolicited commercial messages to any person, or to threaten, harm or harass another User’s Account, use and/or access of the Services, including, but not limited to, attempting to gain access to another User’s Account.
• Access or use the Services by artificial means or in a manner that, in LCDGC’s sole discretion, would inflict an excessive load on LCDGC’s or its suppliers’ hardware or software.
• Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Services, solicit any other Users of the Services for such purposes and/or use data, content or materials gathered from the Services for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of LCDGC or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of LCDGC or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Services or LCDGC’s or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Services or LCDGC’s or a third party’s hardware or software.
• Use the Services for any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Services.
• Decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Services by any means whatsoever.
• Distribute, disclose or allow use of any portion of the Services or your Account in any format through any timesharing device, service bureau, network or by any other means, to or by any third party.
• Use or access any data, content or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading and storing) unless expressly permitted by the features of the Services.
• Use or access the Services or any data, content or materials provided through the Services in violation of international, federal, state or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Services from outside the United States, you do so at your own risk and responsibility for compliance with laws of your jurisdiction.
• To engage in any other conduct that, as determined by us, violates LCDGC Community Guidelines, restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm LCDGC or Users of the Service or expose them to liability.

Accessibility and Updates. You are solely responsible for providing, maintaining and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or other physical requirements for use of the Services, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access and use the Services. To use the App, you must have a compatible mobile device and LCDGC does not guarantee that the App will be compatible with any specific mobile device. You are solely responsible for your mobile device data or related charges. LCDGC may from time to time issue upgraded versions of the App and may automatically update the version of the App that you are using.

Third-Party Content and Products. The Service may contain links to third-party content and other third-party websites that are not owned or controlled by LCDGC. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by LCDGC. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We 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 Third-Party Content.

Access to the Services may include hardware, software, and other proprietary materials from LCDGC’s third-party suppliers that are subject to license rights, terms and restrictions (collectively, “Third-Party Licenses”). In such event, your rights to the Services are expressly subordinate and subject to the Third-Party Licenses and you must comply with Third-Party Licenses. If LCDGC’s rights provided by a third-party supplier are limited, suspended or terminated for any reason, your rights shall also be so limited, suspended or terminated. To the extent of any conflict between the terms of these Terms and Conditions and the terms of a Third-Party License, the terms of the Third Party-License shall control with respect to the applicable third-party product.

Warranties. You represent and warrant that (i) these Terms and Conditions constitute your legal, valid and binding obligation enforceable against you in accordance with their terms, subject to the principles of equity, bankruptcy, insolvency, reorganization and other laws affecting creditors’ rights generally, (ii) you have all requisite authority to enter into these Terms and Conditions, (iii) your agreement to these Terms and Conditions and performance or compliance with the terms of these Terms and Conditions will not conflict with, result in a breach of, constitute a default under or require the consent of any third party under any license, sublicense, lease, contract, agreement or instrument to which you or your affiliates are bound or to which your properties are subject, (iv) you are the lawful owner of any submitted User Content and your Registration Data, or to the extent you are not the lawful owner, you have all rights necessary for you to provide, upload and make available in submitted User Content and your Registration Data and license it as specified herein, and (v) your submitted User Content and your Registration Data will not violate or in any way infringe on any patent, copyright, trade secret, trademark, intellectual property or other rights of a third party.

Termination. Access to the Services is provided at the discretion of LCDGC. LCDGC has the right at any time, with or without prior notice, to suspend or terminate your access to the Services or your Account, and to refuse any and all current or future use of all or any portion thereof, for any reason, including, but not limited to, if LCDGC believes that you are in violation of any of the provisions of these Terms and Conditions, your Account is being used without your authorization, or the information you have provided is inaccurate, not current or incomplete. LCDGC shall also have the right, but not the obligation, at any time to change or discontinue any aspect or feature of the Services and/or change or remove any of the User Content from the Services, in its sole discretion. In the event you desire to terminate your Account you may do so through the Service or by contacting LCDGC as set forth below. Upon termination of your Account, all of the information associated with your Account may be retained or deleted without notice, consistent with applicable law. LCDGC shall have no liability for such deletion.

Indemnification. To the fullest extent permitted by law, you shall indemnify, defend and hold LCDGC and the other LCDGC Parties harmless from and against any and all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys’ fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or resulting from, or alleged to result from (i) your breach of these Terms and Conditions, (ii) your access to and use of the Services, and/or (iii) your Content and your Registration Data; provided, the foregoing provisions of this Section