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Welcome to MySwingCloud.com! Please read carefully before using this website.

MySwingCloud.com maintains this site for information and communication purposes. This webpage contains the Terms of Use as well as the Privacy Policy governing your access to and use of the MySwingCloud.com (hereinafter the "Website" or "Site"). If you do not accept these Terms of Use or to the Privacy Policy or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

Overview
Your use of this website is expressly conditioned upon your acceptance and agreement to these terms of use.
For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to

(i) certain designated terms (see Section B below) in addition to those terms applicable to all users and

(ii) shall be further conditioned on your clicking the "I agree to the Terms of Use" button at the end of these Terms of Use, and/or the button at the end of the registration form.

If you do not fully accept the terms of use, you must immediately stop using this website.

Scope of use and user e-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Website that:

(i) are defamatory, threatening, obscene or harassing,

(ii) contain a virus, worm, Trojan horse or any other harmful component,

(iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or

(iv) otherwise violate any applicable laws.

MSC.com shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of MySwing SPRL is strictly prohibited.

Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by European Union and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include MSC's copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in any other website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of MySwing SPRL.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of MSC. You may not use a part of this Website on any other Website, without MSC's prior written consent.

MSC respects the intellectual property rights of others and expects you, as a user to do the same. The policy of MSC is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@myswing.be.

Links
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, MSC does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to MSC's website and the products and services MSC offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. MSC reserves the right to terminate any link or linking program at any time. MSC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

No unlawful or prohibited use
As a condition of your use of the Website, you warrant to MSC that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Spamming
Gathering email addresses from MSC through harvesting or automated means is strictly prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with MSC should be directed to: inf@myswing.be.

No Warranties
The Website, and any content, are provided to you on an "as is", "as available" basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which MSC expressly disclaims. My Swing SPRL does not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of the content and MSC will not be liable or otherwise responsible for any failure or delay in updating the Website or any content. We have no duty to update the content of the Website. MSC makes no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the Website and using the content as well as for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by MSC. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.

Governing law, location and miscellaneous
These Terms of Use shall be governed in all respects by the laws of the Belgium, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be evaluated to be modified to conform to the law. The other provisions will not be affected by any such modification.
Separate Agreements
You may have other agreements with MSC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with MSC.

The Copyright Directive Policy
My Swing SPRL respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

  4. Address, telephone number, and, if available, an electronic mail address where we may contact you.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


The Site's Copyright Agent can be reached at:
My Swing SPRL
Rue Witte de Haelen, 26
Belgium
Email: info@myswing.be

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. You should evaluate all information, opinions and advice available on this website in consultation with your insurance specialist, or with your legal, tax, financial or other advisor, as appropriate.
This is not to be construed as Professional Advice

Users disputes
You are solely responsible for your interactions with other Users. MSC reserves the right, but has no obligation, to monitor disputes between you and other users.

User Submissions & Communications – Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify MSC or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to MSC by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted MSC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. MSC may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to MSC by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. MSC has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
MSC reserves the right (but is not obligated) to do any or all of the following:
(i) Record the dialogue in public chat rooms.
(ii) Examine an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
(iii) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
(iv) Terminate a Member's access to any or all Public Areas and/or the MSC site upon any breach of these Terms of Use.
(v) Monitor, edit, or disclose any communication in the Public Areas.
(vi) Edit or delete any communication posted on the MSC site, regardless of whether such communication violates these standards.

MSC reserves the right to take any action it considers necessary to protect the personal safety of users and/or the public. MSC has no liability or responsibility to users of the MSC’s website or any other person or entity for performance or nonperformance of the aforementioned activities.
Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any MSC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Brussels, Belgium.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration procedure.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
Limitation of Liability
Your use of the content is at your own risk. My Swing SPRL specifically disclaims any liability whether based in contract, tort, negligence, strict liability or otherwise for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to use of or reliance on the content (even if My Swing SPRL has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Website or the content. This limitation of liability may be different in connection with specific products and services offered by My Swing SPRL some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
Indemnity
You agree to defend, indemnify, and hold MSC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
Accounts And Security
MSC does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password and login name. You shall provide MSC with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.
You may not:
(i) select or use a login name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorization;
(iii) use a login name that the Website, in its sole discretion, considers inappropriate or offensive.
You shall notify MSC of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at MSC's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Refund Policy
All refund claims are subject to MySwingCloud.com final review and approval. Members should keep copies of all rebate submission documents; all documents submitted to MySwingCloud.com become the property of MySwingCloud.com and will not be returned. MySwingCloud.com keeps the right to request additional information when processing a rebate submission request. MySwingCloud.com is not responsible for lost, late, missing, or illegible refund submissions, or misdirected submissions. If a refund submission is incomplete or fails to meet any of the refund terms and conditions, no refund will be issued. Applicable tax, if any, is the sole responsibility of the member. Restrictions: limit one refund per qualifying member.

PRIVACY POLICY

We respect your privacy and assure you we will take every measure to protect your privacy and personal information.

This Privacy Policy applies to this Site only. It does not apply to other websites to which we link. Because we gather certain types of information about our users, we want you to understand what information we collect about you, how we collect it, how that information is used, and how you can control our disclosure of it. You can rest assured that everything below represents an Internet industry standard set of policies just as you will see at other highly reputable websites, so you can trust there is no mysterious "small print." By using the Site, you agree that your use signifies your assent to this Privacy Policy.

Information Collection and Use

We collect two types of information from you:

  1. information that you voluntarily provide to us (e.g. through a voluntary registration process, sign-ups or emails); and

  2. information that is derived through automated mechanisms.


Voluntary Registration Information.

In order to fully access this Site, you must first complete the registration process, during which we will collect personal information about you. The information will include your lastname, firstname, gender and email address along with several optional fields to help us better service your needs. We do not collect personally identifiable information about you except when you specifically provide such information to us on a voluntary basis.

By registering with us, you consent to the use and method of disclosure as described in this Privacy Policy.

Information From and/or About Others

We may also collect and store personally identifiable information about other people that you provide to us, as well as information about you provided by others. If you or other users use our Site to upload, share and/or distribute content (including videos, comments or other submissions), and such content contains such information about you or others, such information may be stored in order to allow for such uploading, sharing and/or distribution. As a requirement to use our Site, you acknowledge that you have the appropriate consent(s) from any individual (or the parent of any child under the age of 18) to share their personally identifiable information with us.

Non-Personal Information

MySwingCloud.com collects information that is sent to us automatically by your web browser. MySwingCloud.com may use this information to generate aggregate statistics about visitors to the Site. This information typically includes details about your:

IP Address.
Browser Type.
Browser Plug-In Details.
Operating System.
Local Time Zone.
Date and Time of Each Visitor Request (e.g. web pages selected and time spent on each page).
Referring Site and/or Search Engine.
Device Type (e.g. desktop, laptop, tablet, phone, etc.).
Screen Size, Color, Depth, and System Fonts.

MySwingCloud.com may use non-personal information for various business purposes such as providing customer service, fraud prevention, market research, and improving our Site. The information we receive depends on the settings on your browser. Please check your browser if you want to learn what information your browser sends or how to change your settings.

Voluntary Information for Services and Features

We also collect personally identifiable information when you choose to use certain other features of the Site, including:

  1. making purchases,

  2. consenting to receive email or text alerts about upcoming promotions or events,

  3. consenting to receive email,

  4. participating in our forum and blogs,

  5. commenting on articles, and others.


When you choose to use these additional features, we require you to provide your “Contact Information” in addition to other personal information that may be required to complete a transaction such as your phone number, billing and shipping addresses and credit card information. Occasionally, we may also request information such as your shopping preferences and demographics which will help us better serve you and our others users in the future.

What are Cookies, Web Beacons and Other Tracking Technologies?

As is common practice among major member services and information related websites our Site uses cookies and other similar technologies that help us better customize your experience. For example, cookies are that technology that enables a site to recognize you as soon as you visit the site, thus giving you immediate access without requiring you to sign in repeatedly. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. If a user's system is idle for a defined time, the cookie will expire, forcing the user to sign in again to continue their session. This prevents unauthorized access to the user's information while they are away from their computer.  You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Site every time you visit those pages.

Regarding other tracking technologies that may use, these include web beacons and pixel tags among others.  Web beacons are small pieces of data that are embedded in images on the pages of our Site. Web beacons may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We may use web beacons to bring together information we collect about you.  Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

In the course of serving their own videos and advertisements to this site, our third-party affiliates and advertisers and may use cookies, web beacons, pixel tags or other tracking technologies for the same customer experience enhancing purposes outlined above and can be used to decide which ads you see on our Site, and on third-party sites and applications.

Referrals

You may choose to invite friends to join the Site by sending invitation emails via our invite feature. The Site stores the email addresses you provide so that the respondents may be added to your network, confirm orders/purchases and also to send reminders of the invitations. The Site does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations may contact us to request removal of their information from our database.

How We Use Your Information

The Site only uses your personal information for the original purposes it was given. Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your request/consent at the time of collection.
MySwingCloud.com will not disclose, use, give or sell any personal information to third parties for any purposes other than to our suppliers and other third parties who need to know in order to deliver services on behalf of the Site unless required to do so by law. Further, MSC reserves the right to contact you regarding matters relevant to the underlying service provided and/or the information collected.

Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site.

The Site may use your personal information to better deliver information and promotional offers based on data such as region, interests, goals, habits, etc.
Likewise, when it is considered advantageous to your Site experience by information you provide, to enhance your experience MSC may engage certain trusted third parties to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring website (if any) and other parameters in the URL. This is collected in order to better understand our website usage, and improve the performance of services to maintain and operate MySwingCloud.com and certain features on the Site. We may use third parties to host MSC; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.

Also, we may share personally identifiable or other information with our parent company MySwing SPRL; our subsidiaries, divisions, affiliates, and assigns.

We may transfer personally identifiable information in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

The Site may disclose contact information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities.

We are not liable or responsible for the personally identifiable or other information you choose to submit in blog threads, comments, and forums such as a bulletin board chat room or any other publicly accessible area of the Site.

You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.

We use non-identifying and aggregate information to better design our website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

How does MySwingCloud.com protects your information

We are committed to protect the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

Third party advertising

Advertisements appearing on this Site may be delivered to you by MySwingCloud.com or one of our web advertising partners. As noted above, our web advertising partners may use cookies to enhance your user experience by recognizing your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising partner to deliver targeted advertisements that they believe will be of most interest to you. MySwingCloud.com does not have access to or control of the cookies that may be placed by the third party advertising servers.

This privacy statement covers the use of cookies by MySwingCloud.com and does not cover the use of cookies by any of its advertisers

Links to third-party sites

Our Site contains links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by MySwingCloud.com of the activities or content of these sites, applications or services nor any association with their operators. RevolutionGolf.com is not responsible for the privacy policies or practices of any third party including websites or services directly linked to our Site. We encourage you to review the privacy policies of any third party site that you link from our Site.

Social media features & widgets

Our Site may include social media features, such as the Facebook links, and widgets, such as the “share” button or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policies of the third parties providing them.

Accessing and updating your personal information and preferences

We provide mechanisms for updating and correcting your personal information for many of our services. You may modify or remove any of your personal information at any time by logging into your account and accessing features such as edit and account.

Email choice/opt-out

If you no longer wish to receive updates or notifications may opt-out of receiving these communications by changing your alert settings and/or preferences in your account controls.

Children's privacy and parental controls

We do not request or accept any personal information from minor children. If you are not 18 years old or older, you are not authorized to register as a user/member of the Site without written permission from a parent or legal guardian. We take special precautions with regard to personally identifiable information of children under age 13. If we learn that personally identifiable information of a child under the age of 13 has been collected without parental consent through our Site, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated personal information to our Site without your consent, then you may alert us at “info@myswing.be” so that we may take appropriate action to remove the minor's personally identifiable information from our systems.  Please contact us for more information.

The mandatory disclaimer

By consenting to the Terms and Conditions of the Site and thereby this Privacy Policy as well, you consent to the simple fact that no data transmission over the Internet is completely secure. For that, we cannot guarantee the security of any information you provide to us and you transmit such information to us at your own risk.

Notification of changes

MySwingCloud.com reserves the right to edit this Privacy Policy from time to time at its sole discretion, and we will note each change with a dateline in the heading if ever such a change occurs. If at some point in the future there is a change to our Privacy Policy, unless we obtain your express consent, such change will only apply to information collected after the revised Privacy Policy takes effect. Your continued use of the Site indicates your assent to the Privacy Policy as posted.

CONTACT INFORMATION:

If you have any questions or concerns regarding this Privacy Policy please contact:
My Swing SPRL
Rue Witte de Haelen, 26
Belgium
Email: info@myswing.be