Welcome to MySwingCloud.com! Please read carefully before using this website.
A. TERMS APPLICABLE TO ALL USERS
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
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.
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 firstname.lastname@example.org.
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.
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: email@example.com.
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
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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- 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.
- Address, telephone number, and, if available, an electronic mail address where we may contact you.
- 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.
- 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
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
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:
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.
(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.
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.
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.
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.
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.
We respect your privacy and assure you we will take every measure to protect your privacy and personal information.
Information Collection and Use
We collect two types of information from you:
- information that you voluntarily provide to us (e.g. through a voluntary registration process, sign-ups or emails); and
- 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.
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.
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:
Browser Plug-In Details.
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:
- making purchases,
- consenting to receive email or text alerts about upcoming promotions or events,
- consenting to receive email,
- participating in our forum and blogs,
- 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?
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.
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
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.
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 “firstname.lastname@example.org” 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
Notification of changes
My Swing SPRL
Rue Witte de Haelen, 26