1. Introduction
Welcome to Winning Glow ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Winning Glow website, located at winningglow.com (the "Website"), and all related services, features, content, and applications offered by Winning Glow (collectively, the "Service").
Winning Glow is a fantasy sports platform focusing on golf competitions and tournaments. We provide users with the opportunity to participate in fantasy golf contests, create personalized leagues, and engage with other golf enthusiasts.
2. Acceptance of Terms
By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.
You represent and warrant that you are of legal age to form a binding contract with Winning Glow and meet all eligibility requirements in these Terms. If you access or use the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Age Restrictions and Eligibility
The Service is intended solely for users who are at least 18 years of age or the legal age for gambling activities in their jurisdiction, whichever is higher. By using the Service, you represent and warrant that:
- You are at least 18 years old or the legal age for gambling in your jurisdiction;
- You are a resident of the United Kingdom or another jurisdiction where participation in fantasy sports contests is legal;
- You are not a professional golf player, coach, or directly associated with professional golf tournaments in a way that could create a conflict of interest;
- You are not prohibited from participating in online gaming by any applicable law or regulation.
We reserve the right to request proof of age or identity at any time. If we discover that a person under the age of 18 or otherwise ineligible has provided us with personal information or accessed the Service, we will take appropriate steps to remove such information and terminate the account.
4. Account Registration
To access certain features of the Service, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information;
- Maintain the security of your account, including keeping your password confidential;
- Accept responsibility for all activities that occur under your account;
- Promptly notify us of any unauthorized use of your account or other security breaches.
We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.
5. Fantasy Contests and Payments
Our Service allows users to participate in fantasy golf contests, which may include free contests and contests requiring entry fees with potential prize payouts.
5.1 Contest Rules
Each contest will have specific rules, eligibility requirements, entry fees (if applicable), prize structures, and scoring systems. These rules will be clearly displayed before entry into any contest. By entering a contest, you agree to abide by its specific rules in addition to these Terms.
5.2 Payments and Fees
If you choose to participate in contests requiring entry fees:
- All payments must be made using our approved payment methods;
- You represent and warrant that you are authorized to use the payment method you provide;
- All fees are quoted in British Pounds (GBP) and include applicable taxes unless otherwise stated;
- Entry fees are non-refundable once a contest has started, except as required by law or at our sole discretion.
5.3 Prizes and Payouts
Prize payouts will be made in accordance with the specific contest rules. We reserve the right to:
- Verify your identity before processing any payouts;
- Withhold payouts if we suspect fraudulent activity, collusion, or violation of these Terms;
- Correct any crediting errors by adjusting your account balance.
All taxes on prizes are the sole responsibility of the prize recipient.
6. User Conduct and Prohibited Activities
You agree not to use the Service to:
- Violate any applicable law, regulation, or these Terms;
- Use the Service for any illegal purpose or in support of illegal activities;
- Engage in any form of cheating, collusion, fraud, or manipulation of contests;
- Use automated scripts, bots, or other software to access or interact with the Service;
- Attempt to gain unauthorized access to other users' accounts or our systems;
- Interfere with or disrupt the Service or servers or networks connected to the Service;
- Harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- Create multiple accounts to gain unfair advantages in contests;
- Share insider information or non-public information that could affect fantasy contests;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit viruses or any other malicious code;
- Collect or track personal information of other users.
Violation of these prohibitions may result in termination of your account, forfeiture of any prizes or account balances, and potential legal action.
7. User Content and Submissions
Our Service may allow you to post, link, share, or otherwise make available content, including comments, forum posts, profile information, and other materials. We refer to this as "User Content."
7.1 Ownership and License
You retain ownership rights in your User Content. However, by posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business operations, including for promoting and redistributing part or all of the Service.
7.2 Content Restrictions
You agree that any User Content you post will not:
- Infringe any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
- Contain libelous, defamatory, offensive, harassing, or otherwise objectionable material;
- Promote discrimination, bigotry, racism, hatred, or harm against any individual or group;
- Be false, inaccurate, or misleading;
- Contain unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
- Contain personal information about others without their permission;
- Violate any applicable law or regulation.
7.3 Content Monitoring
We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we find objectionable for any reason. We are not responsible for the User Content posted by users of the Service.
8. Intellectual Property Rights
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Winning Glow and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Winning Glow.
You acknowledge that the Service may contain information that is designated confidential by Winning Glow and that you shall not disclose such information without our prior written consent.
9. Third-Party Links and Services
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Winning Glow. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Winning Glow 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
10. Disclaimers and Limitation of Liability
10.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WINNING GLOW, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT:
- THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY ERRORS OR DEFECTS WILL BE CORRECTED;
- THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINNING GLOW, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- ANY CONTENT OBTAINED FROM THE SERVICE; AND
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless Winning Glow, its subsidiaries, affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with:
- Your access to or use of the Service;
- Your violation of these Terms;
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
- Any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the Service.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by the courts of the United Kingdom, and you consent to the exclusive jurisdiction and venue of such courts.
If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
13. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us at [email protected] to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If your account is terminated due to a violation of these Terms, you may forfeit any pending winnings or account balances, as permitted by applicable law.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date. You are advised to review these Terms periodically for any changes.
Your continued use of the Service after we post any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
If you do not agree to the new Terms, you are no longer authorized to use the Service.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16. Entire Agreement
These Terms constitute the entire agreement between you and Winning Glow regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
17. Contact Information
If you have any questions about these Terms