Secret Golf Terms of Use

Welcome to Secret Golf! We are a subscription service that provides our members with access to television and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV's, computers and other devices.

These Terms of Use govern your use of our service. As used in these Terms of Use, "Secret Golf service," "our service" or "the service" means the service provided by Secret Golf for discovering and watching TV shows and other audio-visual entertainment, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 135 to resolve any disputes with Secret Golf (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Secret Golf ready devices, you may need to visit https://www.secretgolf.com/TermsOfUse to review these hyperlinked terms.

1. Acceptance of Terms of Use
   1. These Terms of Use, which include our Privacy Policy (https://www.secretgolf.com/PrivacyPolicy), About Cookies and Internet Advertising (https://www.secretgolf.com/cookies), govern your use of the Secret Golf service. By using, visiting, or browsing the Secret Golf service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Secret Golf service.
   2. The Secret Golf service is provided by Secret Golf, Inc.
2. Changes to Terms of Use. Secret Golf may, from time to time, change these Terms of Use, including the Privacy Policy, EULA and Social Terms. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period.
3. Privacy. Personally identifying information is subject to our Privacy Policy (https://www.secretgolf.com/PrivacyPolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
4. Communication Preferences. By using the Secret Golf service, you consent to receiving electronic communications from Secret Golf relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Secret Golf service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Secret Golf. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Secret Golf features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Email preferences" link on the "Your Account" page of our website (https://www.secretgolf.com/account) to manage your Secret Golf communications. Please review our Privacy Policy (https://www.secretgolf.com/PrivacyPolicy) for further detail on our marketing communications.
5. Membership, Billing and Cancellation
6. 1. Membership
      1. Ongoing Membership. Your Secret Golf membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Secret Golf service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Secret Golf by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
   2. Billing
      1. Recurring Billing. By starting your Secret Golf membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Secret Golf service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Secret Golf membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Secret Golf website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
      6. Cancellation. You may cancel your Secret Golf membership at any time, and you will continue to have access to the Secret Golf service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.
7. Secret Golf Service
   1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Secret Golf service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
   2. The Secret Golf service, and any content viewed through our service, are for your personal and non-commercial use only. During your Secret Golf membership, we grant you a limited, non-exclusive, non-transferable, license to access the Secret Golf service and TV shows and other audio-visual entertainment through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
   3. You may view TV shows and other audio-visual entertainment through the Secret Golf service only in geographic locations where we offer our service and have licensed such movie TV shows and other audio-visual entertainment. The content that may be available to watch will vary by geographic location. Secret Golf will use technologies to verify your geographic location. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
   4. We continually update the Secret Golf service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of TV shows and other audio-visual entertainment, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
   5. You agree to use the Secret Golf service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use or for separately paid for digital products), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Secret Golf service without express written permission from Secret Golf Inc. or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Secret Golf service; use any robot, spider, scraper or other automated means to access the Secret Golf service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Secret Golf service; insert any code or product or manipulate the content of the Secret Golf service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Secret Golf service, including any software viruses or any other computer code, files or programs.
   6. The availability of TV shows and other audio-visual entertainment to watch will change from time to time, and from country to country. The quality of the display of the streaming TV shows and other audio-visual entertainment may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability subject to your Internet service and device capabilities. Not all content available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Secret Golf makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a TV shows and other audio-visual entertainment will vary based on a number of factors, including your location, available bandwidth at the time, the TV shows and other audio-visual entertainment you have selected and the configuration of your Secret Golf ready device.
   7. Secret Golf streaming software is developed by, or for, Secret Golf and is designed to enable streaming of content from Secret Golf through Secret Golf ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SECRET GOLF AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Secret Golf service.
   8. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
8. Passwords & Account Access
   1. The member who created the Secret Golf account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Secret Golf account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Secret Golf Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
   2. In order to provide you with ease of access to your account and to help administer the Secret Golf service, Secret Golf implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Secret Golf service, which includes accessing via Secret Golf ready devices or website.
   3. BY SHARING THE SECRET GOLF SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
   4. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Secret Golf website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Secret Golf reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Secret Golf is not obligated to credit or discount a membership for holds placed on the account by either a representative of Secret Golf or by the automated processes of Secret Golf.
   5. Disclaimers of Warranties and Limitations on Liability
   6. THE SECRET GOLF SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SECRET GOLF SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SECRET GOLF DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SECRET GOLF SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SECRET GOLF SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SECRET GOLF READY DEVICES, AND SECRET GOLF SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
   7. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SECRET GOLF, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
   8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
   9. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9. Intellectual Property
   1. Copyright. The Secret Golf service, including all content provided on the Secret Golf service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
   2. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Secret Golf service, please notify us.
10. Governing Law
    1. If you are a resident in Europe, these Terms of Use shall be governed by and construed in accordance with the laws of Luxembourg.
    2. If you are a resident of Brazil, these Terms of Use shall be governed by and construed in accordance with the laws of Brazil.
    3. For all other Secret Golf members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions.
    4. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
11. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Secret Golf service. These Applications may import data related to your Secret Golf account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Secret Golf is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY SECRET GOLF AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
12. Use of Information Submitted. Secret Golf is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Secret Golf service, including the Secret Golf website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Secret Golf service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Secret Golf does not accept unsolicited materials or ideas for TV shows and other audio-visual entertainment, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Secret Golf. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Secret Golf and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
13. Arbitration Agreement
    1. If you are a Secret Golf member in the United States (including its possessions and territories), you and Secret Golf agree that any dispute, claim or controversy arising out of or relating in any way to the Secret Golf service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Secret Golf are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Secret Golf membership.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to Secret Golf, by certified mail, a written Notice of your claim ("Notice"). The Notice to Secret Golf must be addressed to: Chief Executive Officer, Secret Golf Inc., 2995 Woodside Road, Suite 400, Woodside, CA 94062 ("Notice Address"). If Secret Golf initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Secret Golf, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Secret Golf and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Secret Golf may commence an arbitration proceeding or file a claim in small claims court.
    3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Secret Golf receives notice at the Notice Address that you have commenced arbitration, Secret Golf will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
    4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Secret Golf and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Secret Golf's last written settlement offer made before an arbitrator was selected (or if Secret Golf did not make a settlement offer before an arbitrator was selected), then Secret Golf will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
    6. YOU AND SECRET GOLF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Secret Golf agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.