Commercial terms

Rules «Instagolf» and these terms («Commercial terms«) govern the use of «Instagolf» for business, and access to any business or commercial purpose (unless we have indicated that such use of «Instagolf» or access to it is governed by separate terms and these terms and conditions apply).In addition to that use are buying advertising, selling products, managing group company activities, events or brand.You agree to provide to any third party, on behalf of which you use the Product «Instagolf» or access it in any business or commercial purposes (again, unless we have indicated that such use or access is governed by separate terms and these terms do not apply), have committed to abide by the Rules, these business terms and any applicable additional terms.In this case, you represent and warrant that you are authorized to bind such third party obligation to comply with such conditions.

These terms of business require that disputes between you and us were resolved mainly by arbitration on an individual basis, the arbitration award will be binding on both parties.A class action and a trial by jury is prohibited.

  1. Licenses:As described in our terms, you grant us a license to the content subject to intellectual property rights (e.g. photos or videos) that you share, you post or upload to our Product or in connection with it.In the case of any use of the Product «Instagolf» or access it in the business or commercial purposes, this license applies to the content that you or others on your behalf (for example, the Agency that advertises or service provider, managing the content of your Group) provide in the Product «Instagolf» or in connection with the Product.In addition, you must own all the rights or get the rights required to issue the licenses and rights granted to you (or the person acting on your behalf) «Instagolf» in accordance with the Commercial terms and any applicable additional terms, including permission to display, disseminate and distribute your content in the Product instagolf.
  2. Compliance with laws:You represent and warrant that your use of the Product «Instagolf» and access it in the business or commercial purposes comply with all applicable laws, rules and regulations.In addition, you agree to restrict access to your content and applications in accordance with all applicable laws, rules and regulations, including, if necessary, filter by location and age.You have no right to use the Product «Instagolf» or to access it, if applicable law prohibits you to products, services, or software.
  3. Limits of liability:You agree that we are not responsible for the actions, services, content and information of third parties and indemnify us, our officers, employees and agents from any claims and damages, known and unknown, arising out of any of your claims against such third parties or in any way associated with it.This provision supplements the section“Limits of liability”our Rules and does not restrict its meaning.Our aggregate liability arising out of any use of the Product «Instagolf» or access it in the business or commercial purposes, the Rules (governing any use of the Product «Instagolf» or you can access it in the business or commercial purpose), or these terms of business or in connection with the above, shall not exceed 100 (one hundred) euros or the amount you paid us over the last twelve months, whichever sum is greater.
  4. Disputes:
    1. Damages.If any one of the claims, will submit a claim against us or initiated a dispute with us in connection with your services, actions, content or information in the «Instagolf» or with your use of the Product «Instagolf», you agree to compensate and indemnify us from all damages, losses, and expenses of any kind (including reasonable fees and expenses of lawyers) associated with any such claim, lawsuit or dispute.
    2. Resolution of disputesIf you reside or your company is located outside of the Republic of Bulgaria: You agree that any dispute between us, claim us, which may arise from the use of Products «Instagolf»in a business or commercial purpose or access thereto for such purposes, subject to review exclusively in the Burgas district court that you submit to the personal jurisdiction of any such courts for the purpose of considering any such claim, and that these terms of business and any such claim is governed by the laws of the Republic of Bulgaria without regard to its conflict of law provisions.If you reside or your company is in the Republic of Bulgaria: You and we agree on the resolution of any claim, claim or dispute between you and us arising out of any use of Products «Instagolf» or access for business or commercial purposes or in connection with the above («commercial claim»), by arbitration.This provision does not apply to any commercial claims in respect of the infringement of your or our intellectual property rights, including, inter alia, violations of copyrights, patents, trademarks, directions for use and brands violations in connection with your or our confidential information or trade secrets, attempts to interfere in our Products or unauthorized interaction with them (for example, using automated means).You and we agree that, by entering into this arbitration clause, all the parties waive their rights to dispute a jury and to participate in class and representative claims.THE PARTIES AGREE THAT EACH OF THEM IS ENTITLED TO FILE COMMERCIAL CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS BUT NOT AS A PLAINTIFF OR PARTY TO ANY PROSPECTIVE GROUP REPRESENTATIVE ACTION OR CLAIM FILED IN THE PUBLIC INTEREST.You can apply for commercial claims only on their own behalf and are not entitled to make demands that will affect other parties.Commercial claim (or petition) may be filed with the court only when there is final judicial determination that a particular commercial claim (or petition) is not subject to review by arbitration in accordance with the limitations provided for in this paragraph.The present paragraph continues to apply to any other commercial claims (or petitions).The interpretation and enforcement of this arbitration clause governed by the Federal law of the Republic of Bulgaria «On arbitration».The arbitrator shall decide all questions, except questions concerning the validity or the enforceability of this arbitration clause and to the interpretation of the prohibition of class and representative actions.These issues can only be decided by the court.If any party wishes to seek arbitration to resolve the dispute, it must send the other party written notice.Address «Instagolf» for the notification of disputes: Republic of Bulgaria, Sunny Beach 8320 Arbitration governed by the commercial arbitration Rules of the AAA («AAA Rules») subject to the changes made to these terms and conditions, under the supervision of AAA.If the appeal to the AAA impossible, the parties shall jointly select another arbitration organization, otherwise it will be appointed by the court.The arbitrator is not bound by the decisions in other arbitration proceedings, a party to which you are not.To the maximum extent permitted by applicable law, any evidence submitted in arbitration will be kept confidential in the absence of a compelling reason for their disclosure.The decision of the arbitrator will be kept confidential only to the extent necessary to protect trade secrets or business information belonging to any of the parties or to comply with legal requirements for confidentiality.Each party is responsible for paying any fees for filing a claim, administrative expenses and fees of the arbitrator in accordance with AAA Rules.However, we pay fees for filing, administrative expenses and fees of the arbitrator, if the amount of your commercial claim for damages does not exceed 75,000 Euros and such a claim is not unreasonable.If you are willing to assume the obligations under this clause (including the waiver of class and representative actions), you must notify us as described below within 30 days from the date of first adoption of any version of these terms and conditions containing the arbitration clause.Address «Instagolf» for sending notifications about the refusal in accordance with this subsection: Republic of Bulgaria, Sunny Beach 8320.All commercial lawsuits related to the dispute between you and us, regardless of their jurisdiction, arbitration, governed by the laws of the Republic of Bulgaria without regard to its conflict of laws rules, except when it is contrary to Federal law or when Federal law would prevail.If a commercial lawsuit between you and us is not subordinate to the arbitration, you agree that such claim is subject to consideration exclusively in the Burgas district court, and that you submit to the personal jurisdiction of any of those courts for the purpose of considering any such claim.If any provision of this section on dispute resolution will be declared unenforceable, such provision will be severed and the other provisions of the section on dispute resolution will remain in force.
  1. Update.you may need to update these terms and conditions, including to accurately reflect the use of our Product or access it in the business or commercial purposes, we therefore recommend that you regularly review this document periodically for changes.By continuing to use the Product «Instagolf» or to access it in the business or commercial purposes after any update notifications to these terms and conditions, you agree to comply with Commercial terms as amended.Any updates in the section “Disputes” of these terms and conditions apply only to disputes arising after notice of such update.If you do not agree to the updated terms, stop using our Product and access it in the business and commercial purposes.
  2. Inconsistencies and additional terms:In case of discrepancy between the Commercial terms and conditions «Instagolf» Commercial terms shall prevail in respect of your use of the Product «Instagolf»and access it in the business or commercial purposes, in part for this discrepancy.If those additional terms do not correspond to the Commercial terms, such additional terms shall prevail in respect of your use of the various services «Instagolf» in part for this discrepancy.Example.
    1. Your ad placed in «Instagolf» must comply withthe advertising policies.
    2. Group administrators accept ourusage Policy Communities
    3. In the case of using any service that «Instagolf» offers to sellers for display promote sales and(or) sale of goods to the users, you agree to ourAgreement on trade products for sellers.
  1. We may amend these additional terms in the manner prescribed for Commercial terms.By continuing to use any service «Instagolf», subject to the additional terms, or by accessing such services after notification of any updates to the additional terms, you agree to comply with such conditions as amended.
  2. Other provisions
    1. Rules «Instagolf», these business terms and any other applicable additional terms constitute the entire agreement between the parties relating to the use of the Product and services «Instagolf» and accesses in any business or commercial purposes, and supersede all prior agreements.
    2. If any part of these Commercial terms is held to be unenforceable, then (unless specified otherwise), such part will be severed and the other provisions will remain in force.
    3. If we do not seek enforcement of any provision of these terms of business, it is not considered a waiver.
    4. Any amendments to these General terms and conditions or a waiver must be in writing and signed by us.
    5. You will not transfer your rights or obligations under these business terms to another party without our consent.
    6. These terms of business do not give any rights to third party beneficiaries.
    7. You agree that «Instagolf» can reveal your advertising and publishing Communities («commercial content») and all information associated with this content of your advertising, including information associated with displaying such content in response to valid subpoenas on the electoral question or state body or Agency, if «Instagolf» deems that the disclosure will help lawful investigation.
    8. All of our rights and obligations under these General terms and conditions are freely transferable by us in connection with a merger, acquisition, or sale of assets, operation of law or otherwise.
    9. No provisions of these terms and conditions do not impede compliance with legislation.
    10. We reserve all rights not expressly granted to you.