Terms & Conditions

Terms of Service

These Terms of Service (“Agreement”) are a legally binding agreement between you (“User”) and Malaska Creative Partners, LLC (“Company,” “we,” “us,” or “our”), which operates the Malaska Golf platform, including websites and applications (the “Service”).

By creating an account or using the Service, you agree to this Agreement.

1. Acceptance of Terms

By accessing or using the Service, you:

• agree to be bound by these Terms
• consent to electronic contracting

We may update these Terms at any time. Continued use after updates constitutes acceptance.

You may terminate this Agreement at any time by deleting your account.

2. Eligibility and Accounts

You must be at least 16 years old (or the age of majority in your jurisdiction).

You agree to:

• provide accurate account information
• maintain the confidentiality of your credentials
• accept responsibility for all activity under your account

If you are a parent or guardian allowing a minor to use the Service, you agree to supervise and accept responsibility for their use.

3. Privacy

Your use of the Service is subject to our Privacy Policy.

Certain content providers, coaches, or program producers (“Producers”) may receive access to limited account information and activity related to programs you purchase or engage with.

You acknowledge:

• Producers are independent parties
• We are not responsible for their data handling practices

4. Program Access and Purchases

We offer the following access types:

Rental

Limited-time streaming access during the rental period.

Purchase

Ongoing access to stream content and, where permitted, download content.

Subscription

Recurring billing for access to content libraries or channels.

Billing Terms

• All purchases are final and non-refundable, unless explicitly stated otherwise
• Subscriptions automatically renew until canceled
• You may cancel subscriptions through your account settings
• In-app purchases are billed through the applicable platform (Apple, Google, etc.), not directly by us

5. License and Intellectual Property

We grant you a limited, non-exclusive, non-transferable license to:

• stream and access content
• download content where permitted

You may NOT:

• resell or redistribute content
• use content commercially
• publicly perform content
• create derivative works

All content remains the property of the Company or its licensors.

User Content

If you submit content (comments, uploads, etc.), you grant us:

• a worldwide
• irrevocable
• royalty-free license

to use, display, and distribute that content in connection with the Service.

6. Acceptable Use

You agree not to:

Content Violations

• infringe intellectual property rights
• post defamatory, abusive, or harmful content
• promote violence, terrorism, or illegal activity
• exploit or harm minors

Technical Violations

• scrape or extract data
• reverse engineer the Service
• bypass security mechanisms
• introduce malicious code

We reserve the right to suspend or terminate accounts for violations.

7. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

We make no warranties regarding:

• availability or uptime
• content accuracy or suitability
• uninterrupted access

Your use of the Service is at your own risk.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability is limited to the greater of:
  • $100 USD
  • or the amount you paid in the last 12 months

We are not liable for:

• indirect
• incidental
• consequential
• or punitive damages

9. Indemnification

You agree to indemnify and hold harmless:

• the Company
• its affiliates
• officers and employees

from any claims arising from:

• your use of the Service
• violation of these Terms
• infringement of rights
• your submitted content

10. Arbitration; Class Action Waiver

All disputes will be resolved through binding arbitration administered by JAMS.

You agree to:

• waive the right to a jury trial
• waive participation in class actions

Arbitration will occur:

• in your local jurisdiction for consumer disputes
• otherwise in New York County, NY

You may bring eligible claims in small claims court.

11. Governing Law

This Agreement is governed by the laws of the State of New York.

If arbitration is found unenforceable, disputes will be resolved exclusively in courts located in New York County, NY.

12. General Terms

• Failure to enforce any provision does not waive rights
• If any provision is invalid, the remainder remains in effect
• This Agreement constitutes the entire agreement between you and the Company

Contact

Malaska Golf
c/o Malaska Creative Partners, LLC
PO Box 1511
Belgrade, MT 59714
support@malaskagolf.com