Thank you for visiting taptotee.com (the “Site”), which is owned and provided by T2T, Tap To Tee, operated by Atlas Golf T2T, LLC (“T2T”).
1. MEMBER ACCOUNTS – In order to use certain features of the Site, you may need to create an account (“Member Account”). You may never use another’s Member Account without permission. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. INTELLECTUAL PROPERTY OWNERSHIP –
(a) As between T2T and you, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by T2T or used with permission or under license from a third party (each an “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. T2T may revoke any of the foregoing rights and/or your access to the Site, including by blocking of your IP Address, at any time without prior notice.
(b) To the extent the Site provides any functionality that allows you to upload any content, images, text, or other materials (“User Content”), you retain ownership of your User Content but you grant T2T and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your User Content, solely in connection with the Site (including without limitation for purposes of promoting the Site). Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through the Site are not proprietary to you, and can be used by T2T and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of T2T. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your User Content, and (ii) your User Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
3. LIMITED USE; RESTRICTIONS ON USE – No other use of the Site or Content is authorized. Framing of the Site or Content or posting Content on other web sites is strictly prohibited. The use or misuse of any Content, except as provided in the Terms of in the Content, is strictly prohibited. You shall not, without T2T’s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) use any tradename, trademark, or brand name of T2T in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (f) use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to T2T, the Owner, or any third party referenced therein. You shall use the Content, and/or any services and products on the Site or accessible via the Site for lawful purposes only. T2T reserves all other rights. You do not acquire ownership rights to any Content viewed or accessed, and T2T’s posting of the Content on the Site does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
4. ACCEPTABLE USE – Your use of the Site is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
(a) You shall not upload to, transmit through, or display via the Site any User Content that: (i) that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate information; (v) makes any statement, express or implied, that you are endorsed by T2T; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) discloses the private information of any third party; or (viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose T2T, any of its officers, directors, or employees, or other users to any harm or liability of any type.
(b) You shall not use the Site to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user’s account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
(c) You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; (iii) “frame” or “mirror” any portion of the Site, or link to any Material other than via the homepage of the URL located at http://www.truffl.la/ or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (v) harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law. T2T does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and T2T expressly disclaims any and all liability in connection with User Content. T2T does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and T2T reserves the right to remove Content without prior notice and/or to terminate a User’s access to the Site, if the User has been notified of infringing activity and has had Content removed from the Site more than twice. T2T also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.
(d) T2T may take down any User Content that it determines, in its sole discretion, is not in compliance with all applicable alcohol industry codes, rules and regulations, including without limitation, the Beer Institute’s Advertising and Marketing Code, the Code of Good Practice for Distilled Spirits Advertising and Marketing, the Wine Institute’s Code of Advertising Standards, the Beer Institute’s Advertising and Marketing Code and Buying Guidelines and DISCUS’ Code of Responsible Practices for Beverage Alcohol Advertising and Marketing and Buying Guidelines and for any readily apparent violations of these Terms or illegal content. Notwithstanding the foregoing, you acknowledge that T2T is under no obligation to edit or modify User Content or decide any dispute or disagreement between posters and shall have no liability to you for any User Content. T2T reserves the right, in its sole discretion, to refuse to post or remove any User Content.
8. DIGITAL MILLENNIUM COPYRIGHT ACT – T2T is committed to respecting and protecting the legal rights of copyright owners. As such, T2T adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to T2T’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
T2T’s Copyright Agent to receive DMCA Takedown Notices is:
Atlas Golf Company, LLC – DBA Tap To Tee
115 West Canon Perdido Street, Santa Barbara, CA 93101
ARBITRATION; APPLICABLE LAW.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for a claim by T2T of infringement or misappropriation of T2T’s patent, copyright, trademark, or trade secret, any and all disputes between you and T2T arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND T2T ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND T2T 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and T2T must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Santa Barbara, CA. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Santa Barbara, California. Claims of infringement or misappropriation of T2T’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Santa Barbara, California.
The laws of the State of California, excluding its conflicts of law rules that would result in the laws of a State other than California, govern this license and your use of the Site.
10. DISCLAMERS – Without limiting the foregoing, the SITE, Content and all other features on the Site are provided to you “AS IS” AND “AS AVAILABLE” without warranty of any kind with respect to the Site and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then T2T hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from T2T, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, T2T does not make any warranties that the Site will be uninterrupted, secure or error free or that your use of the Site will meet your expectations, or that the Site, Content, or any portion thereof, is correct, accurate, or reliable. T2T reserves the right to change any part of the Site at anytime without notice.
12. ASSIGNMENT – The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by T2T without restriction.
13. NOTICE – From time to time, T2T may revise the Terms. To help you stay current of any changes, T2T notes the date the Terms was last updated below. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised Terms. T2T strongly recommends checking Terms periodically.
14. MISCELLANEOUS – T2T’s failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.