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  • Black Tie Tournaments’ The Outing Calendar Privacy Policy

    Last revised 06-18-2015

    This Privacy Policy of Black Tie Tournaments Corporation (“Black Tie” or “we” or “us”) is for use in connection with http://theoutingcalendar.com/ and all its subdomains as well as its mobile applications (collectively the “Site”). It is important that you understand what information we collect when you visit the Site from a computer or a mobile device and what we may do with that information. This Privacy Policy covers the collection of data from the Site as well as applications on mobile devices.

    By using the Site you consent to the terms of this Privacy Policy, and you signify your assent to all of the terms of this Privacy Policy and our Terms of Service. Do not use the Site or submit any personal information, or Content of any kind, if you do not agree with any terms of this Privacy Policy or our Terms of Service.

    Black Tie is dedicated to providing a mutually enjoyed experience for our Organizations, Players and Golf Clubs. We understand your personal information is of value and important and we take the privacy of our user’s very seriously. All reasonable measures are taken to ensure that the privacy of Content is protected.

    Information Collection

    We collect and store a variety of information you submit to the Site or give us in other ways as described below. Some is information is personal and some is not. The information we collect is utilized for security and login; membership and processing of billing; the creation of custom user profiles that are meaningful and rewarding for the user; to improve the Site and, most importantly, to improve your user experience. Personally identifiable information (“PII”) is never sold or provided to advertisers. Black Tie respects the privacy of our users’ information. There are also very limited circumstances where we may be required to share certain PII (such as when required by law) these situations are described in Use of PII.

    • “Personally Identifiable Information” (or PII) defined.
      • Information such as your name, email address, image, or information that can be used to identify you when combined with other information, is “personally identifiable information.”
    • Collection of PII.
      • During the registration process we may collect your name, email address, date of birth or other PII.
      • We may occasionally ask you for other PII, such as contact information (mailing address and phone number) or demographic information (zip/postal code or region, hometown, gender, or education level). We may ask for this information from you in order for you to use the Site beyond just browsing, such as when you register for your Account, or for other purposes which we will disclose to you at the time we collect such PII.
    • Information that is not PII.
      • Information that is gathered when you visit the Site is not necessarily PII. Information that doesn’t identify you personally, such as your IP address, operating system, browser type and language, date and time of your visit, ISP, referring URL, the search term that led you to the Site, your geographic region, the type of content you view, etc. is not PII.
      • We may assign your computer one or more cookies which may collect information about how you use the Site; we may also use standard Internet tools, such web beacons or cookies, which collect non-PII and track your use of our website. This information is not PII.
    • Opt-out of PII collection.
      • You are not required to provide PII when visiting the Site, however many of the features of the Site may not be available to you if you choose not to create an account or, at other times, not to provide certain requested information.
    Use of PII

    We use the PII requested at registration to provide you the services offered on the Site, including image, photo, video and audio hosting and sharing. We will only share your PII with third parties in extremely limited circumstances. Black Tie may disclose your PII: (a) when we are legally required to do so; (b) to protect the interests or safety of the Site, Black Tie or Site users; (c) to another company if we are bought.

    • Improving the Black Tie experience.
      • Our goal is to provide you with the best user experience possible. We may provide non-personal information to analytics companies, affiliates, trusted partners and third parties in order to help us improve your experience by understanding how you use the Site.
    • Advertising.
      • Black Tie will never provide your PII to an advertiser when you interact with or view an advertisement. Black Tie may target advertising based on personal information provided by users as well as from site usage. Your PII, however, is never provided or sold to advertisers. Information used by advertisers may include gender, age, geographic or other data. Note that by interacting with or viewing an advertisement on the Site you are consenting to the possibility that the advertiser may assume that you meet the criteria used to display the targeted advertisement.
      • By using the Site you consent to Black Tie sharing non-personal information we collect from you and other users with advertisers, affiliates, trusted partners and third parties so that they display advertising of interest to users of the Site. We may anonymously aggregate your PII with information from other users and use and/or share the resulting non-PII with third parties. In doing so we will make your information non-personally identifiable by removing any characteristics that would identify it as you including your name.
    • Cookies.
    • Your email address.
      • Black Tie uses your email address to contact you regarding your account. Black Tie will also send you marketing and promotional materials about Black Tie, the Site, and other services.
    Public Information on the Site

    Certain activities that you choose to participate in on the Site may be public. This includes, but is not limited to, linking your account with other social media platforms, and clicking through to other sites or to advertisements.

    A brief explanation of some forms of information that may be displayed publicly is found below:

    • Clicking through.
      • Our Privacy Policy applies only to Black Tie and our Site. Other sites that our Site may link to or integrate with may have information practices different than ours. Always read the privacy notice of the other site before you click through.       We neither control nor are responsible for information that is submitted to or collected by other sites.
    • Advertisements.
      • Our Site may feature advertisements served by others to our Site. Advertisers and ad servers may utilize their own cookies, web beacons, or pixels. Advertisers and ad servers may also collect non-PII such as your IP address and your viewing habits of the advertisement. Black Tie is not responsible for these cookies or any data collected through use of these cookies, web beacons, or pixels.       The advertisement service providers are solely responsible for the information they collect and how they use that information.
    Additional Information
    • Users outside of the United States.
      • Users outside of the United States may have their information stored in the United States or in other countries.       Data protection laws vary between nations and the laws of other nations may not reflect the laws in the United States. By using the Site you consent to your information being collected, used and/or transferred as set forth in this Privacy Policy. Information transferred to or stored in the United States may be subject to access requests from U.S. governments, agencies, courts, law enforcement officials and national security authorities in the United States according to United States laws.
    • Users must be age 18 or older.
      • You may not register to use this Site if you are under the age of 18. Black Tie will never knowingly open an account and collect personal information from children under the age of 14. The parent or guardian of any child believed to have opened an account and provided us with personal information in violation of this policy may contact us to delete the account and any such information.
    • Changes to this policy.
      • This Privacy Policy is subject to change. Your continued use of the Site constitutes your consent to the current Privacy Policy including any and all updates or changes to this Privacy Policy. We will post a notice on the Site when there are material changes in the way we treat your PII. It is your responsibility as a user of the Site to periodically check back and review this Privacy Policy in order to be aware of what information we collect, how we use it, and with whom we share it.
    Security

    Black Tie takes the protection of your personal information very seriously. We utilize reasonable and appropriate security measures to help protect the information under our control. All third-party vendors working with us are carefully screened to ensure the security of your data and personal information. Our data storage partners are regarded as having among the highest security standards in the industry. However, no Internet data transmission can be guaranteed to be completely secure.

    • We make every effort to ensure the security of your communications on our systems through the use of physical, organizational, and technological safeguards. All measures taken to protect your personal information are relative and appropriate to the sensitivity of such information.       All safeguards are designed to protect against unauthorized use access, disclosure or use of the personal information collected on the Site. Please be aware that despite our best efforts, we cannot warrant that the information you transmit to us will stay safe and secure. All information provided to us is provided at your own risk.
    • Black Tie may store your information, in whole or in part, on equipment or in facilities leased or licensed from other vendors or entities. We rely on the safety and security statements of such vendors with regard to their storage equipment and services. By using the Site, you agree that Black Tie is not responsible for any issues related to the storage equipment and services of other vendors or entities, including, but not limited to, the release, loss or corruption of your data. You also agree that you will seek remedy from the vendors or entities for any such issue and not Black Tie.
    Personal Information Retention

    We will only retain your personal information so long as it is necessary for the purposes it was collected, for the products and services that you use, or to meet any and all legal requirements. Our retention standards meet these requirements. Your personal information will be deleted when it is no longer needed for any of these purposes.

    Contact Us

    We value the connection we have with our users and we want to make sure that you are comfortable with this Privacy Policy and all other policies in effect on the Site. If you have any questions regarding this Privacy Policy, the information that you have submitted to us, or if you would like to do any of the following:

    • see personal information that you have sent us in order to correct or update it, or delete your personal information from our files;
    • if your child has opened an account and sent us personal information and you would like to delete that personal information from our files;
    • ask that we not send you mailings or otherwise contact you; or
    • report any violation of this Privacy Policy,

    you can contact us at:

    http://theoutingcalendar.com/contact/
  • Terms of Service

    Last revised 06/18/2015

    These terms and conditions (the “Terms of Service”) govern your access to and use of Black Tie Tournament’s website or mobile applications (collectively, the “Site”) that link to or reference these Terms of Service (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms of Service and entering a legally binding contract with Black Tie Tournaments Corporation, (“Black Tie”). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.

    1. DEFINITIONS

    A. Parties

    “You” and “your” refer to you, as a Membership Account user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We”, “us”, and “our” refer to Black Tie.

    B. Content

    “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication, including Club Information, Player Information, and Outing Information. “Your Profile Content” means Content that you submit or transmit to, through, or in connection with the Service, such as information that you display in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service, including text, images, photos, audio, video, location data and other forms of data submitted by you. “Black Tie Content” means Content that we create and make available in connection with the Service; namely the Outing Calendar. “Third Party Content” means Content that originates from parties other than Black Tie or its users, which is made available in connection with the Service. “Site Content” means all of the Content that is made available in connection with the Service, including Content, Your Profile Content, Third Party Content, and Black Tie Content. “Your Content” means Club Information, Player Information, Your Profile Content, or any other information or Content you provide to Black Tie at any time and in any form.

    2. CHANGES TO THE TERMS OF SERVICE

    We may modify the Terms of Service from time to time at our sole discretion. When changes are made, we will notify you by making the revised version available on this webpage, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modifications.

    3. USING THE SERVICE

    A. Eligibility

    To access or use the Service, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service on behalf of yourself, Golf Club, or Outing. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account. We reserve the right to suspend, close or remove any account that does not meet this requirement.

    B. Permission to Use the Service

    We grant you permission to use the Service subject to the restrictions, policies and provisions of these Terms of Service. Your use of the Service is at your own risk.

    C. Site Availability

    The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    D. User Accounts

    In order to use Black Tie’s Outing Calendar and Service, you must register in one of the following categories which best fits your status: 1) Player Account; 2) Golf Club Account; 3) Outing Account. Black Tie will provide you with credentials to access the Service and those features of your type of account: for example, for Golf Club Account members you will have access to an online portal to assist in booking and planning golf event specifics; and for Outing Account members and Player Account members you will have access to other features on the Outing Calendar.

    Membership will be offered to such individuals, organizations, and golf clubs as Black Tie determines appropriate in its discretion, and who are approved for membership by Black Tie, subject to the eligibility requirements specified hereinafter.

    You must create an account and provide certain information about yourself, organization, or golf club in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

    Your membership begins upon your receipt of an email confirmation of your completed registration. Black Tie may elect not to renew this Agreement, and either party may terminate at any time and for any reason whatsoever. Black Tie shall have sole and absolute discretion in any termination decisions.

    Types of Membership Accounts:

    i. A “Player Account” is an account for golf player’s personal use only. In creating a Player Account, we ask that you provide complete and accurate information about yourself. To create a Player Account you must have a valid email address; and a valid form of personal identification (“Eligibility Requirements”). If you do not meet the Eligibility Requirements, you may not register a Player Account to use the Service. If at any time you no longer meet the Eligibility Requirements as described above, you must terminate your Player Account and no longer use the Site or Services. You shall update and maintain truthfulness, accuracy and completeness of such information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Player Accounts. Please read our Privacy Policy for more information.

    You grant to Black Tie, its licensees, successors and assigns and those acting under their permission or upon their authority, a perpetual and royalty free license to use of your name, likeness, photographs, images and depictions of you, and all other identifying features (collectively, the "Player Information") in and in connection with the Services, in our sole discretion. In addition, your approval allows Black Tie to include your Player Information in other communication materials (video, audio, electronic broadcasts, print promotion and advertising) for advertising and to further increase awareness of the Outing Calendar and you among Outing Calendar users.

    In order to ensure the accuracy of the information, you agree to provide Black Tie with current Player Information and with any subsequent changes. By agreeing to these Terms of Service, you indicate that the use granted is indemnified and held harmless from any third party rights and/or claims, without waiver of any legal privileges.

    Other than the rights granted here, Black Tie acknowledges that it has no other rights in your Player Information.

    ii. A “Golf Club Account” is an account for authorized representatives of a golf club seeking to advertise its golf course, facilities, and services for outings and for Outing Account members’ hosted golf outings. As a Golf Club Account member you must be registered to do business with the state in which the golf club is located and your daily services are performed; the golf club must possesses and maintain all required insurance policies and minimums, as well as all federal, state, municipal permits (“Eligibility Requirements”). If you or your golf club do not meet the Eligibility Requirements, you may not register as a Golf Club Account to use the Site or Services. If at any time you no longer meet the Eligibility Requirements as described above, you must terminate your Golf Club Account and no longer use the Site or Services. In creating a Golf Club Account, we ask that you provide complete and accurate information about yourself as the golf club’s representative and about the Golf Club Account member. You may not impersonate someone else, create or use an account for anyone or any other golf club other than yourself or the golf club you represent. Please read our Privacy Policy for more information.

    As a Golf Club Account, you grant to Black Tie, its licensees, successors and assigns and those acting under their permission or upon their authority, a perpetual and royalty free license to use of your name, and the trademark(s), copyright(s), artwork, tagline(s), insignia, indicia, servicemark(s), tradename(s), golf club description, contact information, logo(s), photographs, images and depictions of your golf club and golf course, and all other identifying features (collectively, the "Club Information") in and in connection with the Services, in our sole discretion. In addition, your approval allows Black Tie to include your Club Information in other communication materials (video, audio, electronic broadcasts, print promotion and advertising) for advertising and to further increase awareness of the Outing Calendar and you and your golf club among Outing Calendar users.

    In order to ensure the accuracy of the information, you agree to provide Black Tie with current Club Information and with any subsequent changes. By agreeing to these Terms of Service, you indicate that the use granted is indemnified and held harmless from any third party rights and/or claims, without waiver of any legal privileges.

    Other than the rights granted here, Black Tie acknowledges that it has no other rights in your Club Information.

    iii. An “Outings Account” is an account for authorized representatives of organizations which seek golf clubs, golf courses and related services for golf outings. As an Outings Account member you must be registered to do business with the state in which your organization is located and your services are performed; your organization must possess and maintain all required insurance policies and minimums, as well as all federal, state, municipal permits (“Eligibility Requirements”). If you do not meet the Eligibility Requirements, you may not register your outings as an Outings Account to use the Site or Services. If at any time you no longer meet the Eligibility Requirements as described above, you must terminate your Organization Account and no longer use the Site or Services. In creating an Outing Account, we ask that you provide complete and accurate information about yourself as the Outing’s representative and about the Outing. You may not impersonate someone else, create or use an account for anyone or any other Outing or organization other than yourself; the Outing or organization you represent. Please read our Privacy Policy for more information.

    You grant to Black Tie, its licensees, successors and assigns and those acting under their permission or upon their authority, a perpetual and royalty free license to use of your name, and the trademark(s), copyright(s), artwork, tagline(s), insignia, indicia, servicemark(s), tradename(s), description of your organization, contact information, logo(s), photographs, images and depictions of your organization, information about your outing(s), the outing and related events, and any media you provide to us, including print, still and video images (collectively, the "Outing Information") in and in connection with the Services, in our sole discretion. In addition, your approval allows Black Tie to include your Outing Information in other communication materials (video, audio, electronic broadcasts, print promotion and advertising) for advertising and to further increase awareness of the Outing Calendar and among Outing Calendar users.

    In order to ensure the accuracy of the information, you agree to provide Black Tie with current Outing Information and with any subsequent changes. By agreeing to these Terms of Service, you indicate that the use granted is indemnified and held harmless from any third party rights and/or claims, without waiver of any legal privileges.

    Other than the rights granted here, Black Tie acknowledges that it has no other rights in your Outing Information.

    E. Communications from Black Tie and other Users

    By creating an account, you agree to receive certain communications in connection with the Service. For example, Black Tie may contact you regarding payment information. You may also periodically receive our newsletter about the Black Tie service.

    CONTENT

    F. Responsibility for Your Content

    You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Black Tie.

    You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We are not liable for Your Content in any way.

    G. Our Right to Use Your Content

    We will never sell Your Content to others . In order to provide you with a quality user experience we may use Your Content in a limited number of ways, including displaying, reformatting, or creating derivative works from Your Content. We may use Your Content in concert with content from other users in order to create, record, process or mine anonymized data packages. Anonymized data packages may be used or sold to our marketing partners and third-party advertisers. Anonymized data packages will never include your PII and will never identify you personally. We will never sell or provide your PII to any third-party advertiser. You hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any and all purposes as discussed in the Terms of Service.

    Finally, you irrevocably waive, and cause to be waived, against Black Tie and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

    H. Ownership

    As between you and Black Tie, you own Your Content. We own the Black Tie Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Service excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Black Tie Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Black Tie Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Black Tie Content are retained by us.

    I. Advertising

    Black Tie and its licensees may publicly display advertisements and other promotional information on the Service, including the use of Your Content. You are not entitled to any compensation for such use. The manner, mode, and extent of such use is subject to change without specific notice to you.

    J. Appearance Release:

    You hereby irrevocably consent and grant to Black Tie, its licensees, successors and assigns and those acting under their permission or upon their authority (collectively, “Black Tie”), permission to photograph, film, videotape, edit and/or otherwise record your appearance, the appearance of players and their guests, the outing, images, names, voices and likenesses at any Outing Calendar Outing Event (“Appearance”) and to copyright, distribute, publish or use in any way such Appearance as photographed, filmed, videotaped or otherwise recorded, at Black Tie’s discretion, for any purpose whatsoever including, without limitation, in and in connection with the Service and the advertising, merchandising, publicity and promotion therefore, in any and all manner and media now known or hereafter devised throughout the universe in perpetuity without compensation therefore. You hereby waive any right that you may have to inspect or approve any finished product or any advertising/promotional copy that may be used in connection with any such Appearance or the use to which it is applied. You understand and agree that Black Tie shall retain final editorial, artistic and technical control of such content.

    You hereby assign all right, title and interest you may have in and to any footage, negatives and prints made in connection with the Appearance, including without limitation, all copyrights in the Appearance (and all renewals and extensions thereof), to Black Tie, along with full rights of assignability and the unlimited right to edit, rearrange, modify, add to, and delete from the Appearance. You hereby waive the benefits of any provision of law known as “droit moral”, “moral rights” or any similar law in any jurisdiction of the universe.

    You hereby release and forever discharge and agree to save and hold harmless Black Tie and Black Tie’s officers, directors, employees and agents from and against any and all losses, damages, claims, liabilities or expenses (including attorneys’ fees) of any kind or nature (and whether accruing to you, your heirs or any personal representative) that are caused or alleged to be caused in whole or in part by your action, negligence, fault, omission, failure to act or by your breach or alleged breach of these Terms of Service or that arise out of or in connection with the photographing, filming, videotaping or recording of the Appearance.

    K. Other

    We reserve the right to remove, screen, edit, or reinstate Content from time to time at our sole discretion and without notice to you. For example, we may remove a photograph if we believe it violates our Terms of Service. We have no obligation to retain or provide you with copies of Content, nor do we guarantee any confidentiality with respect to Content.

    4. We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.

    5. ACCOUNT MEMBERS’ REPRESENTATION AND WARRANTY In connection with use of the Service, You represent and warrant to Black Tie that You:

    i. meet the above Eligibility Requirements for Account membership;

    ii. will not engage in activities that harm Black Tie, or other Account Members;

    iii. will not use the Service in any way that could interfere with the rights of Black Tie or the rights of other users of the Service;

    iv. will abide by the letter and spirit of the terms and conditions of these Terms of Service and all applicable local, state, national, or international laws;

    v. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Black Tie in connection with the Service;

    vi. agree not to sell or assign your rights or obligations under this Agreement;

    vii. agree not to impersonate any person or entity or falsely state or otherwise misrepresent Player Member's affiliation with any person or entity; intentionally omit, delete forge or misrepresent transmission information, including any headers, return mailing, and Internet Protocol addresses; or otherwise manipulate any identifiers in order to disguise the origin of any Player Member content transmitted through the Service;

    viii. will not reproduce, duplicate, copy sell or exploit any Content, unless specifically authorized by Black Tie to do so;

    ix. will not promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

    x. will not sell, distribute, disseminate or link to any sites for marketing, sales, or distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) any Account member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via a an Account member’s site could cause Black Tie to violate any law, statute or regulation;

    xi. will not post or disclose any personal or private information or images about children or any third party without their express written consent (or a parent's express written consent in the case of a minor), or engage in any activities that would violate the personal privacy rights of others;

    xii. are free to enter into these Terms of Service and to grant the rights herein granted without violating the rights of any third party;

    xiii. will not encourage, permit or enable any of your representatives, agents, employees, affiliates, customers or any other third party to do any of the foregoing; and

    xiv. are not subject to any obligation which will or might hinder or prevent the full completion and performance of all of the covenants and conditions to be kept and performed by you hereunder.

    6. NOTICE OF PRIVACY POLICY

    A. Privacy

    You represent that you have read and understood our Privacy Policy [A1] . Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.

    Black Tie may store your information, in whole or in part, on equipment or in facilities leased or licensed from other vendors or entities. We rely on the safety and security statements of such vendors with regard to their storage equipment and services. By using the Service, you agree that Black Tie is not responsible for any issues related to the storage equipment and services of other vendors or entities, including, but not limited to, the release, loss or corruption of your data. You also agree that you will seek remedy from the vendors or entities for any such issue and not Black Tie.

    7. SUGGESTIONS AND IMPROVEMENTS

    By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback, without compensation to you.

    8. THIRD PARTIES

    The Service may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

    Some of the services made available through the Service may be provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.

    9. INDEMNITY

    You agree to indemnify and hold Black Tie, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third-party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity. Black Tie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Black Tie. Black Tie will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

    10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BLACK TIE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “BLACK TIE ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

      1. THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
      2. THE BLACK TIE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE BLACK TIE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.
      3. THE BLACK TIE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE BLACK TIE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, OR THE SAFETY OR SECURITY OF THE SERVICE.
      4. THE BLACK TIE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
      5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
      6. THE BLACK TIE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BLACK TIE ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
      7. THE BLACK TIE ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF BLACK TIE OR ANY THIRD-PARTY, OR (v) LOSS OF INFORMATION OR DATA.

    11. CHOICE OF LAW AND VENUE

    Connecticut law will govern these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Black Tie (a Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN THE STATE OF CONNECTICUT.

    12. TERMINATION

      1. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing Black Tie with a notice of termination. If you close your account, we reserve the right to continued use of Your Content as we deem it appropriate (for example, we may continue to use Your Content in various ways).
      2. Periodically we will review Your Content to ensure that you have not violated these Terms of Service or the Privacy Policy. We reserve the right to terminate your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind.
      3. We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.

    13. GENERAL TERMS

      1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
      2. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Service.
      3. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third-party.
      4. The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
      5. Any failure on Black Tie’s part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
      6. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
      7. The Terms of Service are not assignable, transferable or sublicensable by you except with Black Tie’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

    The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.