Last revised 06/11/2015
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.
“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.
“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
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
A. 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).
C. 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
A. 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.
B. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Service.
C. 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.
D. 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.
E. 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.
F. 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.
G. The Terms of Service are not assignable, transferable or sub-licensable 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.
H. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.