TERMS OF SERVICE

TRUFFL.LA Terms of Use  ‚Äč& Code of Conduct

Thank you for visiting www.truffl.la (the “Website”), which is owned and provided by Company, Truffl, LLC, (including its affiliates) (“Company”). Your use and access of the Website is governed by and subject to the following terms and conditions (“Terms”). If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available at http://www.truffl.la/about/privacy or our Code of Conduct [Below], please do not use the Website or any services offered by the Website.    BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.  NOTE: IF YOU ARE A PERSON ENGAGED IN THE BUSINESS OF PROVIDING GOODS AND/OR SERVICES IN CONNECTION WITH “MEMBER-ONLY SOCIAL EVENTS”, your use of the Website is governed by our online event marketing and Collaboration Agreement.

1.         Member Accounts—In order to use certain features of the Website, you will have 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.         Your Use of the Website – Subject to these Terms and our Privacy Policy, you are granted a limited license to use Website and the functionality provided by the Website to upload, store, display, aggregate, organize, and share your photographs (“Content”) and to copy, display, and use the functionality, materials, features, and services provided by the Website (collectively the “Materials” and as further defined in Section 3) solely for your personal, non-commercial use. The design and layout of the Website are specifically excluded from the Materials.

3.         Intellectual Property Ownership—

            (a)       Except for your Content, all text, content, documents, 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 “Materials”) are owned by Company and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between Company and you, all right, title and interest in and to the Materials will at all times remain with Company and/or its Owners.  The word “Truffl,” the Company logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Company.   All Content is the sole responsibility of the user who provided it and is stored upon Company’s servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act section below for more details. Company reserves all other rights.  Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Company’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, Company may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

            (b)       You retain ownership of your Content, and you hereby grant Company 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 Content, solely in connection with the Website (including without limitation for purposes of promoting the Website). Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by Company 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 Company.  You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, and (ii) your 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.

            (c)        By using the Website, you hereby grant Company and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, voice, biographical information, and likeness (your “Image”), solely in connection with the Website (including without limitation for the purposes of promoting the Website), provided, however, Company shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or Company.

4.         Limited Use; Restrictions on Use— No other use of the Website or Materials is authorized.  Framing of the Website or Materials or posting Materials on other web sites is strictly prohibited. The use or misuse of any Materials, except as provided in the Terms of Use of in the Materials, is strictly prohibited.  You shall not, without the Company’s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Company in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, 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 Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Company, the Owner, or any third party referenced therein. You shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only.  We reserve all other rights.  You do not acquire ownership rights to any Materials viewed or accessed, and Company’s posting of the Materials on the Website does not constitute a waiver of any right in such Materials.  You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials. 

5.         Acceptable Use—Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
            (a)       You shall not upload to, transmit through, or display via the Website any 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, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (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 email address or other contact information; (v) makes any statement, express or implied, that you are endorsed by Company; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) discloses the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or (viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Company, any of its officers, directors, or employees, or other users to any harm or liability of any type.
            (b)       You shall not use the Website 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) transmiting, 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 Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, 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 Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Content. Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Company reserves the right to remove Content without prior notice and/or to terminate a User's access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice.  Company 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)       The Website may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the “Community Forums”).  If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply.  The Company shall monitor the Community Forums on a regular basis and take down any Content 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 of Use or illegal content.  Notwithstanding the foregoing, you acknowledge that the Company is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.  You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content.  The Company reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

7.         Events – The Company’s Website connects our members with specific “member only” social events that are hosted by certain third party entities with whom the Company has a pre-existing business relationship (“Events”).  By using the Website or attending any Event, you agree to, and at all times during the Event will, comply with the Company’s Code of Conduct available here [INSERT LINK] and below.  In the event you invite or otherwise bring any guests or other parties with you to any Event (“Your Guests”), you agree that you will notify, and make Your Guests aware of the Code of Conduct and its terms and conditions.  You acknowledge and agree that you will be responsible for and will ensure that Your Guests, at all times, during any Event, comply with the Code of Conduct.  You further acknowledge and agree that you, not the Company, will be fully responsible and liable for all acts and omissions of Your Guests during any Event (“Guest Actions”), and will hold the Company harmless from any claims, losses, suits, judgements, costs and expenses related to or arising out of Guest Actions.

8.         Links—The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Linked Site”).  Company provides the Linked Sites to you only as a convenience and does not endorse any Linked Sites.  Company is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses.  Company is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites.  Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk.  Company encourages you to carefully read the policies of each site you visit.

 

9.         Submitted Ideas—While Company appreciates your interest in Company and the Website, Company does not want and cannot accept any ideas or information you consider confidential and/or proprietary.  Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy http://www.truffl.la/about/privacy, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of Company.  Further, you understand and acknowledge that Company employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Company is only willing to consider the suggestion on these terms.  In any event, you acknowledge and agree that Company assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea.  Without limitation, Company shall exclusively own, and you hereby irrevocably transfer and assign to Company, all now known or hereafter existing rights in and to the suggestion, and Company shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.  

 

10.       Company Online Privacy Policy—Company takes your privacy very seriously. Company’s online Privacy Policy http://www.truffl.la/about/privacy, is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.

 

11.       Digital Millennium Copyright Act—Company is committed to respecting and protecting the legal rights of copyright owners. As such, Company 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 Company’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.

Company’s Copyright Agent to receive DMCA Takedown Notices is: Attn: TRUFFL Copywright, email: legal@truffl.la.  For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Company to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section. 

12.       United States Only— By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the Company Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Colorado. Any claim or dispute between you and Company that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Boulder, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

13.       Disclaimers—Without limiting the foregoing, the Content and all other features on the Website are provided to you “AS IS”  and “AS AVAILABLE” without warranty of any kind with respect to the Website 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 COMPANY 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 COMPANY, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, COMPANY does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. COMPANY reserves the right to change any part of the Website at anytime without notice.

14.       Limitation of Liability—Your use of the Website is at your own risk. Neither COMPANY, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if COMPANY was advised of the possibility of such damages.  If you become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against COMPANY and its affiliates, agents, representatives and licensors arising out of your use of the Website.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of COMPANY and its affiliates shall not exceed one hundred dollars ($100.)  The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.  

15.       Choice of Law and Enforcement—Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

16.       No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from Company.

17.       Ability to Accept Terms of Use—You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

18.       No Archive – Notwithstanding anything contained herein, the functionality provided to you by the Website and the Company’s systems, networks and servers are not an archive and Company shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website.  You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content.                     

19.       Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

20.       Notice— From time to time, Company may revise the Terms of Use.  To help you stay current of any changes, Company takes the following two steps:  (1) Company notes the date the Terms of Use was last updated below and (2) when Company makes a change to the Terms of Use, Company posts conspicuous announcements of such changes on the homepage of the Website for 30 days following the date the Terms of Use was updated. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  Company strongly recommends checking Terms of Use periodically. If, and only if, Company makes revisions to the Terms of Use that result in a material lessening of the restrictions on Company’s use or disclosure of your Personal Information, Company will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.  If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

21.       Miscellaneous—Company’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of the Terms of Use 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 of Use shall continue in effect.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TRUFFL.LA Code of Conduct

Membership in Truffl.la is a privilege that is contingent upon your continued observance of our code of conduct. When you became a member of TRUFFL.LA, you agreed to comply with this code of conduct and to be responsible for ensuring that any guests you bring to a Truffl event comply with our code of conduct and to be financially liable for any damages caused by any of your guests to any property or person at a Truffl event.

The purpose of this code of conduct is simple; to ensure the safety, comfort, and enjoyment of each attendee, including yourself and your guests when attending Truffl events.

To ensure that every person attending has a good time, we ask that all members keep the following in mind when on outings:

Members must not under any circumstances:


BREACHES OF THIS CODE OF CONDUCT:

Any observed or reported breach or breaches of the Truffl’s “Code of Conduct” by any member(s) or their guests may result in ejection from an event, suspension or the revoking of  membership, and even criminal charges.

 

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