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.
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.
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.
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.
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: firstname.lastname@example.org. 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.
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.
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.
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.
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.