On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law. These terms and conditions should be read in conjunction with the Acushnet Company Legal and Privacy notices.
You are prohibited from posting or transmitting any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Acushnet Company will fully cooperate with any law enforcement authorities or court order requesting or directing Acushnet Company to disclose the identity of or help identify or locate anyone posting any such Content.
You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of Acushnet Company. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You agree to indemnify and hold Acushnet Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Although Acushnet Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Acushnet Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Acushnet Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Acushnet Company appreciates your comments, but please do not send to Acushnet Company any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Acushnet Company does not accept such unsolicited products or marketing suggestions.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary with no obligation of confidence on the part of Acushnet Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Acushnet Company cannot prevent the "harvesting" of information from this Site, and you may be contacted by Acushnet Company or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, Acushnet Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
The Ratings and Reviews Service, message boards, blogs, chat rooms, and other forums (collectively, the “Boards”) we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. We encourage you to interact with the site by reading and commenting on our postings. Here are some additional ground rules to the items that we will post:
If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email email@example.com. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our Proprietary Rights Complaint Process below.
Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials is governed by these terms.
You hereby grant to Acushnet Company an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Content, including, without limitation, the title(s) and each and every element of the Content, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) Acushnet Company shall have the right to edit, alter or arrange the Content in any way it desires in its sole discretion; (b) Acushnet Company shall not have any obligation to provide you with any credit when using your Content; and (c) you waive any “moral rights” that you may have in the Content. You understand that Acushnet Company will act in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Acushnet Company use your Content.
Proprietary Rights Complaint Process:
Acushnet Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Acushnet Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
1. By sending an email to firstname.lastname@example.org; or
2. By sending a letter via U.S. mail to:
Attn: Legal Department
333 Bridge Street
Fairhaven, MA 02719. USA
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorised to act on behalf of the copyright owner;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Register.com to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
(For more details on the information required for valid notification, see 17 U.S.C. 512(c))
Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorisation language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request.
Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Upon occasion, we may offer giveaways or sponsor contests via Acushnet Company postings on the Boards or via third-party social networks like Facebook or Twitter, each subject to the following conditions:
Regardless of the format of a contest, the following general rules shall apply where applicable:
“THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN AUSTRALIA AND NEW ZEALAND ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO AUSTRALIAN LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN AUSTRALIA OR NEW ZEALAND AT TIME OF ENTRY.
1. NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING A PRIZE.
2. Contest Period: This Contest will begin upon notice to the public and end at a time to be determined by Acushnet Australia in its sole discretion (the “Contest Period”).
3. Prize Drawings: Drawings for this Contest will be held as soon as reasonably possible after the contest ends. All entries received will be eligible only for this drawing subsequent to Titleist’s receipt of such entries, unless declared ineligible, according to Titleist’s interpretation of these rules, in its sole discretion.
Limit one entry per household. For the purposes of this Contest, an "entrant" shall consist of a person, family or household with a valid household mailing address and valid household e-mail address. Should multiple entries be received for this drawing, all such entries will not be eligible. The winner of any prize here under is not eligible to win any further prizes in this Contest. Proof of e-mailing an entry does not constitute proof of delivery. Incomplete entries are void.
4. Official Rules: By entering, entrants agree to abide by and be bound by these official rules (“Official Rules”). All entries become the property of Acushnet Company and will not be returned. Entrants waive all rights and remedies at law or in equity for any claim they may have relating to this Contest.
5. No Responsibility: Sponsor is not responsible for any computer system, or technical malfunction of any telephone lines, computer on-line systems, software, hardware, servers, access providers, computer equipment, program malfunctions or other errors, failure of any entry to be received by Acushnet Company on account of technical problems or traffic congestion on the Internet or at website, or any combination thereof, that are human or technical in nature, including any injury or damage to an entrant's or any other person's computer related to or resulting from playing or downloading any materials in this Contest. Acushnet Company reserves the right, in its sole discretion, to cancel or suspend this Contest and randomly award the prizes from among all eligible entries prior to action taken by Acushnet Company should virus, bugs or other causes beyond the control of Acushnet Company corrupt the security, administration or proper play of the game. Should the Contest be terminated prior to the stated expiration date, notice will be posted at http://www.Titleist.com.au Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, Acushnet Company reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilised in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. Automated entries are prohibited, and any use of such devices will cause disqualification. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the “authorised account holder” person in whose name the email account is registered, provided that person meets all eligibility criteria set forth in the “Eligibility” section of these Official Rules. “Authorised Holder” shall mean the natural person assigned to an email address by an Internet access provider, on-line service provider or other organisation that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process.
6. Drawings: Random drawings will be conducted by Acushnet Company, the judges, whose decisions will be final in all matters relating to this Contest. One (1) drawing will occur and winners will be notified by email. If a prize or prize notification is returned as undeliverable, the prize will be forfeited and an alternate winner selected. Odds of winning a prize depend on the number of eligible entries received during the applicable period. If due to an error, more prizes are claimed than are intended to be awarded, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
7. Prizes: Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed except as provided herein. Sponsor reserves the right to substitute prize of equal or greater value should featured prize become unavailable. All taxes on prizes are the responsibility of the winners.
8. Prize Winners: Winners may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law), within fourteen (14) days of the date notification is mailed. Failure to comply with this condition will result in forfeiture of prize and an alternate winner will be selected. All prizes will be awarded. Except where prohibited, winner consents to the use of his/her name, photo, likeness and/or biographical information for advertising and promotional purposes, without additional compensation. Winners release Sponsor, its directors, employees and agents including without limitation its advertising and promotion agencies from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession and or use or misuse of any prize.
9. Eligibility: This Contest is open to legal residents of Australia and New Zealand who are eighteen (18) years of age or older. Employees of Sponsor, its affiliates, subsidiaries, distributors, retailers, advertising and promotional agencies, the immediate families and/or household members of each are not eligible. Prizes won by minors will be awarded to parent or legal guardian, who must sign and return all required documentation. This Contest shall only be construed and evaluated according to law of the Commonwealth of Australia, without regard to the principles of conflicts of laws and submission of an entry constitutes acceptance of such laws. This Contest is void where prohibited. All federal, state and local laws and regulations apply.”