terms
BANTEE TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY BANTEE PLATFORM
Welcome to the Bantee Community. You are reading these Terms because you are using a Bantee website or mobile app.
These Terms create a legally binding agreement between you and Bantee, LLC (which we may refer to as “Bantee”, “we”, “us”, or “our”) regarding your use of our websites and online services (“Sites”) and mobile applications (“Apps”) (collectively referred to as “Services”). Please read them carefully.
USE OF BANTEE
By using www.banteegolf.com or a Bantee mobile application you represent and warrant that you are more than 18 years of age or are visiting www.banteegolf.com or accessing the Bantee mobile application with the permission and supervision of a parent and guardian. Subject to these Terms, Bantee hereby grants you a limited, revocable, non-exclusive license to access and use our website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from our website, unless expressly permitted by Bantee. Bantee reserve the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to Bantee.
USER REVIEWS, PHOTOS & COMMENTS
Anything posted or otherwise submitted to Bantee whether on our website, through a mobile application, blog or via any form of social media, will be treated as public and nonproprietary. By submitting photographs, comments or other materials to Bantee, you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions and the right to use your username, real name, image, likeness, and other personal attributes in connection with any use of such submissions. All submissions shall automatically become Bantee’s sole and exclusive property. In addition, when you post photographs, reviews, or comments to Bantee or on a Bantee social media network, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage, or otherwise claim any rights with respect to any content submitted to Bantee.
END USER LICENSE AGREEMENT FOR BANTEE GOLF APP
The Bantee Golf App is licensed to You by Bantee ("Licensor"), for use only under the terms of these Terms.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by these Terms), You indicate that You agree to be bound by all of the terms and conditions of these Terms, and that You accept these Terms. App Store and Play Store are referred to in these Terms as "Stores.”
The parties to these terms acknowledge that the Stores are not a party to these Terms and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Bantee, not the Stores, is solely responsible for the Licensed Application and the content thereof.
These Terms may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Bantee acknowledges that it had the opportunity to review the Usage Rules and these terms are not conflicting with them.
Bantee Golf App when purchased or downloaded through the Stores, is licensed to You for use only under these Terms. The Licensor reserves all rights not expressly granted to You. Bantee Golf App is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
1. The Application
Bantee Golf App ("Licensed Application") is a piece of software created to track Your golf game and engage with Your friends and is customized for iOS and Android mobile devices (“Devices”).
2. Scope of License
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Bantee’s prior written consent), sell, rent, lend , lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Bantee’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in these Terms should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. No Maintenance or Support
3.1 Bantee is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.
3.2 Bantee and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. User-Generated Contributions
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as nonconfidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
5. Warranty
5.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
5.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of 's sphere of influence that affect the executability of the Licensed Application.
5.3 You are required to inspect the Licensed Application immediately after installing it and notify Bantee about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed five (5) days after discovery.
5.4 If we confirm that the Licensed Application is defective, Bantee reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
5.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Store, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
5.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
6. Product Claims
Bantee and the End-User acknowledge that Bantee , and not the Store, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the www.banteegolf.com website or mobile application belong exclusive to Bantee. The use of any Bantee trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Bantee. In addition, you may not use any of our trademarks or service marks in meta tags without our explicit prior consent.
PRIVACY POLICY
Please review our privacy policy (www.banteegolf.com/privacy)
INTERNATIONAL ACCESS
Customers who aces and use www.banteegolf.com from outside of the United States are responsible for complying with their local laws and regulations.
If you are making a purchase from our ProShop, you will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.
DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
INDEMNIFICATION AND RELEASE
You agree to indemnify, defend, and hold harmless Bantee, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Bantee Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of our services, or any violation of these Terms, any law or the rights of any third party. You, for yourself, and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Bantee Parties from any and all claims or causes of action you may have for damages relating in any way to your use of our services.
PRICING ERRORS
Accidents happen. In the event that a product is listed incorrectly in our ProShop (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
OUTSIDE LINKS
This site may contain links to other sites on the internet that are owned and operated by third parties (“Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the www.banteegolf.com website. None of such links should be deemed to imply that Bantee endorses the Third Party Sites or any content therein. You acknowledge that Bantee does not control and is not responsible or liable for the operation of any Third Party Sites or any content, advertising, products or other materials on or available from such Third Party Sites.
DMCA/COPYRIGHT POLICY
Bantee respects the intellectual property rights of others and we require our members to do the same. Bantee has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this policy.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Bantee’s Copyright Agent:
• Information reasonably sufficient for Bantee to contact you: name, address, phone and e-mail address (if available);
• A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
• Information reasonably sufficient to permit Bantee to locate your work on the site;
• A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
• A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Bantee by mail or email as set forth below:
Email:
Bantee, LLC
Email: info@banteegolf.com
Mailing Address:
Bantee Copyright Agent
1339 Beaumont Drive
Gladwyne, PA 19035
If sending your notice by electronic mail, please make sure to write DMCA Copyright Notice in the subject line.
APPLICABLE LAW; DISPUTES; REMEDIES
The laws of the State of Delaware will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to www.banteegolf.com, Services or products purchased on www.banteegolf.com shall be submitted to confidential arbitration in Delaware, except in regard to issues regarding violations of our intellectual property rights, which we may seek relief from in any state, or federal court in the State of Delaware. By using our website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Delaware. By using www.banteegolf.com or the Services, you agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate. As such, we shall be entitled to specific performance, injunctive relief, por both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
SEVERABILITY
If any of the provisions in these Terms are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
CONTACT US
If you have any question regarding these Terms, you may contact us:
• By Email: info@banteegolf.com
• By Phone: 610-613-4722
• Online: by chatting with us or by sending us a support ticket
• By Mail: 1339 Beaumont Drive Gladywne, PA 19035