TAYLORMADE - ADIDAS GOLF COMPANY
Terms and Condition of Website Usage Agreement
Thank you for visiting the Terms and Conditions (the "Terms") page of TaylorMade Golf Limited. d/b/a TaylorMade-adidas Golf Company ("TMaG"). Your access and use of any of our websites at , , , www.taylormadegolf.eu, www.adidasgolf.eu, www.ashwortheurope.com, www.experiencetaylormade.eu, and all other TMaG websites (the "TMaG Websites") is subject to the following terms and applicable laws. By accessing and browsing the TMaG Websites, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as TMaG may from time to time publish. Certain services or other offerings made available on the Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
The TMaG Websites are owned and operated by TMaG and/or its affiliates, and are protected by copyright under United States and international laws and treaties. All rights reserved. Copyright in such their content and the software provided are owned by or licensed to TMaG.
All rights not expressly granted herein are reserved. Materials from the Website may not be copied, distributed or transmitted in any way without the prior written consent of TMaG. No links to the Website may be created without the express written consent of TMaG. Users of the Website MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by TMaG. The use or misuse of those images except as expressly authorised is prohibited. TMaG reserves complete title and full intellectual property rights in materials downloaded from the site.
We pride ourselves for innovation and quality in the design and manufacturing of TMaG products. Consequently, TMaG golf products are protected by a variety of patents and trademarks. These patents and trademarks not only recognize that innovation and distinctiveness of TMaG's intellectual property rights in its products and brands, but also afford legal protection to TMaG from infringements of these property rights. Our policy is to diligently enforce all property rights. We will work to locate and prosecute those who infringe on these rights.
In accordance with Section 287(a) of Title 35 of the United States Code, the reader is hereby placed on notice of TaylorMade Golf Company's rights in the United States Patents listed on this site and associated with the following products.
Other U.S. and Foreign patents pending.
TaylorMade Golf Company, Inc doing business as TaylorMade - adidas Golf Company, is a member of the adidas Group. The adidas Group Golf division comprises three premium brands, TaylorMade, adidas Golf and , Ashworth LLC,. TaylorMade and the Stylized T Design are registered trade marks of Taylor MadeGolf Company, Inc.. Ashworth and the Golfman Logo are registered trademarks of Ashworth LLC. adidas, the Golf Flag Logo, the 3-Bars logo, and the 3-Stripes mark are registered trademarks of the adidas Group.All other trademarks and service marks used herein are property of their respective owners.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to TMaG through this site is not confidential. TMaG shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to TMaG and accepts responsibility for its accuracy, appropriateness and legality.
You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any TMaG Website by any unauthorised third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorised advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content transmitted to or via a TMaG Website; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in 'flooding', i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
You agree not to post, disseminate or transmit any content that: (i) is not accurate, unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libellous, or invasive of another's privacy; (ii) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by copyright law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors or others, (iv) promotes sexually explicit material or violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or promote any illegal activity.
You agree not to: (i) use the TMaG Websites for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.
As a further condition of your use of and access to the TMaG Websites, you agree not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the TMaG Websites; (ii) use Internet Relay Chat (IRC) bots, i.e., programs that utilise excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the TMaG Websites of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the TMaG Websites or servers or networks connected to them; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the TMaG Websites in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the TMaG Websites to access the accounts of others without permission; (x) attempt to penetrate security measures of TMaG or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Disclaimer and Limitation of Liability
BY USING THE TMAG WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE TMAG WEBSITES IS AT YOUR SOLE RISK. THE TMAG WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMAG DOES NOT WARRANT THAT USE OF THE TMAG WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. TMAG DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE TMAG WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE TMAG WEBSITES. TMAG SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS. NO VERBAL INFORMATION PROVIDED BY TMAG SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL TMAG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE TMAG WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE TMAG WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TMAG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.
Nothing in these terms and conditions shall exclude or limit TMaG’s liability for death or personal injury directly resulting from its negligence, or liability arising from fraud or to the extent such liability cannot be limited or excluded by law. In addition nothing in these terms and conditions excludes or limits your statutory rights as a consumer (where applicable).
Applicability of content
Information on this site includes description of products and services that may be available in Europe only. This site is operated in the UK, and TMaG makes no representation that the content provided is applicable or appropriate for use in other non-European locations.
Intended for Users Over 16
The TMaG Websites are intended for use by individuals of at least 16 years of age or older. The TMaG Websites are not directed for use by children under the age of 16. Users under the age of 16 must get the assistance of a parent or guardian to use the Website. Please refer to our for more information. TMaG does provide products for children, but it sells them to adults only.
Enforcement of terms and conditions
These Terms are governed and interpreted pursuant to the laws of England, without reference to its provisions concerning conflicts of law. The English Courts shall have the non-exclusive jurisdiction to hear any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. TMaG may revise these Terms at any time by updating this posting.
TMaG may terminate this agreement at any time, without notice and for any reason.
TaylorMade- Golf Limited
Last Updated January 2013.
European Union and Swiss Residents
If you choose to provide TMaG with your information, you consent to the transfer and storage of that information on our affiliates servers located in the United States. TMaG in the US adheres to the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the .
What Type of Personal Information Do We Collect and Use?
Personal Information Maintenance & Opt-Out
How Do We Use Personal Information?
TMaG will never disclose your email address to third parties for use in connection with any email marketing campaign of a third party or business partner (excluding TMaG affiliated companies where you have permitted this).
TMaG may always use personal information in the following ways:
- to enable us to respond to you generally, or to process, validate and verify requests and/or purchase orders
- to perform any services requested by you
- to compile and/or distribute aggregate - never individual - information about our website users and aggregate usage patterns
- to provide our own website designers with useful information for developing new features and services that meet your needs
- to tailor your experience on our websites, showing you content we think might interest you or altering the content according to your personal preferences
- as part of an online employment application to evaluate your qualifications only but limiting access to your personal information to those TMaG staff on a need to know basis.
TMaG will not disclose your email address for use in connection with a third party's marketing efforts.
If you have not "opted-out" of our use and disclosure of your personal information, TMaG may also use personal information for all marketing and survey purposes on behalf of itself and its affiliates and subsidiaries and to contact you by e-mail or fax but only if you have previously consented to receiving such notifications in this form. TMaG may appoint third party agents in connection with such marketing and survey efforts. TMaG may disclose personal information to select business partners for use in connection with direct mail marketing efforts, but that personal information will not include your email address.
If you have "opted-out", TMaG will use or disclose your personal information only as stated above, and may use it other than above: (1) when legally ordered to do so by a lawful subpoena or court order, (2) if you violate or breach an agreement with TMaG, (3) if we believe you will harm the property or rights of TMaG or those of TMaG's other customers, (4) under exigent circumstances to protect the physical safety of TMaG, its employees, users or the general public, or (5) to validate credit card numbers for charging for fee services.
TMaG may share aggregate statistical information with business partners, sponsors or other third parties, but none of them receive individual identifying information about you. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women filled out registration forms, but we would not disclose anything that uniquely identifies those individuals.
Unsolicited Emails Received by You
TMaG does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have taken affirmative steps to subscribe. If you have inadvertently received one of our newsletters, or if you simply wish to stop receiving them, please follow the "unsubscribe" instructions contained in each newsletter. Or send a request to be unsubscribed to firstname.lastname@example.org
Chat Rooms and Forums
The TMaG Websites may now or in the future include chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or "spam" from others. TMaG cannot safeguard the privacy of personal information that is disclosed online in this manner.
- keep count of return visits to the TMaG Websites
- accumulate and report anonymous, aggregate, statistical information on website usage
- deliver content specific to your interests or past viewing history
- save your password so you don't have to re-enter it each time you visit our websites.
- keep track of items in your “shopping basket” so as to enable you to continue shopping without having to re-enter the items.
Cookies Used by TaylorMade
This table details the cookies used on TMaG’s EU websites and explains their use.
Name of Cookie
Used to collect information about how visitors use TMaG’s EU websites. We use the information to compile reports, to help us improve the website, and to present different versions of the website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited.
TMaG does not store or record the Internet Protocol ("IP") addresses of visitors to the Website for marketing purposes, although we may store IP addresses in server logs for system maintenance purposes or to store the source location whenever someone provides Personal Information. An IP address is a number assigned to your computer whenever you access the Internet. An Internet Service Provider ("ISP") typically assigns a random IP addresses at the time of your dial-up. For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. We cannot determine your identity solely based upon your IP address. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses are never associated with Internet users.
The TMaG Websites contain electronic images (called "pixels", "transparent GIF files", or "web beacons") that allow us and our advertising partners to view and access cookies. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. Web beacons are small in order not to use valuable space on the computer screen that is better used to display helpful content. In some cases these files are provided by our online management partner. These files enable our online management partner to recognize a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to our website. The cookie was placed by us or by another advertiser that works with our online management partner. We may also include web beacons in HTML-formatted newsletters containing graphics that we send to opt-in subscribers, so we may count the number of newsletters that have been opened and read. We may also use the web beacon and cookies to monitor your online behaviour and interests on the TMaG Websites. With both cookies and web beacons, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. For more information about third party cookies, including information about how to opt out of these technologies, click here.
The TMaG Websites use physical, electronic and managerial security measures to protect the loss, misuse and alteration of information under our control.
- We use Secure Socket Layer ("SSL") connections with 128-bit encryption for certain transactions and confidential data. When you use a secure browser, all information you submit comes to us over the Internet in an encrypted form. Every secure page uses a digital certificate issued by a third-party certification authority. A "site certificate" sits on all secure pages. To view this certificate, click on the image of the closed lock or the solid key on the bottom bar of your browser window.
- We monitor system and application activity logs to identify any unusual activity from authorised and/or unauthorised individuals accessing our systems and/or making changes to stored information. We regularly perform preventative system maintenance and monitoring to ensure the security of our data systems.
- We maintain our servers in locked facilities with secure access. Backup tapes are retrieved daily and stored by an independent company in a secure, off-site location.
The TMaG Websites do not require you to set up a user ID and password unless you subscribe for some of our special services, create a purchasing account with us, or are an InerCircle member seeking access to your account information. We recommend you do not divulge your password to anyone. TMaG will never ask you for your password in an unsolicited telephone call or email.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. You can report network abuse and any risk of security violations to us by emailing email@example.com.
TaylorMade Golf Limited
Attention: Head of Consumer Marketing, Europe
Viables Business Park