Official Terms of Use Effective as of August 2016
Welcome to the Fightful web site fightful.com and its related websites such as fightfulmma.com and fightfulwrestling.com (collectively or individually, the ‘Site’) which is owned by Fightful, Inc. (‘Fightful’, ‘FightfulMMA’, ‘FightfulWrestling’, or ‘we’ or ‘us’). This Site is operated by Fightful, FightfulMMA, and FightfulWrestling and materials on the Site are primarily owned by Fightful, FightfulMMA, FightfulWrestling and or used under the permission of our contributors. The Site is also a social networking service that allows Members to create unique personal profiles online in order to find and communicate with other members. The services offered on the Site include features, content, applications offered from time to time by Fightful, FightfulMMA, and FightfulWrestling and in connection with the Site, email newsletters, and emails with special offers, updates about the Site, contests and other offerings (collectively, the ‘Site Services’). The Site Services are hosted in the United States of America.
This Terms of Service (‘Agreement’) sets forth the legally binding terms for your use of the Site Services. By using the Site Services, you agree to be bound by this Agreement, whether you are a ‘Visitor’ (which means that you simply browse the Site), a ‘Subscriber’ (which means that you have subscribed to receive our newsletter or partner emails, or you are a ‘Member’ (which means that you have registered with Fightful.com, FightfulMMA.com, or FightfulWrestling.com. The term ‘User’ refers to a Visitor, Subscriber or a Member. You are only authorized to use the Site Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site Services immediately. If you wish to become a Member, communicate with other Members and make use of the Site Services, you must read this Agreement and indicate your acceptance during the Registration process. If and when you register to become a Member of the Site, you agree to: (a) provide true, accurate, complete, and current information (such information being the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, Fightful, FightfulMMA, or FightfulWrestling and reserves the right to terminate your use of the Site and/or remove from the Site any User Content provided by you. If and when you register to become a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the ‘Subscriber Data’) and (b) maintain and promptly update the Subscriber Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, Fightful, FightfulMMA, and FightfulWrestling reserves the right to cancel your subscription.
This Agreement includes Fightful’s, FightfulMMA’s, and FightfulWrestling’s policy for acceptable use of the Site Services and Content posted on the Site, your rights, obligations and restrictions regarding your use of the Site Services, and incorporates by reference Fightful’s, FightfulMMA’s, and FightfulWrestling’s Privacy Policy. In order to participate in certain Site Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise stated, or provided for, in the additional terms and conditions applicable to the Site Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at [email protected] (link sends e-mail) Subject: Terms of Service Agreement.
Fightful, FightfulMMA, and FightfulWrestling may modify this Agreement from time to time and such modification shall be effective upon posting by Fightful, FightfulMMA, and FightfulWrestling on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Fightful, FightfulMMA, and FightfulWrestling reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. Fightful, FightfulMMA, and FightfulWrestling expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Site Services if Fightful, FightfulMMA, or FightfulWrestling determines, in its sole discretion, that you pose a threat to Fightful, FightfulMMA, or FightfulWrestling and/or its Users.
Marketing and Promotional Purposes
1. Eligibility. Use of, subscription to, and Membership in the Site Services is void where prohibited. By using the Site Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a Member, you are 13 years of age or older; and (d) your use of the Site Services does not violate any applicable law or regulation. Your Member profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Site Services or are a Member. Fightful, FightfulMMA, and FightfulWrestling may terminate your Subscription or Membership at any time, without warning. Even after Subscription or Membership is terminated, this Agreement will remain in effect, including sections 5-19.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Fightful, FightfulMMA, or FightfulWrestling immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Proprietary Rights in Content on the Site.
A. Fightful, FightfulMMA, and FightfulWrestling do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively ‘Content’) that you may post to the Site Services (Content posted by any Member, ‘User Content’). After posting your User Content to the Site Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing (‘posting’) any User Content on or through the Site Services, you hereby grant to Fightful, FightfulMMA, and FightfulWrestling a royalty-free, unlimited license, in perpetuity to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site Services or otherwise.
B. You represent and warrant that: (i) you own the User Content posted by you on or through the Site Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Site Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site Services.
C. The Site Services contain Content of Fightful, FightfulMMA, and FightfulWrestling (‘Fightful Content’, ‘FightfulMMA Content’, and ‘FightfulWrestling Content ). Fightful Content, FightfulMMA Content, and FightfulWrestling Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Fightful, FightfulMMA, and FightfulWrestling, Fightful owns and retains all rights in the Fightful Content, FightfulMMA Content, and FightfulWreslting Content and the Site Services. Fightful, FightfulMMA, and FightfulWrestling hereby grants you a limited, revocable, nonsublicensable license to use the Fightful Content, FightfulMMA Content, and FightfulWrestling Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any Fightful Content, FightfulMMA Content, and FightfulWrestling Content found on this Site you may submit a request for permission to reproduce or distribute such Fightful Content, FightfulMMA Content, or FightfulWrestling Content by contacting Fightful, FightfulMMA, or FightfulWrestling in writing at:
Fightful Inc.
PO Box 26086 Broadway PO
Toronto, ON M4P 0A8
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. The only exception to this policy is if the materials are provided to Users of the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright related thereto, will at all times remain the sole property of Fightful, FightfulMMA, and FightfulWrestling.
D. The Site Services contain User Content and content from other Fightful, FightfulMMA, and FightfulWrestling licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site Services.
5. Content Posted.
A. Fightful, FightfulMMA, and FightfulWrestling may delete any Content that in the sole judgment of Fightful, FightfulMMA, and FightfulWrestling that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fightful, FightfulMMA, and FightfulWrestling assume no responsibility for monitoring the Site Services for inappropriate Content or conduct. If at any time Fightful, FightfulMMA, or FightfulWrestling chooses, in its sole discretion, to monitor the Site Services, Fightful, FightfulMMA, and FightfulWrestling nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of the Site Services, and any material or information that you transmit to other Members and for your interactions with other Users. Fightful, FightfulMMA, and FightfulWrestling do not endorse and has no control over the Content. Content is not necessarily reviewed by Fightful, FightfulMMA, or FightfulWrestling prior to posting and does not necessarily reflect the opinions or policies of Fightful, FightfulMMA, and FightfulWrestling. Fightful, FightfulMMA, and FightfulWrestling makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
6. Disclaimer regarding Professional Advice. Your use of the Site is at your own risk. The relationship between you and Fightful, FightfulMMA, and FightfulWrestling is not a physician-patient relationship or a psychotherapist-patient relationship or a priest-penitent relationship. The Fightful Content, FightfulMMA Content, or FightfulWrestling Content that contains information, data, advice, text and other materials compiled from a variety of third party sources. Fightful, FightfulMMA, and FightfulWrestling in no way endorses any of these materials, which are provided for your convenience, and are solely intended to broaden user understanding and knowledge of self-empowerment and spiritually based content.
Nothing contained in the Site is intended to be, and must not be taken to be, the practice of medicine, including, without limitation, psychology, psychiatry, or psychotherapy, or providing health care advice or instruction for diagnosis or treatment. Fightful, FightfulMMA, and FightfulWrestling do not recommend the self-management of health or mental health problems, and the Fightful Content, FightfulMMA Content, or FightfulWrestling Content is not exhaustive and does not cover all diseases, ailments, physical or mental conditions or their treatments. You should never disregard medical advice or delay in seeking it because of something you have read on the Site.
7. Content/Activity Prohibited.
A. Please choose carefully the information you post on the Site and that you provide to other Users. Your Member profile may not include the following items: telephone numbers and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fightful, FightfulMMA, and FightfulWrestling assume no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 8), please report the user to Fightful, FightfulMMA, or FightfulWrestling through our customer service ([email protected] (link sends e-mail)).
B. The following, in addition to the Rules of Conduct, is only a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. Fightful, FightfulMMA, and FightfulWrestling reserves the right to investigate and take appropriate legal action against anyone who, in Fightful, FightfulMMA, and FightfulWrestling’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Fightful, FightfulMMA, and FightfulWrestling:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.exploits people in a sexual or violent manner;
3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
4. solicits personal information from anyone under 18;
5. provides any telephone numbers, URLs or email addresses;
6. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing, instant messaging, ‘spimming,’ or ‘spamming’;
8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); or
9. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
C. The following, in addition to the Rules of Conduct, is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. Fightful, FightfulMMA, and FightfulWrestling reserve the right to investigate and take appropriate legal action against anyone who, in Fightful, FightfulMMA, and FightfulWrestling’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. transmission of any chain letters or junk email to other Members. It is also a violation of this Agreement to use any information obtained from the Site Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Fightful, FightfulMMA, and FightfulWrestling reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Fightful, FightfulMMA, or FightfulWrestling deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site Services, you acknowledge that you will have caused substantial harm to Fightful, FightfulMMA, and FightfulWrestling, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fightful, FightfulMMA, and FightfulWrestling $50 for each such unsolicited email or other unsolicited communication you send through the Site Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any Fightful, FightfulMMA, and FightfulWrestling page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services;
6. attempting to impersonate another Member or person;
7. using the account, user name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Site Services in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending private messages with a commercial purpose; or
11. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.
D. With respect to the Site’s video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables Users to view the Content without using the Site’s video player. Also, you may not embed the Site’s video player on any website or other location that contains Prohibited Content.
9. Copyright Infringement. If you believe that any material contained in this Site, or any material or activity contained on a site to which Fightful, FightfulMMA, or FightfulWrestling, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify Fightful, FightfulMMA, or FightfulWrestling of your copyright infringement claim in accordance with the procedure set forth below.
Fightful, FightfulMMA, and FightfulWrestling will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
Copyright Agent Fightful, Inc.
PO Box 26086 Broadway PO
Toronto, ON M4P 0A8
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3) and §512(d)):
A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. 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 at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
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 at which the complaining party may be contacted;
E. A statement that the complaining party has 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;
F. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to [email protected] (link sends e-mail) without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. Fightful, FightfulMMA, and FightfulWrestling have a policy of terminating repeat infringers in appropriate circumstances.
10. Unsolicited Submissions. Fightful, FightfulMMA, and FightfulWrestling do not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Fightful, FightfulMMA, and FightfulWrestling’s policy is to simply delete any such submission without reading it or forwarding it to other Fightful, FightfulMMA, or FightfulWrestling staff. Therefore, any similarity between an unsolicited submission and any elements in any Fightful, FightfulMMA, and FightfulWrestling creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Fightful, FightfulMMA, and FightfulWrestling via this Site, however, such submissions become the property of Fightful, FightfulMMA, and FightfulWrestling and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Fightful, FightfulMMA, and FightfulWrestling sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Fightful, FightfulMMA, or FightfulWrestling, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
11. Employment Opportunities. Fightful, FightfulMMA, and FightfulWrestling may, from time to time, post Fightful, FightfulMMA, or FightfulWrestling employment opportunities on the Site and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Fightful, FightfulMMA, and FightfulWrestling in response to employment listings, you are authorizing Fightful, FightfulMMA, and FightfulWrestling to utilize this information for all lawful and legitimate hiring and employment purposes. Fightful, FightfulMMA, and FightfulWrestling also reserve the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by Fightful, FightfulMMA, and FightfulWrestling to contact, interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that Fightful, FightfulMMA, and FightfulWrestling will review any or all of the information submitted to it by Users of the Site.
12. Sweepstakes and/or Contests. Sweepstakes, contests, games and other promotions run on the Site by Fightful, FightfulMMA, and FightfulWrestling may require the User to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. Fightful, FightfulMMA, and FightfulWrestling may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the User in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by Fightful, FightfulMMA, and FightfulWrestling to use the personally identifiable information solely for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the Site’s Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. Fightful, FightfulMMA, and FightfulWrestling requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.
13. Member Disputes. You are solely responsible for your interactions with other Fightful, FightfulMMA, or FightfulWrestling Members. Fightful, FightfulMMA, or FightfulWrestling reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. Privacy. Use of the Site Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
15. Jurisdictional Issues. Fightful, FightfulMMA, or FightfulWrestling makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
16. Disclaimers. Fightful, FightfulMMA, and FightfulWrestling is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Profiles created and posted by Members on the Site may contain links to other websites. Fightful, FightfulMMA, or FightfulWrestling is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Fightful, FightfulMMA, and FightfulWrestling. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by Fightful, FightfulMMA, and FightfulWrestling. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with Fightful, FightfulMMA, and FightfulWrestling, you do so at your own risk. When visiting any third-party sites you should refer to each such web site’s individual ‘Terms of Service’ and not rely on this Agreement in any way. Fightful, FightfulMMA, and FightfulWrestling takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fightful, FightfulMMA, and FightfulWrestling is not responsible for the conduct, whether online or offline, of any User of the Site Services. Fightful, FightfulMMA, and FightfulWrestling assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Fightful, FightfulMMA, and FightfulWrestling are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall Fightful, FightfulMMA, and FightfulWrestling be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a Fightful, FightfulMMA, and FightfulWrestling event, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided ‘AS-IS’ and as available and Fightful, FightfulMMA, and FightfulWrestling expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fightful, FightfulMMA, and FightfulWrestling cannot guarantee and does not promise any specific results from use of the Site Services.
17. Limitation on Liability. IN NO EVENT SHALL FIGHTFUL AND/OR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF FIGHTFUL AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF FIGHTFUL AND/OR THE SITE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FIGHTFUL AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.
18. U.S. Export Controls. Software available in connection with the Site Services (the ‘Software’) is further subject to United States of America export controls. No Software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
19. Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, City of Miami for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
20. Indemnity. You agree to indemnify and hold Fightful, FightfulMMA, and FightfulWrestling, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Site Services in violation of this Agreement; (b) your breach of this Agreement; (c) any violation of the Rules of Conduct; or (d) any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes Fightful, FightfulMMA, and FightfulWrestling to be liable to another.
21. Other. This Agreement is accepted upon your use of the Site or any of the Site Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fightful, FightfulMMA, and FightfulWrestling regarding the use of the Site Services. The failure of Fightful, FightfulMMA, and FightfulWrestling to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
22. Copyrights / Trademarks (TM). 2024 Fightful Inc. All Fightful-related trademarks are owned by Fightful Inc. and its related entities or are used under license. All rights reserved. All Fightful Content, FightfulMMA Content, and FightfulWrestling Content contained in the Site Services is protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited except as may otherwise be allowed for in this Agreement.
Please contact us at: [email protected] (link sends e-mail) with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.