This Agreement (the “Agreement”) governs your access and use of the services at MixedMartialArts.com (the “Service”). In consideration for your right to access and use the Service, you and MixedMartialArts.com agree as follows:
- ACCEPTANCE OF TERMSBy clicking the “Submit” button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section XVI below.
- THE MixedMartialArts.com SERVICEMixedMartialArts.com is an online application, enabling individuals and businesses to join and participate in various discussion groups, among other functions. You understand and agree that the Service is provided “AS-IS” and that MixedMartialArts.com assumes no responsibility for, among other things, (A) any service outages or interruptions (B) the unavailability of particular boards, features or services, (C) the inability to access the Service, (D) the failure or inability to post materials to the Service, (E) the deletion of materials posted to the Service or (F) the failure to store materials posted to the service.
- CONTENT ACCESSIBLE ON THE SERVICEMixedMartialArts.com contains a great variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the “Content”) that users post. Please use caution and common sense when viewing the various Forums. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that MixedMartialArts.com is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will MixedMartialArts.com be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.You acknowledge that MixedMartialArts.com does not pre-screen Content, but agree that MixedMartialArts.com shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, MixedMartialArts.com shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that MixedMartialArts.com believes is otherwise objectionable.You acknowledge and agree that MixedMartialArts.com may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MixedMartialArts.com, its users and the public.
- LICENSE GRANTED TO MixedMartialArts.comYou grant MixedMartialArts.com the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service.
- USER CONDUCTYou agree to not use the Service to:
- violate or solicit the violation of any applicable local, state, national or international law;
- infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights.
- upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another’s privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) constitutes sexual material of an obscene nature or that violates local, state or national laws. This includes obscene text, images, videos, sounds, or links to page(s) containing same, either explicitly, or contained in the properties of an otherwise acceptable image; (4) unless otherwise noted, contains nudity, or that clearly shows a sexual situation; (5) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (6) you do not have a right to upload or post due to contractual or other legal obligation; (7) is in violation of proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork. Of particular concern is the unauthorized copying, duplication, and transferring of instruction and event tapes and DVDs. Do not leave any contact information for yourself in a thread mentioning video tapes or DVDs. Do not post the url of any web site that offers bootleg tapes or DVDs. (8) is in violation of privacy rights of others. Private information includes but is not limited to drug use, infidelity, sexual orientation, home address, phone and other contact information, Social Security number, or credit card number;
- impersonate any person or entity, including, but not limited to, a MixedMartialArts.com official, forum moderator, forum member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- troll, or post specious arguments, flames, or personal attacks in a manner to and for no other purpose than to attract predictable responses, annoy someone, or disrupt a discussion;
- interfere with or disrupt the Service, computer servers or boards accessible through the Service;
- disseminate messages off topic to a board, particularly those promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties. Disseminating information about your product is allowed, and even encouraged, but should be used appropriately, with discretion.
- behave in a belligerent, inhospitable manner, that casts the great, beleaguered sport of MMA in a poor light. The simple standard is to post only as you would if you were speaking to the person face to face. Prohibited conduct includes but is not limited to: (1) fighting words, those words that by their very utterance inflict injury or tend to incite an immediate breach of the peace. These include but are not limited to racial, sexual, and religious slurs. If for whatever reason you wish to engage in a MMA contest with another person, it must be approached through the appropriate channels. (2) swearing at another member of the page, joking or not, or attacking them in a comparable manner. (3) posting curse words in a thread titles, including masked spellings like Bit** or Sh!T. Swearing should be kept to a minimum generally (4) posting on the topic of illegal drug use in anything but a sober, educational, informative manner. Explicitly glorifying illegal drug use is prohibited.
- LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICEYou agree that MixedMartialArts.com may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that MixedMartialArts.com has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- OTHER WEB SITES AND RESOURCESThird parties using the Service may provide links or access to other web sites and resources. Because MixedMartialArts.com has no control over such sites and resources, you acknowledge and agree that MixedMartialArts.com is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MixedMartialArts.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENTYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
- USE OF COLLECTED DATAThe user acknowledges that MixedMartialArts.com may collect marketing data and or other information from user. MixedMartialArts.com shall have the right to use this information, license it, or sell it to other parties, and the user agrees to update the information. User expressly waives any cause of action and agrees to hold harmless MixedMartialArts.com for any misuse intentional or otherwise.
- DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MixedMartialArts.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MixedMartialArts.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY MixedMartialArts.comMixedMartialArts.com.
- LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT MixedMartialArts.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MixedMartialArts.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS XIII AND XIV MAY NOT APPLY TO YOU.
- INDEMNITYYou agree to indemnify and hold MixedMartialArts.com, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
- ASSIGNMENT OF CONTRACTUser may not assign or transfer this contract to any other individual or entity. User further acknowledges and agrees that MixedMartialArts.com may, in its sole discretion, with or without notice, assign any or all of its obligations under this agreement to any third party.
- NOTICESNotices to you may be made via either email or regular mail. MixedMartialArts.com may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
- LEGAL DISPUTESThis Agreement and your relationship with MixedMartialArts.com shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and MixedMartialArts.com agree to submit to the personal and exclusive jurisdiction of the courts located within Hampshire County, USA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- MODIFICATIONWe may amend this Agreement at any time by posting the amended terms on our site at MixedMartialArts.com. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of MixedMartialArts.com.
- GENERALThis Agreement constitutes the entire agreement between you and MixedMartialArts.com with respect to the Service and supersedes all prior agreements and understandings between you and MixedMartialArts.com. MixedMartialArts.com‘s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs VIIII, XI, XII, XIII and XVI of this Agreement shall survive any termination of the Agreement.