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As Of Februrary 9, 2009
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A.
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By using and/or visiting this website (collectively, including all content and functionality
available through the FightEngine.com domain name, the "FightEngine.com Website",
or "Website"), you signify your agreement to
(1) these terms and conditions (the "Terms of Service")
(2)FightEngine.com's privacy notice, found at
http://www.FightEngine.com/PrivacyPolicy.aspx and incorporated here by reference,
and
(3) FightEngine.com's Community Guidelines, found at
http://www.FightEngine.com/CommunityGuidelines.aspx and also incorporated
here by reference.
If you do not agree to any of these terms, the FightEngine.com privacy notice, or
the Community Guidelines, please do not use the FightEngine.com Website.
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B.
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Although we may attempt to notify you when major changes are made to these Terms
of Service, you should periodically review the most up-to-date version http://www.FightEngine.com/TermsOfUse.aspx).
FightEngine.com may, in its sole discretion, modify or revise these Terms of Service
and policies at any time, and you agree to be bound by such modifications or revisions.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
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C.
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You hereby acknowledge that you have read and understand the foregoing Term Of Use
Agreement (also described herein as Subscription Agreement, Terms of Service Agreement,
or merely Agreement) and agree to be bound by its terms and conditions.
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A.
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These Terms of Service apply to all users of the FightEngine.com Website, including
users who are also contributors of video content, information, and other materials
or services on the Website. The FightEngine.com Website includes all aspects of
FightEngine.com, including but not limited to all products, software and services
offered via the website such as the FightEngine.com channels, the FightEngine.com
"Embeddable Player," the FightEngine.com "Uploader" and other
current or future applications.
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B.
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The FightEngine.com Website may contain links to third party websites that are not
owned or controlled by FightEngine.com. FightEngine.com has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, FightEngine.com will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly relieve
FightEngine.com from any and all liability arising from your use of any third-party
website.
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C.
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Accordingly, we encourage you to be aware when you leave the FightEngine.com Website
and to read the terms and conditions and privacy policy of each other website that
you visit.
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A.
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In order to access some features of the Website, you will have to create a FightEngine.com
account. You may never use another's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure. You must notify FightEngine.com immediately of any breach of security or
unauthorized use of your account.
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B.
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Although FightEngine.com will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of FightEngine.com or others
due to such unauthorized use.
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C.
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In order to be a paying Subscriber (as a fighter or ring girl) to the FightEngine.com
website and to indicate agreement with the terms and conditions of the subscription
and its related fees, if any, you must click the “I have read and agree to the Terms
of Use” checkbox at the end of the Registration page. You will not be allowed to
register before clicking on that checkbox. Feel free to read and reread this agreement
as often as you want before clicking the “I have read and agree to the Terms of
Use” checkbox. If you do not wish to agree to these terms and conditions do not
click the “I have read and agree to the Terms of Use” checkbox (you understand that
you will not be subscribed to the FightEngine.com Website and will have no right
to access an ability to vote, post videos and other related benefits in managing
your own account on FightEngine.com unless you agree with the terms of this agreement).
FightEngine.com reserves the right, at its discretion, to change, modify, add or
remove portions of this agreement at any time. Occasionally FightEngine.com may
ask you to accept the terms of such changes to continue use as a Subscriber to the
FightEngine.com Website. FightEngine.com reserves the right at any time to charge
fees or change the price for access to the FightEngine.com Website. In the event
that FightEngine.com so elects, it shall post notices in the “Terms of Use” area.
You shall pay all fees and charges incurred through your account at the rates in
effect for the billing period in which fees and charges are incurred, including,
but not limited to charges for any products or services offered for sale through
the FightEngine.com Website or by any other vendor or service provider. All fees
and charges shall be billed to and paid for by you. You will not receive access
to any service until subscription fees have been received by FightEngine.com. Subscription
fees are not refundable in whole or in part, even in the event your account is terminated.
In the event of termination, your account will remain active through the end of
the subscription term (a minimum of 6 months is required per subscription term).
By completing the Registration page with your subscription fee and payment option,
you authorize FightEngine.com (or its assigns) to charge the applicable subscription
fee to your designated credit card or checking account on a recurring basis. You
shall pay all applicable taxes related to use of the FightEngine.com Website through
your account, if any such tax is applicable. Your right to use the FightEngine.com
Website is subject to any limits established by FightEngine.com in its sole discretion.
You understand that, unless otherwise specifically noted on the registration page
at the time of your registration to FightEngine.com, your subscription will renew
automatically at the end of your subscription period until you request a cancellation
(see Section 7. Account Termination Policy).
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D.
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IF THIS AGREEMENT RELATED TO SUBSCRIPTION FEES OR ANY FUTURE CHANGES ARE UNACCEPTABLE
TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION
BY REQUESTING AN ORDER CANCELLATION BY E-MAILING MEMBER SERVICES AT
UNSUBSCRIBE@FIGHTENGINE.COM (SEE SECTION 7 REGARDING FIGHTENGINE.COM TERMINATION
OF SERVICE). YOUR CONTINUED USE OF THE FIGHTENGINE.COM SUBSCRIPTION WEBSITE WILL
CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.
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E.
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FightEngine.com may change, suspend or discontinue any aspect of any of the FightEngine.com
Website at any time, including the availability of any feature, database or content.
FightEngine.com may also impose limits on certain features and services or restrict
your access to parts or all of any of the FightEngine.com Website without notice
or liability.
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F.
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You understand and agree that any Subscription for free or for a fee does not give
you any rights to the proprietary software and related documentation, or enhancements
or modifications thereto, provided to you to access FightEngine.com. You may not
sublicense, assign or transfer any licenses granted by FightEngine.com and any attempt
at such sublicense, assignment or transfer is void. You may not copy, distribute,
modify, reverse engineer or create derivative works from access to the FightEngine.com
Website.
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G.
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You agree that any submissions you make for electronic purchases or subscriptions
constitute your intent and agreement to be bound by the terms of the Agreement and
to pay for such purchases or subscriptions. Your intent and agreement to be bound
by electronic submissions applies to all records relating to all transaction you
enter into on the Service, including notices of cancellation, policies, contracts,
and applications. To the extent that any electronic purchases are offered to you
by a third party on or through FightEngine.com, you acknowledge that FightEngine.com
shall not be responsible or liable to you for the products or services purchased.
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FightEngine.com hereby grants you permission to access and use the Website as set
forth in these Terms of Service, provided that:
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A.
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You agree not to distribute in any medium any part of the Website, including but
not limited to User Submissions (defined below), without FightEngine.com's prior
written authorization.
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B.
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You agree not to alter or modify any part of the Website, including but not limited
to FightEngine.com's Embeddable Player or any of its related technologies.
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C.
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You agree not to access User Submissions (defined below) or FightEngine.com Content
through any technology or means other than the video playback pages of the Website
itself, the FightEngine.com Embeddable Player, or other explicitly authorized means
FightEngine.com may designate.
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D.
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You agree not to use the Website, including the FightEngine.com Embeddable Player
for any commercial use, without the prior written authorization of FightEngine.com.
Prohibited commercial uses include any of the following actions taken without FightEngine.com's
express approval:
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- sale of access to the Website or its related services (such as the Embeddable Player)
on another website;
- use of the Website or its related services (such as the Embeddable Player), for
the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the FightEngine.com website or any third-party website,
targeted to the content of specific User Submissions or FightEngine.com content;
- and any use of the Website or its related services (such as the Embeddable player)
that FightEngine.com finds, in its sole discretion, to use FightEngine.com's resources
or User Submissions with the effect of competing with or displacing the market for
FightEngine.com, FightEngine.com content, or its User Submissions.
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E.
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Prohibited commercial uses do not include:
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- uploading an original video to FightEngine.com, or maintaining an original channel
on FightEngine.com, to promote your business or artistic enterprise
- using the Embeddable Player to show FightEngine.com videos on an ad-enabled blog
or website, provided the primary purpose of using the Embeddable Player is not to
gain advertising revenue or compete with FightEngine.com;
- any use that FightEngine.com expressly authorizes in writing.
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F.
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If you use the FightEngine.com Embeddable Player on your website, you must include
a prominent link back to the FightEngine.com website on the pages containing the
Embeddable Player and you may not modify, build upon, or block any portion of the
Embeddable Player in any way.
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G.
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If you use the FightEngine.com Uploader, you agree that it may automatically download
and install updates from time to time from FightEngine.com. These updates are designed
to improve, enhance and further develop the Uploader and may take the form of bug
fixes, enhanced functions, new software modules and completely new versions. You
agree to receive such updates (and permit FightEngine.com to deliver these to you)
as part of your use of the Uploader.
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H.
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You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," or "offline readers," that accesses
the Website in a manner that sends more request messages to the FightEngine.com
servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing,
FightEngine.com grants the operators of public search engines permission to use
spiders to copy materials from the site for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. FightEngine.com reserves the right
to revoke these exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the Website
(e.g. comments, email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website with respect to their
User Submissions.
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I.
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In your use of the website, you will otherwise comply with the terms and conditions
of these Terms of Service, FightEngine.com Community Guidelines, and all applicable
local, national, and international laws and regulations.
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J.
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FightEngine.com reserves the right to discontinue any aspect of the FightEngine.com
Website at any time.
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In addition to the general restrictions above, the following restrictions and conditions
apply specifically to your use of content on the FightEngine.com Website.
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A.
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The content on the FightEngine.com Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content") and
the trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to FightEngine.com, subject to copyright and other intellectual
property rights under the law. Content on the Website is provided to you AS IS for
your information and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the respective
owners. FightEngine.com reserves all rights not expressly granted in and to the
Website and the Content.
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B.
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You may access User Submissions solely:
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- for your information and personal use;
- as intended through the normal functionality of the FightEngine.com Service;
- for Streaming.
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"Streaming" means a contemporaneous digital transmission of an audiovisual
work via the Internet from the FightEngine.com Service to a user's device in such
a manner that the data is intended for real-time viewing and not intended to be
copied, stored, permanently downloaded, or redistributed by the user. Accessing
User Videos for any purpose or in any manner other than Streaming is expressly prohibited.
User Videos are made available "as is."
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C.
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User Comments are made available to you for your information and personal use solely
as intended through the normal functionality of the FightEngine.com Service. User
Comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise
exploited in any manner not intended by the normal functionality of the FightEngine.com
Service or otherwise as prohibited under this Agreement.
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D.
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You may access FightEngine.com Content, User Submissions and other content only
as permitted under this Agreement. FightEngine.com reserves all rights not expressly
granted in and to the FightEngine.com Content and the FightEngine.com Service.
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E.
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You agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or distribution
of User Submissions of third parties obtained through the Website for any commercial
purposes.
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F.
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You agree not to circumvent, disable or otherwise interfere with security-related
features of the FightEngine.com Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the FightEngine.com Website
or the Content therein.
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G.
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You understand that when using the FightEngine.com Website, you will be exposed
to User Submissions from a variety of sources, and that FightEngine.com is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against FightEngine.com with respect thereto, and agree to
indemnify and hold FightEngine.com, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to your
use of the site.
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A.
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As a FightEngine.com account holder you may submit video content ("User Videos")
and textual content ("User Comments"). User Videos and User Comments are
collectively referred to as "User Submissions." You understand that whether
or not such User Submissions are published, FightEngine.com does not guarantee any
confidentiality with respect to any User Submissions.
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B.
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You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: you own or have the necessary licenses, rights,
consents, and permissions to use and authorize FightEngine.com to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service.
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C.
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For clarity, you retain all of your ownership rights in your User Submissions. However,
by submitting User Submissions to FightEngine.com, you hereby grant FightEngine.com
a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the FightEngine.com Website and FightEngine.com's
(and its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the FightEngine.com Website (and derivative
works thereof) in any media formats and through any media channels. You also hereby
grant each user of the FightEngine.com Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute, display
and perform such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The above licenses granted by you in User
Videos terminate within a commercially reasonable time after you remove or delete
your User Videos from the FightEngine.com Service. You understand and agree, however,
that FightEngine.com may retain, but not display, distribute, or perform, server
copies of User Submissions that have been removed or deleted. The above licenses
granted by you in User Comments are perpetual and irrevocable.
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D.
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In connection with User Submissions, you further agree that you will not submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to post
the material and to grant FightEngine.com all of the license rights granted herein.
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E.
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You further agree that you will not, in connection with User Submissions, submit
material that is contrary to the FightEngine.com Community Guidelines, found at
http://www.FightEngine.com/CommunityGuidelines.aspx,
which may be updated from time to time, or contrary to applicable local, national,
and international laws and regulations.
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F.
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FightEngine.com does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and FightEngine.com expressly disclaims any and all
liability in connection with User Submissions. FightEngine.com does not permit copyright
infringing activities and infringement of intellectual property rights on its Website,
and FightEngine.com will remove all Content and User Submissions if properly notified
that such Content or User Submission infringes on another's intellectual property
rights. FightEngine.com reserves the right to remove Content and User Submissions
without prior notice.
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A.
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FightEngine.com will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
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B.
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FightEngine.com reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations other than
copyright infringement, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. FightEngine.com may remove such User Submissions
and/or terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
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C.
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You may terminate your account at any time by requesting a cancellation by e-mailing
member services at
unsubscribe@fightengine.com . You will retain access through the duration
of your subscription term. You are responsible for all charges incurred up to the
time the account is deactivated, whether or not such charges were actually incurred
by you. FightEngine.com will reasonably attempt to return a cancellation confirmation
to your e-mail address. You should retain this confirmation as a record of your
cancellation. If you cancel your subscription FightEngine.com will not refund any
remaining portion of your subscription.
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A.
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If you are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
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- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
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FightEngine.com's designated Copyright Agent to receive notifications of claimed
infringement is: Victor E. Hobbs, Esq., 17981 Sky Park Circle, Suite C, Irvine,
CA 92614, email: copyright@FightEngine.com, fax: 949-221-1707. For clarity, only
DMCA notices should go to the Copyright Agent; any other feedback, comments, requests
for technical support, and other communications should be directed to FightEngine.com
customer service. You acknowledge that if you fail to comply with all of the requirements
of this Section, your DMCA notice may not be valid.
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B.
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Counter-Notice. If you believe that your User Submission that was removed (or to
which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the content in your User Submission, you may send a counter-notice
containing the following information to the Copyright Agent:
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- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed or
disabled;
- A statement that you have a good faith belief that the content was removed or disabled
as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent
to the jurisdiction of the federal court in Los Angeles or Santa Ana, California,
and a statement that you will accept service of process from the person who provided
notification of the alleged infringement.
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If a counter-notice is received by the Copyright Agent, FightEngine.com may send
a copy of the counter-notice to the original complaining party informing that person
that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at FightEngine.com's
sole discretion.
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YOU AGREE THAT YOUR USE OF THE FIGHTENGINE.COM WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, FIGHTENGINE.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. FIGHTENGINE.COM MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE FIGHTENGINE.COM WEBSITE. FIGHTENGINE.COM DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FIGHTENGINE.COM WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FIGHTENGINE.COM
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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While it is FightEngine.com’s intent or goal to hold fight events where each selected
member may be voted on as the highest ranked person to engage in a fight, exhibition
or event conducted by FightEngine.com nothing in this Agreement or any subscription
for free or any subscription for a fee guarantees, warranties or promises that any
voted on fighter or ring girl will be selected for a show, or event, nor does a
subscription guarantee, warranty, or promise that any show, fight, exhibition, or
event will ever take place. You understand and agree that in order for an event
to take place FightEnine.com must first accumulate a minimum fee amount as a requirement
for an event to take place. This minimum fee amount is set solely by the FightEngine.com
staff and may be subject to change at FightEngine.com’s sole discretion.
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You understand that by using the FightEngine.com Website that you may encounter
content that may be deemed offensive, indecent, or objectionable, which content
may or may not be identified as being explicit. Nevertheless, you agree to use the
FightEngine.com Website at your sole risk and that FightEngine.com shall have no
liability to you for content that may be found to be offensive, indecent, or objectionable.
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IN NO EVENT SHALL FIGHTENGINE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE FIGHTENGINE.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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YOU SPECIFICALLY ACKNOWLEDGE THAT FIGHTENGINE.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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The Website is controlled and offered by FightEngine.com from its facilities in
the United States of America. FightEngine.com makes no representations that the
FightEngine.com Website is appropriate or available for use in other locations.
Those who access or use the FightEngine.com Website from other jurisdictions do
so at their own volition and are responsible for compliance with local law.
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You hereby agree to indemnify, defend and hold harmless FightEngine.com, its parent
corporation, officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and
access to the FightEngine.com Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that one
of your User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the FightEngine.com
Website.
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You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of 13,
as the FightEngine.com Website is not intended for children under 13. If you are
under 13 years of age, then please do not use the FightEngine.com Website. There
are lots of other great web sites for you. Talk to your parents about what sites
are appropriate for you.
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These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by FightEngine.com without restriction.
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You agree that: (i) the FightEngine.com Website shall be deemed solely based in
California; and (ii) the FightEngine.com Website shall be deemed a passive website
that does not give rise to personal jurisdiction over FightEngine.com, either specific
or general, in jurisdictions other than California. These Terms of Service shall
be governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. Any claim or dispute between you and
FightEngine.com that arises in whole or in part from the FightEngine.com Website
shall be decided exclusively by a court of competent jurisdiction located in Los
Angeles or Santa Ana, California. These Terms of Service, together with the Privacy
Notice at http://www.FightEngine.com/PrivacyPolicy.aspx
and any other legal notices published by FightEngine.com on the Website, shall constitute
the entire agreement between you and FightEngine.com concerning the FightEngine.com
Website. If any provision of these Terms of Service is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which shall remain
in full force and effect. No waiver of any term of these Terms of Service shall
be deemed a further or continuing waiver of such term or any other term, and FightEngine.com's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. FightEngine.com reserves the right
to amend these Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the FightEngine.com
Website following any amendment of these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU AND FIGHTENGINE.COM AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE FIGHTENGINE.COM WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
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