The terms and conditions of this Agreement are subject to change by MMATTERS.COM at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use MMATTERS.COM.
The terms and conditions contained herein apply to all users of MMATTERS.COM whether a 'visitor' or a 'registered member' and you are only authorized to use MMATTERS.COM if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
The MMATTERS.COM website allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view Mixed Martial Arts related content, including violent and gory images. In addition, MMATTERS.COM contains video and animated gif content, MMA information and other materials posted/uploaded by users. MMATTERS.COM allows its users to view the Content and Service subject to the terms and conditions of this Agreement.
The MMATTERS.COM website may also contain certain links to third party websites which are in no way owned or controlled by MMATTERS.COM. MMATTERS.COM assumes no responsibility for the content, privacy policies, practices of any and all third party websites. MMATTERS.COM cannot censor or edit the content of third party sites. You acknowledge that MMATTERS.COM will not be liable for any and all liability arising for your use of any third-party website.
MMATTERS.COM is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by MMATTERS.COM. Any illegal and/or unauthorized use of MMATTERS.COM is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the MMATTERS.COM website is prohibited.
You acknowledge and agree that you shall be responsible for your own user submissions/contributions and the consequences of posting, embedding, uploading, publishing, transmitting, or other making them available on MMATTERS.COM. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on MMATTERS.COM content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on MMATTERS.COM software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on MMATTERS.COM content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on MMATTERS.COM content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use MMATTERS.COM in any way that exposes MMATTERS.COM to criminal or civil liability.
You agree that MMATTERS.COM shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
4. INTELLECTUAL PROPERTY
The Content contained on MMATTERS with the exception of User Contents including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to MMATTERS.COM, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and personal use only and may not be used, 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. MMATTERS.COM reserves all rights not expressly granted in and to the Service and the Content. 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, and/or distribution of User Contents of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the MMATTERS.COM or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MMATTERS.COM Service or the Content therein.
5. USER CONTENT
MMATTERS.COM allow users to embed videos and animated gifs, upload photos, post comments, and contribute MMA related information ("User Content"). You are solely responsible for your User Content that you embed, upload, submit, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that:
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) and rights of publicity and privacy. MMATTERS.COM reserves the right, but is not obligated, to reject and/or remove any User Content that MMATTERS.COM believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
MMATTERS.COM takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you embed, upload, download, stream, post, transmit, display, link to, or otherwise make available or access through your use of the Service, is solely your responsibility. MMATTERS.COM is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that MMATTERS.COM shall not be liable for any damages you allege to incur as a result of such User Content.
6. ACCOUNT TERMINATION POLICY
You represent and warrant that all of the information provided by you to MMATTERS.COM to participate in the MMATTERS.COM website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE MMATTERS.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MMATTERS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MMATTERS.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
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL MMATTERS.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
You agree to defend, indemnify and hold harmless MMATTERS.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:
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 Service is not intended for children under 13. If you are under 13 years of age, then please do not use MMATTERS.COM.
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MMATTERS.COM without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement shall be governed by the laws of the United States and the State of California. Any action to enforce this Agreement shall be brought in the federal or state courts located in Kern County, California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Dated: June, 2014