Terms Of Use

TERMS OF USE AND RULES AGREEMENT

Last Modified: May 12, 2015

WEBSITE TERMS OF USE AGREEMENT

Bellator Sport Worldwide, LLC (referred to as “us” or “we”) provides the www.bellator.com site and subscription newsletter (together referred to as this “Site”) subject to your compliance with this Official Terms of Use Agreement (“Agreement”) In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those contained in this Agreement. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and/or services (“Additional Terms“), including, but not limited to, rules of participation (“Rules“) which govern certain activities and services such as contests and sweepstakes. The Site’s Additional Terms and Privacy Policy (add hyperlink) are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement (including, without limitation, the Privacy Policy (add hyperlink) and any Additional Terms), including any indemnifications, warranties and limitations of liability. As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

The words “use” or “using” in this Agreement, means any time an individual (a “user“), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein, below. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device“).

BY COMPLETING THE BELLATOR NEWSLETTER REGISTRATION/SIGN-UP PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

This Site is offered and made available only to users 18 years of age or older (the “Site Minimum Age“) and is designed and targeted to audiences residing in, and is governed and operated in accordance with the laws of, the United States of America, its territories and possessions (“U.S.“). By using this site, you hereby 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 this Agreement, and to abide by and comply with this Agreement.

This Agreement is effective as of May 12, 2015.  We reserve the right to change the terms of this Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and this  Agreement periodically and to be aware of any modification to the terms of this Agreement. Your continued use of this site after such modification will constitute your acknowledgement of the modified terms of this Agreement and your agreement to abide and be bound by the changes.

  1. Description of Services

We make various services available on this site including, but not limited to, Bellator Newsletter Subscriptions.  You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a Device, modem, and your own Internet access (including payment of telephone and/or cable service fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, the addition of fee-based services and forums.  Any new features that augment or enhance the then-current services on this site shall also be subject to this Agreement.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that any and all services available on this site, either now or in the future, are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.

  1. Registration Data and Privacy

In order to access some of the services on this site, you will be required to complete our online registration/sign-up form, which requests certain information and data (“Sign-Up Data”). By signing up, you agree that all information provided in the Sign-Up Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Sign-Up Data about you. The information we obtain through your use of this site, including your Sign-Up Data, is subject to any privacy policies we may adopt from time to time at our sole and absolute discretion, which are specifically incorporated by reference into this Agreement.

You also understand and agree that we are not soliciting your business or any commerce of any kind based on your geographic location, city, or state of residence.  We do not know your state of residence and therefore are not making any efforts to target or solicit you in that particular state and you thus waive any argument or claim that we have deliberately made contact with or purposefully availed ourselves to you in your state or city of residence.

  1. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through and to the site.

We may provide you with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information (“Post” or “Postings“). We neither endorse nor assume any liability for the contents of any material uploaded, linked to, or submitted by third-party users of the site.  We generally do not prescreen, monitor, or edit the content posted by users of social media services that are linked or fed into this site.  However, we and our agents have the right, at our sole and absolute discretion, to remove any content that, in our judgment, does not comply with this Agreement and any other Rules for our site or is otherwise harmful, objectionable, or inaccurate.  We are not responsible for any failure or delay in removing such content.  You hereby consent to such removal and waive any claim against us arising out of such removal of content.  See “User Materials” below for a description of the procedures to be followed in the event that any party believes that content on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us at postremoval@bellator.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information. Please also note that any requests for removal do not ensure complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party.

Not all areas of the site may be available to you or other authorized users of the site. You may not attempt to gain unauthorized access to our network or server.  You may not use any device, program, methodology, or any similar or equivalent process, to access, acquire, copy, or monitor any part of the site or any content on the site, or in any way reproduce or circumvent the navigational structure or presentation of the site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Specifically, you may not probe, scan, or test the vulnerability of the site or any network connected to it.  You may not breach or attempt to breach the security or authentication measures currently in place on the site or any network connected to it. You may not trace, reverse look-up, or otherwise seek to trace any information on any other user of or visitor to the site.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.  Any site users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your ability to use the site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  1. E-Commerce Services

We may offer certain e-commerce services including the ability to purchase goods and services via the Bellator MMA web shop located at www.shop.bellator.com (the “E-Commerce Service” or “Bellator Web Shop“). The E-Commerce Service utilizes the third party operational service provider Amazon.com. All purchases made through our third party operational service provider are subject to the third party operational service provider’s terms and conditions of use, which are Additional Terms and incorporated herein by reference. Additional information regarding the Bellator Web Shop’s third party service provider can be found here (insert link to webstore policy page). We and our Affiliates are not responsible and have no liability whatsoever for goods or services you obtain through our third party service provider or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. We and our Affiliates do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We and our Affiliates are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through the third party service provider, even if the goods or services were shown on a Site page. We cannot ensure that you will be satisfied with any products or services that you purchase from the third-party operational service provider as those are owned and operated by an independent entity. Customer service issues related to goods or services should be directed to the third party operational service provider. Please visit the Bellator Web Shop (insert link to webstore account page) Account page for more information.

We and our Affiliates do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. Furthermore, customer reviews seen in the Bellator Web Shop are provided by Amazon.com users and are subject to Amazon.com’s own community guidelines. We, our Affiliates, and our third party operational service provider reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.

  1. Third-Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  1. Intellectual Property Information

For purposes of this Agreement, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.

By accepting this Agreement, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Bellator Sport Worldwide, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider.  Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this site will not infringe the rights of third parties.  See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Bellator Sport Worldwide, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners.  Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name of Bellator Sport Worldwide, LLC or its Affiliates.

  1. User’s Materials

Subject to any privacy policies we may implement from time to time at our sole and absolute discretion, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas, proposals, suggestions or materials of any nature whatsoever, so please do not submit them to us in any circumstance. By ignoring this policy and submitting or otherwise transmitting to us any such unsolicited materials, including, but not limited to, any text, photos, audio recordings, artwork, designs, software, data, video, or any other materials, you are giving us permission, in perpetuity, on a royalty-free and no-charge basis, to use any such unsolicited materials, in whole or in part, in connection with the site or any of our advertisements and promotions, and for any other purpose for which we choose to use the unsolicited materials.  No materials sent to us will be considered or treated as confidential, privileged, or proprietary in any way.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed (a “Copyright Infringement”) by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the work claimed to have been infringed
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. 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, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of Copyright Infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of Copyright Infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Vice President, Business and Legal Affairs

Bellator Sport Worldwide, LLC

2600 Colorado Avenue, Santa Monica, CA 90404

(310) 907- 2203

You acknowledge and agree that upon receipt of a notice of a claim of Copyright Infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Disclaimer of Warranties

ALL MATERIALS AND ANY SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) ANY SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS, (B) ANY SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR TICKETS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with certain vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Bellator Sport Worldwide, LLC.  We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Bellator Sport Worldwide, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into this Agreement.

Under no circumstances will Bellator Sport Worldwide, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of this Agreement and your use of this site shall be limited to actual damages incurred as a direct result of the services on the site during the one-month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED IN CONNECTION WITH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS RELATED TO THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Ads and Malware

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at admin@bellator.com.

  1. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

  1. Mobile Applications

If Bellator offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services“), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

UNDER NO CIRCUMSTANCES WILL BELLATOR SPORT WORLDWIDE, LLC OR ITS AFFILIATES BE RESPONSIBLE FOR ANY WIRELESS EMAIL, TEXT MESAGING OR OTHER CHARGES INCURRED BY A USER (OR ANY PERSON THAT HAS ACCESS TO A USER’S WIRELESS DEVICE, TELEPHONE NUMBER, OR EMAIL ADDRESS) USING ANY MOBILE APPLICATION SERVICES.

  1. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

  1. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5–11, 14, and 18–20 of this Agreement, as well as your liability for any unpaid fees, shall survive any termination.

  1. Governing Law

This site (excluding any linked sites) can be accessed from all fifty states, as well as from other countries around the world.  By accessing this site, both of us agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Orange County, California and the United States District Court for the Central District of California with respect to such matters.

  1. Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Website Administrator at 2600 Colorado Avenue, Santa Monica, CA 90404.  Notices to you may be sent either to the e-mail address supplied by you as part of your Sign-Up Data, if any.  In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

  1. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. this Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) and this Agreement may ONLY be altered by Bellator Sport Worldwide, LLC at its sole and absolute discretion.  To the extent that anything in or associated with this site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

  1. Miscellaneous

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.  You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Agreement.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the content and/or any services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.

 

Copyright © 2014 Bellator Sport Worldwide, LLC – All Rights Reserved.