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TERMS AND CONDITIONS OF USE.
INTRODUCTION:
This website (the "Site") is owned and operated by MMAFANATICS
("MMAFANATICS"). By viewing or using our Site, you agree to these Terms and
Conditions, and those promulgated by MMAFANATICS from time to time. MMAFANATICS
reserves the right to amend, change or modify these Terms and Conditions at any
time, with or without notice to you. By using the Site after we post any such
changes, you hereby agree to such modified terms. If you do not agree to any of
these Terms or Conditions or any changes made by MMAFANATICS hereafter, you may
simply exit the Site.
This Site is operated by MMAFANATICS, from its offices in Costa Mesa,
California, USA. MMAFANATICS makes no representation that content of the Site is
appropriate or lawful in other territories or jurisdictions. Use or access of
this Site from territories or jurisdictions where the Site or any of its content
is illegal, unlawful, volatile of obscenity or other laws is strictly
prohibited. Those who choose to access this Site from other states or countries
do so at their own risk and such users are MMAFANATICS responsible for
compliance with applicable local laws.
The content that appears on our Site is for informational purposes only. We
do our best to ensure that the information posted on the Site (including product
models and availability, dealer locations, etc.) is timely and accurate;
however, errors do appear from time to time. We are not responsible for, and do
not guarantee the performance of, goods and services provided by any third party
to whose website we link. We may from time to time place a button or link to the
website of another individual or company. Any links on this Site are designed
for convenience only, and do not constitute an endorsement by MMAFANATICS of
that site, its owner or host or the products or services offered or listed on
such site.
All text, images, graphics, logos, icons, design elements, trademarks, trade
dress and other Site content, as well as the specific arrangement thereof, are
Copyright © 2006, MMAFANATICS, 423 West Bay Street, Suite #5, Costa Mesa, CA
92627. All rights reserved.
OWNERSHIP OF SITE CONTENT:
Unless otherwise stated, the text, software, images, graphics, logos, icons,
photographs, images, illustrations, audio clips, video clips, design elements,
copyrights and copyrightable materials, trademarks, trade dress and other Site
content (collectively referred to herein as the "Site Content") are the
exclusive property of MMAFANATICS or its licensors. Except where such permission
is specifically granted, you may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit, any of the
Site Content, in whole or in part. You may download copyrighted material for
your personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of MMAFANATICS and, where applicable, the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. MMAFANATICS grants you no express or implied
rights by way of your permitted downloading of copyrighted material.
RESTRICTIONS ON YOUR USE:
Your use of this Site is pursuant to a single-copy revocable license granted
to you. As a condition of your use of this Site, you warrant to MMAFANATICS that
you will not use this Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. All other rights, including all rights of
ownership, are reserved by MMAFANATICS. This means that you may access the Site
using a browser and you may download one copy of the Site Content on a single
computer for your own personal and non commercial internal use. You shall not:
(a) modify the Site Content, in whole or in part; (b) use the Site Content, in
whole or in part, for any commercial purpose or public display, performance,
sale, or rental; (c) de compile, reverse engineer, or disassemble software
materials; (d) remove any copyright notice or other proprietary notices from the
Site Content; or (e) assign, transfer or export, or attempt to assign, transfer
or export, the Site Content, in whole or in part, to another person. You agree
to prevent any unauthorized copying of the Site Content.
TRADEMARKS:
The trademarks, logos and any designs used or displayed on the Site are
trademarks and/or service marks owned by MMAFANATICS or, on occasion, used by
MMAFANATICS under license from another third party. Any use of trademarks,
service marks, product names and company names or logos, including the
reproduction, modification, distribution or republication of same without the
prior written permission of MMAFANATICS, is strictly prohibited. Other
trademarks, service marks, trade names and company logos utilized in the Site
are the property of their respective owners. All rights reserved.
LINKING AND FRAMING:
As a matter of policy, MMAFANATICS does not permit you to create or post a
link or a frame to any MMAFANATICS site (including this Site) without
MMAFANATICS's prior written approval. If you wish to link to the Site, please
contact us at legal@mmafanatics.com, to apply for permission to do so.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR MMAFANATICS RISK. NEITHER
MMAFANATICS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MMAFANATICS IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL MMAFANATICS OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE
SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN NO EVENT SHALL MMAFANATICS (INCLUDING ITS EMPLOYEES, DIRECTORS, AND
AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES,
AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR
ANY HYPERLINKED WEBSITE, EVEN IF MMAFANATICS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MMAFANATICS IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
CONTENT YOU POST:
You agree not to post or transmit through the Site any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without MMAFANATICS's express prior
approval, contains advertising or any solicitation with respect to products or
services. Any conduct by you that in MMAFANATICS's discretion restricts or
inhibits any other user from using or enjoying the Site will not be permitted.
You shall not use the Site to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers
of other on line services, whether or not such other services are competitive
with MMAFANATICS. By submitting material to any public area of the Site,
including but not limited to chat rooms, you automatically grant (or warrant
that the owner of such material has expressly granted) MMAFANATICS the royalty
free, perpetual, irrevocable, non exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. You also permit any other user of the Site to
access, view, store or reproduce the material for that user's personal use. You
hereby grant MMAFANATICS the right to edit, copy, publish and distribute any
material made available on the Site by you. MMAFANATICS shall have the right,
but not the obligation, to monitor the content of the Site, including chat rooms
and forums, to determine compliance with these Terms and Conditions or any
operating rules established by MMAFANATICS and to satisfy any law, regulation or
authorized government request. MMAFANATICS shall have the right in its
MMAFANATICS discretion to edit, refuse to post or remove any material submitted
to or posted on the Site. Without limiting the foregoing, MMAFANATICS shall have
the right to remove, at any time and without notice to you, any material that
MMAFANATICS, in its MMAFANATICS discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
TERMINATION:
This agreement is effective until terminated by MMAFANATICS, at any time
without notice. In the event of termination, you are no longer authorized to
access this Site and the restrictions imposed on you with respect to the Site
Content as well as the disclaimers and limitations of liabilities set forth in
this agreement, shall survive.
GENERAL TERMS:
This Site, and its use, shall be governed by the substantive laws of the
State of California and the United States of America. The exclusive jurisdiction
and venue for any dispute or litigation arising out of or related to the Site,
its content, these Terms and Conditions or your use of the Site shall be the
state or federal courts located in the County of Orange, California. Any rights
not expressly granted herein are reserved by MMAFANATICS. If any part of this
Agreement is for any reason found to be unenforceable, all other parts
nevertheless remain enforceable. Failure of MMAFANATICS to enforce a right under
these Terms and Conditions will not act as a waiver of that right or the ability
to later assert that right relative to the particular situation involved. The
above stated rules represent the entire understanding between each user of the
MMAFANATICS Site, regarding each user's relationship with MMAFANATICS and
supersedes any prior statements or representations.
COMMENTS:
MMAFANATICS welcomes your comments. If you have questions or comments about
our policies, feel free to send us an e mail at: info@mmafanatics.com.
PRIVACY CONCERNS:
We respect the privacy of our users. We have established a separate privacy
policy (accessible by a "Privacy Policy" button on the Site) that sets forth
some of the MMAFANATICS privacy issues, or you can contact us at: info@mmafanatics.com
for more information.
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