Use agreement for using the Message Board associated with the WWR website
The Washington Wrestling Message Board policy for usage is listed below. The terms for anyone using the message board and the main WashingtonWrestlingReport.com website are as follows:
WASHINGTONWRESTLINGREPORT.COM TERMS OF SERVICE
Last Revised July 1, 2011
This agreement governs your access to and use of Washingtonwrestlingreport.com, (“Washingtonwrestlingreport.com” or “we”) facilities, message boards or forums, and services (collectively the “Service”) under Washingtonwrestlingreport.com’s service plans. In consideration for your right to use the Service, you agree as follows:
SERVICE PROVIDED UNDER PAID SERVICE PLANS
Washingtonwrestlingreport.com, provides access to a message board or forum and website to the user, who is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission. Service is provided “as is.” There may, among other things, be unexpected downtimes, loss of data, or interruptions of service. WASHINGTONWRESTLINGREPORT.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS. FURTHERMORE, THE COMPANY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
Washingtonwrestlingreport.com is not obligated to monitor the Service, but may do so and may remove or edit any message or adjust the settings of your account. Messages that Washingtonwrestlingreport.com may, in its sole discretion, elect to remove or edit include without limitation those which violate the “Content Restrictions” enumerated herein.
The following content is not allowed on the message board or forum:
- Adult content
- Obscene material
- Nudity or pornography
- Material that infringes intellectual property or other proprietary rights of any party
- Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
- Piracy, hacking, viruses, worms, or warez
- Any illegal content
- Any link to or any image from a site containing any material outlined in these restrictions
- Any material deemed offensive or inappropriate by Washingtonwrestlingreport.com, in its sole discretion, may remove such material without prior notice.
Washingtonwrestlingreport.com reserves the right to modify these terms of service at any time. You agree to review these terms of service regularly, and, at a minimum, to review these terms of service at least once every 15 days. Washingtonwrestlingreport.com shall not be responsible for your failure to receive e-mail notices that we have sent.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WASHINGTONWRESTLINGREPORT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WASHINGTONWRESTLINGREPORT.COM (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, WASHINGTONWRESTLINGREPORT.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA, OR OTHER LOSSES (EVEN IF WASHINGTONWRESTLINGREPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. FURTHERMORE, THE COMPANY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Washingtonwrestlingreport.com and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim or demand arising out of or related to your (including your agents, affiliates or anyone using your board, whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation claims arising out of or related to your violation of these terms of service, or your violation of the rights of another person. Should Washingtonwrestlingreport.com be notified of a pending legal action, or receive notice of the filing of a legal action, Washingtonwrestlingreport.com may seek written confirmation from you concerning your obligation to indemnify Washingtonwrestlingreport.com , and you agree to provide such confirmation promptly.
You agree to take all reasonable steps to ensure that those who post (“Posters”) to your message board or forum are at least thirteen (13) years of age, including without limitation informing any Poster to your board that you learn or believe is younger than thirteen (13) that they may no longer post on your board and deleting any posts made by that person.
You agree that Washingtonwrestlingreport.com may preserve content and membership information and may release any or all preserved content or membership information to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these terms of service, violated the rights of third-parties, impaired in any respect the ability of Washingtonwrestlingreport.com to operate the Service properly, or endangered in any respect Washingtonwrestlingreport.com or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
Washingtonwrestlingreport.com does not claim ownership of content you or third-parties post to your board. With respect to content that you post or make available through your board, however, without limiting any other rights these terms of service afford to Washingtonwrestlingreport.com, you grant Washingtonwrestlingreport.com a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented on your board is protected by intellectual property or other proprietary rights and laws.
Notices to you may be made via either e-mail or regular mail. Washingtonwrestlingreport.com may also provide notices of changes to these terms of service or other matters by displaying notices or links to notices to you generally on Washingtonwrestlingreport.com ’s website or on the Service.
Washingtonwrestlingreport.com shall have the sole discretion as to what constitutes a violation of any of these terms of service.
You may not sell or resell the Service or otherwise charge or receive any fees in connection with the Service.
You may not assign or otherwise transfer this agreement without Washingtonwrestlingreport.com’s explicit written permission, and subject to any requirements or restrictions on which Washingtonwrestlingreport.com may condition such permission.
This agreement creates no third-party beneficiaries.
You warrant that all information you supplied to Washingtonwrestlingreport.com during the account creation process is true and accurate to the best of your knowledge. You agree promptly to notify Washingtonwrestlingreport.com of any changes to this information.
CHOICE OF LAW AND FORUM
The Washingtonwrestlingreport.com Terms of Service shall be governed by the laws of the State of Washington, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Washington, USA in any and all disputes arising out of, or related to, your use of Washingtonwrestlingreport.com’s services.
If any condition in these terms of service is found unenforceable, Washingtonwrestlingreport.com reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.
These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between the parties.
Washingtonwrestlingreport.com’s failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Washingtonwrestlingreport.com’s right subsequently to enforce every provision of the terms of service.
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