Please read the following Terms carefully. By accessing, browsing, registering with or using the Site, you acknowledge that you have read, understood and agreed to be bound by the Terms. If you do not agree to the Terms, you should not access the Site.
Tapology reserves the right, at our absolute discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of the revised Terms, including any and all changes.
By using the Site, you agree to abide by any additional rules or guidelines posted from time to time within the Site, including but not limited to any Site announcements as well as any so-called "Stickies" located in the Tapology Forums or elsewhere on the Site. All such additional guidelines are incorporated by reference into these Terms.
Users are prohibited from engaging in any of the following conduct in connection with the Site:
Stalking, harassing, menacing, or threatening any other User; or soliciting or encouraging any one or more Users to engage in such conduct; or conspiring with any one or more Users on the Site or elsewhere to engage in such conduct;
Using the Site, or any information contained on the Site, for the purpose of, or in furtherance of, any illegal gambling related activity, or the wagering of money on sporting events, or participating in any prohibited sports betting activity in connection with the Site;
Sharing, posting, submitting, distributing, soliciting, requesting, or linking to any lewd, pornographic, sexually explicit, or degrading material or content; or any material or content which is hateful or otherwise inappropriate with regard to race, nationality, gender, ethnicity, or sexual orientation;
Discussing, promoting, depicting or soliciting any form of child sexuality, abuse, exploitation, or related topics that may be harmful or threatening to a child or minor;
Sharing, posting, submitting, distributing, or linking to any material or content which is fraudulent, deceptive, libelous, defamatory, violative of privacy, or otherwise tortious or offensive;
Infringing on any copyright, trademark, right of publicity or other intellectual property right of any other person or entity; or misrepresenting the source, ownership, identity or content of information transmitted on or to the Site;
Impersonating any other person (including but not limited to any professional fighter, coach, manager, promoter or agent, any other celebrity or public persona, any User, or Tapology or its staff or volunteers);
Sending, posting, submitting, distributing or knowingly linking to any material or content that contains software viruses or other code intended to alter, control, damage, or interfere with any hardware, software, equipment, system, data or other Site structure or content; or undertaking any activity or utilizing any technology on the Site which exceeds the bandwidth or other data traffic demands reasonably expected of individual, private, non-commercial Site usage;
Sharing, publicizing, distributing, transferring, offering for sale or trade, or selling or trading your own or any other Site User's username and password or related login information; or interfering with, probing, or testing any privacy or security-related features of the Site;
Accessing or attempting to access any nonpublic portions of the Site, or modifying or attempting to modify any source code; or hacking, deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code, aggregated personal user information (including e-mail, username or password information), database design or contents, or underlying ideas or algorithms of any part of the Site;
Using bots on the Site; data scraping the Site or any part of the Site; password mining the Site or any part of the Site; or using the Site in any way in order to send spam or junk e-mail or chain letters or other unsolicited advertisements or offers to Users or professional fighters, coaches, managers, promoters or agents; or exploiting any Site glitch for the purpose of monetary gain;
The Site is not available to persons under the age of 13, or to any Members suspended (for the term of the suspension) or removed from the Site. Tapology may, in its sole discretion, refuse its services to any person or entity for any reason or no reason, or change its eligibility criteria at any time.
You agree that the information you transmit to the Site, including but not limited to information provided during Member registration, will be true, accurate, current and complete. You agree to keep your registration information accurate and up-to-date at all times.
When you register as a Member you will be asked to provide a username and password. By registering as a Member, you agree to be held responsible for all activities that occur under your username and password. Therefore, you should keep your password confidential and take reasonable measures to protect its confidentiality. If you have reason to believe your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any other personal information), notify Tapology immediately.
Tapology's Intellectual Property Rights
The Site's visual style, visual interfaces, site graphics and design, database architecture, site information, source code and other elements are protected by intellectual property laws, including copyright, trademark and patent laws, international conventions and other applicable laws. Except for certain User Generated Content that is owned by and provided by our Site Users, all materials and information found on the Site are the property of Tapology.
"Tapology" and the Tapology company logo are registered trademarks of Tapology. Except as expressly authorized by Tapology, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, mirror, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized commercial use of the Site or its contents. You agree to abide by all copyright notices, information and restrictions on the Site, and any cease and desist orders directed to you in connection with the Site.
User Generated Content
The Site permits Users to submit text and multimedia content to it in various formats, including forum posts, bout prediction comments, wiki entries, personal User ranking comments, and personal User profile information, including text descriptions as well as User-submitted photos or graphics (together the "User Generated Content"). By submitting any User Generated Content, you understand that such material is submitted for hosting, sharing, publishing and distributing on or by the Site, and that the Site does not undertake or guarantee any confidential treatment of its User Generated Content. Content submitted by Site Users which is not in the form of text, multimedia or other forms of tangible individual expression, including individual bout prediction entries and data, individual ranking entries and data, forum post "up" and "down" ratings, and related Site data, is specifically excerpted from this definition of User Generated Content and is the sole property of Tapology at all times.
Tapology Members retain all ownership rights in their respective User Generated Content. By submitting User Generated Content to the Site, you hereby grant to Tapology a worldwide, non-exclusive, perpetual, irrevocable, assignable, sublicensable, fully paid and royalty-free license to use, modify, display, reproduce, distribute, perform, prepare derivative works of and otherwise fully use your User Generated Content on the Site and through any media channels, and to reformat, excerpt or translate any User Generated Content. This license does not grant Tapology the right to use your User Generated Content for any other commercial purpose except in providing the Site services. You further grant other Members of Tapology a non-exclusive license to use your User Generated Content solely as needed to fully participate on and enjoy the Site.
In connection with User Generated Content, you affirm, represent and warrant that (a) you own, or have the necessary licenses, rights, consents and permissions to use and to authorize Tapology and other Members to use your User Generated Content as described herein; (b) you have the written consent, release, and permission of each and every identifiable individual person in any User Generated Content to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Generated Content in the manner contemplated and intended by Tapology and these Terms; and (c) you will pay all royalties, remuneration, damages or other amounts owed to any person or entity due to your User Generated Content on Tapology. You agree that you will not engage in any prohibited conduct as outlined in these Terms in connection with any User Generated Content.
You understand and agree that when using Tapology you will be exposed to the User Generated Content of a variety of Users and from a variety of different sources, and that Tapology is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Generated Content. You further understand and agree that you may be exposed to User Generated Content that is inaccurate, offensive, indecent or resourceionable, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against Tapology with respect thereto, and agree to indemnify and hold Tapology harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Tapology does not endorse any User Generated Content or any opinion, recommendation or advice expressed therein, and Tapology expressly disclaims any and all liability in connection with User Generated Content. If notified by a Member or a content owner of User Generated Content that allegedly does not conform to these Terms, Tapology may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Generated Content, which it reserves the right to do at any time. Tapology has the right, but not the obligation, to monitor Tapology, and may remove any User Generated Content at any time for any reason. Tapology assumes no responsibility for actively monitoring the Tapology Forums for inappropriate messages.
Tapology does not permit copyright infringing activities to take place on the Site, and responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. If you need to contact Tapology regarding a claim of alleged copyright infringement, please see the procedures located in our frequently asked questions.
Third Party Links
The Site may include links to other web sites, products or services. Except where expressly stated, Tapology does not endorse any third party links or the information, materials, products, or services contained on or accessible through other linked sites. Tapology makes no express or implied warranties with regard to the information, materials, products or services that are contained on or accessible through linked sites. Access and use of linked sites is solely at your own risk, and you acknowledge that Tapology will not be liable, directly or indirectly, for any alleged loss or damage owing to your use of any linked site.
Account Suspension and Termination
Tapology may, in its sole discretion, for any or no reason, and with or without notice, suspend or terminate any User account on the Site. Tapology will determine, in its sole discretion, the treatment and disposition of any information connected to a suspended or deleted User account, including whether to maintain, modify or delete any or all information connected to the account, including any User Generated Content or other Site usage history. In the event of an account suspension, Tapology may determine, in its sole discretion, the conditions under which such suspension may be lifted, as well as any definite or indefinite time period for the suspension. You may contact Tapology via e-mail in the event that you believe your account has been incorrectly suspended or terminated.
Tapology reserves the right, where appropriate, to refer any suspected fraudulent or illegal activity in connection with any User account to appropriate law enforcement authorities. These remedies are in addition to any additional remedies Tapology may possess at law or in equity.
If you wish to remove your account on Tapology, you may do so by contacting us via one of our contact forms with a request for removal of your personal account information from the Site. In such circumstance, Tapology will undertake to remove any User Generated Content from any publicly accessible locations on the Site. Such changes may not take effect immediately.
You acknowledge that Tapology has no control over, and no duty to take action with respect to, which persons access the Site, what materials you access via the Site, what effects such materials have on you, how you may interpret or use such materials, or what actions you may take as a result of having been exposed to such materials. The Site may contain links to websites containing information that some people may find offensive or inappropriate. You release Tapology from any and all purported liability for your use of the Site.
The Site is made available to you for entertainment purposes only. The Site is provided to you "as is" and "as available" without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Tapology disclaims all warranties, whether statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Tapology does not warrant or guarantee the correctness, accuracy, reliability or completeness of any information contained on the Site, including any factual or statistical assertions contained on the Site. Tapology does not warrant that the Site or any functions on the Site will be uninterrupted or error-free, free of any latent defects, that any such defects will be corrected, or that the Site or any servers or hosting environment for the Site will be free of viruses or other components that may cause damage to your computing environment. You agree to assume the entire cost of any necessary servicing, repair or correction to any computer hardware or software component allegedly damaged or altered as a result of your usage of the Site. You understand and acknowledge that you download any materials or data from the Site at your own risk, and that you will be solely responsible for any damages to your computing environment resulting from the download of such materials or data.
You agree to indemnify, save, and hold Tapology harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of Tapology, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Tapology reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tapology, and you agree to cooperate with Tapology's defense of these claims.
Under no circumstances, including but not limited to negligence, will Tapology be liable for any special, indirect, incidental, consequential, punitive, reliance or exemplary damages that result from your use or your inability to use the Site or any part of the Site, or any other interactions with Tapology or the Site, or any interactions with other Site Users or Members. These limitations also apply with respect to damages incurred as a result of third party links located on the Site.
Except as explicitly stated otherwise, you agree that the e-mail address you provide to Tapology during your registration with the Site shall be the sole means of communication required by Tapology to you for any purpose, including any required legal purpose. In the event that you are an unregistered Site user, you consent to electronic communication as the sole necessary means of communication required by Tapology to you for any purpose.
The failure of Tapology to exercise or enforce any right or provision of these Terms will not constitute a waiver of that or any other right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Tapology.
By using the Site, you agree that any and all disputes, claims or controversies arising out of or relating to your usage of the Site or the Agreement shall be determined by confidential, final and binding mediation or arbitration. Mediation proceedings shall be conducted in accordance with the Commercial Mediation Procedures of the American Arbitration Association and arbitration proceedings shall be conducted under the Rules of Commercial Arbitration of the American Arbitration Association.
Disputes, claims, and controversies subject to final and binding mediation or arbitration include, without limitation, all those that otherwise could be tried in a court to a judge or jury in the absence of the Agreement. By agreeing to submit all disputes, claims or controversies to binding mediation or arbitration, you expressly agree not to commence any civil action, suit or other proceeding arising from, relating to, or in connection with the Site, your use of the Site or the Agreement in any court of law or governmental or administrative agency, and you waive your right to have such matters heard or tried in a court before a judge or jury or in any other tribunal. Any mediation or arbitration award shall be final, binding and conclusive, subject only to judicial review provided by statute, and a judgment rendered on the mediation or arbitration award may be entered in any state or federal court having jurisdiction thereof.
You agree that any mediation or arbitration arising out of or related to your usage of the Site or the Agreement must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently extinguished and barred.
Governing Law and Jurisdiction
You expressly agree that if, under any circumstances, any dispute, claim or controversy relating to your usage of the Site or the Agreement shall, notwithstanding the provisions of the foregoing Section, be the subject of any court action at law or in equity, such action shall be filed exclusively in the courts of the State of Delaware, or of the United States of America located in the State of Delaware, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, as well as any action brought by Tapology against you. These Terms will be governed by and construed in accordance with the laws of the State of Delaware in the United States, without giving effect to any conflict of laws principles.
You agree that any cause of action arising out of or related to your usage of the Site or the Agreement that is the subject of any court action at law or in equity must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently extinguished and barred.
If any one or more provisions of these Terms is determined to be invalid, void or unenforceable for any reason, such provisions will be deemed severed from the remainder and will not affect the validity or enforceability of the remainder.
In some instances, local laws or regulations may not allow certain limitations on liability or exclusion expressed in these Terms. In such instances, Tapology's liability or exclusion will be limited to the fullest extent permitted by applicable law.
These Terms, and any rules or guidelines incorporated in them by reference, may not be transferred or assigned by you, but may be transferred or assigned by Tapology without restriction.
These Terms, including any rules and guidelines they incorporated by reference, constitute the entire agreement between you and Tapology.
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