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Mixed Martial Arts Directory

Terms of Use

Introduction
Welcome to MMAFightguide.com. By using the services available from the domain and sub-domains of www.MMAFightguide.com  (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with MMAFightguide Inc. and the general principles for the web sites of our subsidiaries and affiliates.
Before you may become a member MMAFightguide.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that the User Agreement will govern your use of other MMAFightguide.com branded web sites and Privacy Policy posted on those web sites.

This Agreement is effective on July 1st, 2006 for all users.

Proprietary Rights
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property MMAFightguide.com and/or its subsidiaries, affiliates or assigns or MMAFightguide.com’s licensers or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. MMAFightguide.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of MMAFightguide.com. Use of MMAFightguide.com and/or its licenser' material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Interactive Services
1. Description of Services. During registration you will be asked to provide current, complete and accurate information as prompted to so do. You will then enter your registered username and password. Your username and password will be used for all Services offered by the Sites. You are entirely responsible for maintaining the confidentiality of your username and password. A user's IP address and identity will not be displayed in connection with the Services, unless the user selects this option during registration and customization of the Services. All information requested during registration shall be referred to as the "Registration Data". Please read the MMAFightguide.com Privacy Policy for information on how MMAFightguide.com collects and uses user's personal information. Notwithstanding the terms of the MMAFightguide.com Privacy Policy, you grant to MMAFightguide.com the right to disclose the Registration Data to third parties for the purposes of administering and maintaining the Services. Furthermore, while it is MMAFightguide.com policy to respect the privacy of its users, including information about user's use of the Services, including the contents of users' email and messages ("Email Content"), MMAFightguide.com reserves the right to monitor, edit or disclose any personal information about the user, his/her use of the Services, or such contents, in the event that MMAFightguide.com believes that such action is necessary in order to 1) conform to legal requirements or comply with legal process; 2) to protect and defend the rights of MMAFightguide.com; 3) to enforce the Terms of Service; or 4) to act to protect the interests of its members and others. You agree to notify MMAFightguide.com immediately in the event that you believe that there is unauthorized use of your account.
2. Advertising. Users may from time to time enter into correspondence with or participate in the promotions of advertisers through the Services. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, MMAFightguide.com shall not be responsible for upholding any applicable terms, conditions, representations of warranties made by advertiser or user in connection therewith.
3. User Storage Space. The amount of storage space per user is limited. Some messages may not be processed due to space constraints or outbound message limitations. MMAFightguide.com assumes no responsibility for the deletion or failure to store, deliver, or deliver in a timely manner email messages.
4. Rules of Conduct. You agreed that your use of the Services is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Services.
User agrees not to: Disseminate content intended to harass, abuse, threaten, impersonate any other individual or entity, disseminate obscene, defamatory, indecent, harmful, libelous, unlawful and/or other objectionable material/information.
Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes.
Use the Services for commercial purposes, including, without limitation, for the advertising or offering of goods or services.
Transmit or upload programs or material that contain viruses, timebombs, cancelbots, worms, Trojan horses or other harmful or deleterious programs.
Transmit or upload any material that contains software or other material that is protected by intellectual property laws and/or would infringe upon rights of privacy or publicity of a third party unless user owns or controls the rights thereto or has received a license, permission and/or consent thereto.
Try to gain unauthorized access to the Services; other users' accounts, or computers connected to the Services though password mining or other means.
Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Services.
Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services.
5. Termination of the Services. MMAFightguide.com may terminate the Services at any time with or without cause. MMAFightguide.com shall not be liable to user of any other party for termination of the Services. If user should object to any of the terms and conditions of the Services, user may 1) discontinue use of the Services or 2) cancel his/her membership to the Services by sending an email from the email address submitted during registration to MMAFightguide.com. MMAFightguide.com will have no further obligation thereafter to forward any unread or unsent messages to user or any other party.
6. Disclaimer and Limitations of Liability MMAFightguide.com is not liable for failure to monitor or edit messages sent over the Services. MMAFightguide.com does not endorse the content of users' communications and does not assume liability for any threatening, libelous, obscene, harassing or offensive material contained therein, User is responsible for maintaining the confidentiality of user's passwords and for all activities which occur under user's account.

Disclaimers, Content, and Copyright Policy
You understand and agree that the Service is provided "AS-IS" and that MMAFightguide.com assumes no responsibility for, among other things, (A) any service outages or interruptions (B) the unavailability of particular boards, features or services, (C) the inability to access the Service, (D) the failure or inability to post materials to the Service, (E) the deletion of materials posted to the Service or (F) the failure to store materials posted to the service.

MMAFightguide.com contains a great variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please be advised that Postings do not necessarily reflect the views of MMAFightguide.com. In no event shall MMAFightguide.com assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site.  Please use caution and common sense when viewing the various Forums. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that MMAFightguide.com is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will MMAFightguide.com be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.

You acknowledge that MMAFightguide.com does not pre-screen Content, but agree that MMAFightguide.com shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, MMAFightguide.com shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that MMAFightguide believes is otherwise objectionable.

By submitting a Posting, you authorize MMAFightguide.com to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant MMAFightguide.com permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, MMAFightguide.com will have the right to use and change the Postings in any manner that MMAFightguide.com may determine. Please be advised that in no event shall MMAFightguide.com assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on MMAFightguide.com's websites, affiliated television programming services or elsewhere.
Please also understand that MMAFightguide.com shall not return your Postings. You agree to defend, indemnify and hold MMAFightguide.com, it parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
The MMAFightguide.com forum/bulletin board may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although MMAFightguide.com periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, MMAFightguide.com will make every effort to ensure that the forum/bulletin boards best serve the interests of all users and, therefore, MMAFightguide.com reserves the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and Conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user's password and username. If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.

Online Promotions
MMAFightguide.com provides Rules of Participation for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by MMAFightguide.com and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MMAFightguide.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MMAFightguide.com, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSERS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MMAFightguide.com OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall MMAFightguide.com's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY Hyperlinks
The appearance of external hyperlinks does not constitute endorsement by MMAFightguide.com, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and MMAFightguide.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, MMAFightguide.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither MMAFightguide.com, its subsidiaries nor affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall MMAFightguide.com assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, MMAFightguide.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
INDEMNIFICATION You agree to indemnify, defend and hold harmless, MMAFightguide.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. MMAFightguide.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MMAFightguide.com in asserting any available defenses.

General
MMAFightguide.com operates and controls this site from its offices in San Diego California, United States of America. This site is intended exclusively for residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supercedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California.

1. Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MMAFightguide.com must be resolved by a court located in San Diego County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes.

2. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.