Terms of Use
ClassicWrestling LLC Media Inc. and DC NetCast Media Group Inc.
(“ClassicWrestling LLC” or “we”) together operate
ClassicWrestling LLC.com, which is a social networking service
that allows Members to create unique personal profiles online in
order to find and communicate with old and new friends.
ClassicWrestling LLC can be contacted at 787 Annette St.
Toronto, Ontario, Canada, M6S 2E4. The services offered by
ClassicWrestling LLC include any ClassicWrestling LLC branded
URL (the "ClassicWrestling LLC Website"), the ClassicWrestling
LLC instant messaging service, the ClassicWrestling LLC
application developer service and other features (for example,
music and video embedded players), ClassicWrestling LLC mobile
services, and any other features, content, or applications
offered from time to time by ClassicWrestling LLC in connection
with ClassicWrestling LLC’s business (collectively, the
"ClassicWrestling LLC Services"). The ClassicWrestling LLC
Services are hosted in Canada.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the ClassicWrestling LLC Services.
By using the ClassicWrestling LLC Services, you agree to be
bound by this Agreement, whether you are a "Visitor" (which
means that you simply browse the ClassicWrestling LLC Website,
including through a mobile device or otherwise use the
ClassicWrestling LLC Services without being registered) or you
are a "Member" (which means that you have registered with
ClassicWrestling LLC). The term "User" refers to a Visitor or a
Member. You are only authorized to use the ClassicWrestling LLC
Services (regardless of whether your access or use is intended)
if you agree to abide by all applicable laws and the terms of
this Agreement. Please read this Agreement carefully and save
it. If you do not agree to be bound by it or with any of the
legal provisions applicable to it and to follow all applicable
laws, you should leave the ClassicWrestling LLC Website and
discontinue use of the ClassicWrestling LLC Services
immediately. If you wish to become a Member, communicate with
other Members and/or make use of the ClassicWrestling LLC
Services, you must read this Agreement and indicate your
acceptance during the Registration process.
This Agreement includes ClassicWrestling LLC's policy for
acceptable use of the ClassicWrestling LLC Services and Content
(as defined in Section 6.1 below) posted on or through the
ClassicWrestling LLC Services and your rights, obligations and
restrictions regarding your use of the ClassicWrestling LLC
Services and Content posted on or through the ClassicWrestling
LLC Services. In order to participate in certain
ClassicWrestling LLC Services, you may be notified that you are
required to download software or content and/or agree to
additional terms and conditions from ClassicWrestling LLC.
Unless otherwise provided by the additional terms and conditions
applicable to the ClassicWrestling LLC Services in which you
choose to participate, those additional terms are hereby
incorporated into this Agreement. You may receive a copy of this
Agreement by emailing us at: privacy@ClassicWrestling LLC.com,
Subject: Terms of Use Agreement.
ClassicWrestling LLC may modify this Agreement from time to time
and such modification shall be effective upon posting by
ClassicWrestling LLC on the ClassicWrestling LLC Website. Your
continued use of the ClassicWrestling LLC Services after
ClassicWrestling LLC posts a revised Agreement signifies your
acceptance of the revised Agreement. It is therefore important
that you review this Agreement regularly to ensure you are
updated as to any changes.
Please choose carefully the information you post on or through
the ClassicWrestling LLC Services and that you provide to other
Users. Your ClassicWrestling LLC profile may not include any
form of Prohibited Content, as outlined in Section 8 below.
Despite this prohibition, information, materials, products or
services provided by other ClassicWrestling LLC Members (for
instance, in their profile) may, in whole or in part, be
unauthorized, impermissible or otherwise violate this Agreement,
and ClassicWrestling LLC assumes no responsibility or liability
for this material. If you become aware of misuse of the
ClassicWrestling LLC Services by any person, please click on the
"Contact ClassicWrestling LLC” or the “Report Abuse” link at the
bottom of the ClassicWrestling LLC Website pages.
ClassicWrestling LLC reserves the right, in its sole discretion,
to reject, refuse to post or remove any posting (including
private messages) by you, or to deny, restrict, suspend, or
terminate your access to all or any part of the ClassicWrestling
LLC Services at any time, for any or no reason, with or without
prior notice or explanation, and without liability.
ClassicWrestling LLC expressly reserves the right to remove your
profile and/or deny, restrict, suspend, or terminate your access
to all or any part of the ClassicWrestling LLC Services if
ClassicWrestling LLC determines, in its sole discretion that you
have violated this Agreement or pose a threat to
ClassicWrestling LLC and/or its Users and/or violating any
applicable law.
1. Eligibility.
Use of the ClassicWrestling LLC Services and registration to be
a Member for the ClassicWrestling LLC Services (“Membership”) is
void where prohibited. By using the ClassicWrestling LLC
Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 14 years
of age or older; and (d) your use of the ClassicWrestling LLC
Services does not violate any applicable law or regulation. Your
profile may be deleted and your Membership may be terminated
without warning, if we believe that you are less than 14 years
of age, if we believe that you are under 18 years of age and you
represent yourself as 18 or older, or if we believe you are over
18 and represent yourself as under 18.
2. Term.
This Agreement, and any posted revision to this Agreement, shall
remain in full force and effect while you use the
ClassicWrestling LLC Services or are a Member. You may terminate
your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page.
ClassicWrestling LLC may terminate your Membership at any time,
for any or no reason, with or without prior notice or
explanation, and without liability. Even after Membership is
terminated, this Agreement will remain in effect, including
Sections 5-17.
3. Fees.
You acknowledge that ClassicWrestling LLC reserves the right to
charge for any portion of the ClassicWrestling LLC Services and
to change its fees (if any) from time to time in its discretion.
If ClassicWrestling LLC terminates your Membership because you
have breached the Agreement, you shall not be entitled to the
refund of any unused portion of fees or payments (if any).
4. Password.
When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining
the confidentiality of your password. You agree not to use the
account, username, or password of another Member at any time or
to disclose your password to any third party. You agree to
notify ClassicWrestling LLC immediately if you suspect any
unauthorized use of your account or access to your password. You
are solely responsible for any and all use of your account.
5. Use by Members.
The ClassicWrestling LLC Services are for the personal use of
Members and may be used for promotional purposes as well, but
direct commercial endeavors may only be used if they are
specifically endorsed or authorized by ClassicWrestling LLC.
ClassicWrestling LLC reserves the right to remove commercial
content in its sole discretion. Illegal and/or unauthorized use
of the ClassicWrestling LLC Services, including collecting
usernames, user ID numbers and/or e-mail addresses of Members by
electronic or other means for the purpose of sending unsolicited
e-mail or unauthorized framing of or linking to the
ClassicWrestling LLC Website, or employing third party
promotional sites or software to promote profiles for money, is
prohibited. Commercial advertisements, affiliate links, and
other forms of unauthorized solicitation may be removed from
Member profiles without notice or explanation and may result in
termination of Membership privileges. ClassicWrestling LLC
reserves the right to take appropriate legal action for any
illegal or unauthorized use of the ClassicWrestling LLC
Services.
6. Proprietary Rights in Content on ClassicWrestling LLC.
6.1
ClassicWrestling LLC does not claim any ownership rights in the
text, files, images, photos, videos, sounds, musical works,
works of authorship, applications, or any other materials
(collectively, "Content") that you post on or through the
ClassicWrestling LLC Services. After posting your Content to the
ClassicWrestling LLC Services, you continue to retain any such
rights that you may have in your Content, subject to the limited
license herein. By displaying or publishing ("posting") any
Content on or through the ClassicWrestling LLC Services, you
hereby grant to ClassicWrestling LLC a limited license to use,
modify, delete from, add to, publicly perform, publicly display,
reproduce, and distribute such Content solely on or through the
ClassicWrestling LLC Services, including without limitation
distributing part or all of the ClassicWrestling LLC Website in
any media formats and through any media channels, except Content
marked “private” will not be distributed outside the
ClassicWrestling LLC Website. This limited license does not
grant ClassicWrestling LLC the right to sell or otherwise
distribute your Content outside of the ClassicWrestling LLC
Services. After you remove your Content from the
ClassicWrestling LLC Website we will cease distribution as soon
as practicable, and at such time when distribution ceases, the
license will terminate. If after we have distributed your
Content outside the ClassicWrestling LLC Website you change the
Content’s privacy setting to “private,” we will cease
distribution of such “private” Content outside the
ClassicWrestling LLC Website as soon as practicable after you
make the change.
6.2
The license you grant to ClassicWrestling LLC is non-exclusive
(meaning you are free to license your Content to anyone else in
addition to ClassicWrestling LLC), fully-paid and royalty-free
(meaning that ClassicWrestling LLC is not required to pay you
for the use on the ClassicWrestling LLC Services of the Content
that you post), sub-licensable (so that ClassicWrestling LLC is
able to use its affiliates, subcontractors and other partners
such as Internet content delivery networks and wireless carriers
to provide the ClassicWrestling LLC Services), and worldwide
(because the Internet and the ClassicWrestling LLC Services are
global in reach).
6.3
You represent, warrant and covenant that: (i) you own the
Content posted by you on or through the ClassicWrestling LLC
Services or otherwise have the right to grant the license set
forth in this Section 6, and (ii) the posting of your Content on
or through the ClassicWrestling LLC Services does not violate
any applicable laws, including but not limited to the privacy
rights, publicity rights, intellectual property rights,
copyrights, contract rights or any other rights of any person or
entity. You agree to pay for all royalties, fees, and any other
monies owing to any person or entity by reason of any Content
posted by you on or through the ClassicWrestling LLC Services.
6.4
The ClassicWrestling LLC Services contain Content of
ClassicWrestling LLC ("ClassicWrestling LLC Content").
ClassicWrestling LLC Content is protected by copyright,
trademark, patent, trade secret, industrial secret, and other
laws, and ClassicWrestling LLC owns and retains all rights in
the ClassicWrestling LLC Content and the ClassicWrestling LLC
Services. ClassicWrestling LLC hereby grants you a limited,
revocable, non sub-licensable license to reproduce and display
the ClassicWrestling LLC Content (excluding any software code)
solely for your personal use in connection with viewing the
ClassicWrestling LLC Website and using the ClassicWrestling LLC
Services.
6.5
The ClassicWrestling LLC Services contain Content of Users and
other ClassicWrestling LLC licensors. Except as provided within
this Agreement, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any
Content appearing on or through the ClassicWrestling LLC
Services.
6.6
ClassicWrestling LLC performs technical functions necessary to
offer the ClassicWrestling LLC Services, including but not
limited to transcoding and/or reformatting Content to allow its
use throughout the ClassicWrestling LLC Services.
7. Content Posted.
7.1
ClassicWrestling LLC may reject, refuse to post or delete any
Content for any or no reason, including Content that in the sole
judgment of ClassicWrestling LLC violates this Agreement or
which may be offensive, illegal or violate the rights of any
person or entity, or harm or threaten the safety of any person
or entity. ClassicWrestling LLC assumes no responsibility for
monitoring the ClassicWrestling LLC Services for inappropriate
Content or conduct. If at any time ClassicWrestling LLC chooses,
in its sole discretion, to monitor the ClassicWrestling LLC
Services, ClassicWrestling LLC nonetheless assumes no
responsibility for the Content, no obligation to modify or
remove any inappropriate Content, and no responsibility for the
conduct of the User submitting any such Content.
7.2
You are solely responsible for the Content that you post on or
through any of the ClassicWrestling LLC Services, and any
material or information that you transmit to other Members and
for your interactions with other Users.
7.3
You are solely responsible for ensuring that all Content that
you post on or through any of the ClassicWrestling LLC Services,
and any material or information that you transmit to other
Users, conforms to all applicable data protection and privacy
laws, including ensuring that you have obtained the prior
consent of any and all individuals whose personal information
you use and/or disclose on or through ClassicWrestling LLC.
8 Content/Activity Prohibited.
The following are examples of the kind of Content that is
illegal or prohibited to post on or through the ClassicWrestling
LLC Services. ClassicWrestling LLC reserves the right to
investigate and take appropriate legal action against anyone
who, in ClassicWrestling LLC's sole discretion, violates this
provision, including without limitation, removing the offending
Content from the ClassicWrestling LLC Services and terminating
the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of
ClassicWrestling LLC:
8.1
Is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
8.2
Harasses or advocates harassment of another person;
8.3
Exploits people in a sexual or violent manner;
8.4
Contains nudity, excessive violence, or offensive subject matter
or contains a link to an adult website;
8.5
Solicits personal information from anyone under 18;
8.6
Publicly posts information that poses or creates a privacy or
security risk to any person;
8.7
Constitutes or promotes information that you know is false or
misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
8.8
Constitutes or promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to
circumvent manufacturer-installed copy-protect devices, or
providing pirated music or links to pirated music files;
8.9
Involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
8.10
Contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page);
8.11
Furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer
viruses;
8.12
Solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
8.13
Involves commercial activities and/or sales without prior
written consent from ClassicWrestling LLC such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
8.14
Includes a photograph or video of another person that you have
posted without that person's consent;
8.15
For band, comedy, filmmaker and other profiles, uses sexually
suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile;
8.16
Violates the privacy rights, publicity rights, copyrights,
trademark rights, contract rights or any other rights of any
person; or
8.17
Promotes propaganda and/or symbols of organizations which are
unconstitutional or illegal in your country.
The following are examples of the kind of activity that is
illegal or prohibited on the ClassicWrestling LLC Website and
through your use of the ClassicWrestling LLC Services.
ClassicWrestling LLC reserves the right to investigate and take
appropriate legal action against anyone who, in ClassicWrestling
LLC's sole discretion, violates this provision, including
without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited
to:
8.18
Criminal or tortuous activity, including child pornography,
corruption of minors, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files,
intellectual property rights (including but not limited to
copyright, trademark and patent infringement), or theft of trade
or industrial secrets;
8.19
Advertising to, or solicitation of, any Member to buy or sell
any products or services through the unauthorized or
impermissible use of the ClassicWrestling LLC Services. You may
not transmit any chain letters or junk email to other Members.
In order to protect our Members from such advertising or
solicitation, ClassicWrestling LLC reserves the right to
restrict the number of e-mails which a Member may send to other
Members in any 24-hour period to a number which ClassicWrestling
LLC deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk e-mail, instant messages or
other unauthorized commercial communications of any kind through
the ClassicWrestling LLC Services, you acknowledge that you will
have caused substantial harm to ClassicWrestling LLC, but that
the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to
pay ClassicWrestling LLC USD $50 for each such unsolicited
e-mail or other unauthorized commercial communication you send
through the ClassicWrestling LLC Services;
8.20
Circumventing or modifying, attempting to circumvent or modify,
or encouraging or assisting any other person in circumventing or
modifying any security technology or software that is part of
the ClassicWrestling LLC Services;
8.21
Activity that involves the use of viruses, bots, worms, or any
other computer code, files or programs that interrupt, destroy
or limit the functionality of any computer software or hardware,
or otherwise permit the unauthorized use of or access to a
computer or a computer network;
8.22
Covering or obscuring the banner advertisements on your personal
profile page, or any ClassicWrestling LLC page via HTML/CSS or
any other means;
8.23
Any automated use of the system, including but not limited to,
using scripts to add friends or send comments or messages;
8.24
Interfering with, disrupting, or creating an undue burden on the
ClassicWrestling LLC Services or the networks or services
connected to the ClassicWrestling LLC Services;
8.25
Impersonating or attempting to impersonate another Member,
person or entity;
8.26
For band, comedy, filmmaker and other profiles containing a
ClassicWrestling LLC player, copying the code for your
ClassicWrestling LLC Player and embedding it (or directing
others to embed it) anywhere other than your band profile on
ClassicWrestling LLC;
8.27
Using the account, username, or password of another Member at
any time or disclosing your password to any third party or
permitting any third party to access your account;
8.28
Selling or otherwise transferring your profile;
8.29
Using any information obtained from the ClassicWrestling LLC
Services in order to harass, abuse, or harm another person or
entity, or attempting to do the same;
8.30
Displaying an unauthorized commercial advertisement on your
profile, or accepting payment or anything of value from a third
person in exchange for your performing any commercial activity
through the unauthorized or impermissible use of the
ClassicWrestling LLC Services on behalf of that person, such as
placing commercial content on your profile, posting blogs or
bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your "Top 8" friends, or sending
private messages with a commercial purpose; or
8.31
Using the ClassicWrestling LLC Services in a manner inconsistent
with any and all applicable laws and regulations.
9 Protecting Copyrights and Other Intellectual Property.
ClassicWrestling LLC respects the intellectual property of
others, and requires that our users do the same. You may not
upload, embed, post, e-mail, transmit or otherwise make
available any material that infringes any copyright, patent,
trademark, trade secret or other proprietary rights of any
person or entity. ClassicWrestling LLC has the right to
terminate the Membership of infringers.
If you believe your work has been copied and posted on or
through the ClassicWrestling LLC Services in a way that
constitutes copyright infringement, please send ClassicWrestling
LLC's Copyright Agent a notification of claimed infringement
with all of the following information:
(a) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a
single notification, a representative list of such works;
(b) identification of the claimed infringing material and
information reasonably sufficient to permit us to locate the
material on the ClassicWrestling LLC Services (providing the
URL(s) of the claimed infringing material satisfies this
requirement)
(c) information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and, if available, an
e-mail address;
(d) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
(e) a statement by you, made under penalty of perjury, that the
above information in your notification is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf; and
(f) your physical or electronic signature. ClassicWrestling
LLC's Copyright Agent for notification of claimed infringement
can be reached as follows: Copyright Agent, ClassicWrestling LLC
Media Inc., 787 Annette St. Toronto, Ontario, Canada M6S 2E4;
Facsimile: (416) 769-4121; Attn: Copyright Agent.
ClassicWrestling LLC's Copyright Agent for notification of
claimed infringement can also be reached electronically at….
ClassicWrestling LLC provides certain tools and technologies to
help facilitate copyright owners’ control over their copyrighted
works.
10. Member Disputes.
You are solely responsible for your interactions with other
ClassicWrestling LLC Members. ClassicWrestling LLC reserves the
right, but has no obligation, to become involved in any way with
disputes between you and other Members.
12. Disclaimers.
ClassicWrestling LLC is not responsible for and makes no
warranties, express or implied, as to the User Content or the
accuracy and reliability of the User Content posted on or
through the ClassicWrestling LLC Services, whether caused by
Users of the ClassicWrestling LLC Services or by any of the
equipment or programming associated with or utilized in the
ClassicWrestling LLC Services and such User Content does not
necessarily reflect the opinions or policies of ClassicWrestling
LLC. Profiles and third party applications created and posted by
Members on the ClassicWrestling LLC Website may contain links to
other websites. ClassicWrestling LLC is not responsible for the
content, accuracy or opinions expressed on such websites, and
such websites are not necessarily investigated, monitored or
checked for accuracy or completeness by ClassicWrestling LLC.
Inclusion of any linked website on the ClassicWrestling LLC
Services does not imply approval or endorsement of the linked
website by ClassicWrestling LLC. When you access these
third-party sites, you do so at your own risk. ClassicWrestling
LLC takes no responsibility for third party advertisements or
third party applications that are posted on or through the
ClassicWrestling LLC Services, nor does it take any
responsibility for the goods or services provided by its
advertisers. ClassicWrestling LLC is not responsible for the
conduct, whether online or offline, of any User of the
ClassicWrestling LLC Services. ClassicWrestling LLC assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, any User or Member communication.
ClassicWrestling LLC is not responsible for any problems or
technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or on
any of the ClassicWrestling LLC Services or combination thereof,
including any injury or damage to Users or to any person's
computer related to or resulting from participation or
downloading materials in connection with the ClassicWrestling
LLC Services. Under no circumstances shall ClassicWrestling LLC
be responsible for any loss or damage, including personal injury
or death, resulting from use of the ClassicWrestling LLC
Services, attendance at a ClassicWrestling LLC event, from any
User Content posted on or through the ClassicWrestling LLC
Services, or from the conduct of any Users of the
ClassicWrestling LLC Services, whether online or offline. The
ClassicWrestling LLC Services are provided "AS-IS" and as
available and ClassicWrestling LLC expressly disclaims any
warranty of fitness for a particular purpose or
non-infringement. ClassicWrestling LLC cannot guarantee and does
not promise any specific results from use of the
ClassicWrestling LLC Services.
13. Limitation on Liability.
IN NO EVENT SHALL ClassicWrestling LLC BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE ClassicWrestling LLC
SERVICES, EVEN IF ClassicWrestling LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, ClassicWrestling LLC'S LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO ClassicWrestling LLC FOR THE ClassicWrestling LLC
SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes.
The Agreement shall be governed by, and construed in accordance
with, the laws of the Province of Ontario, without regard to its
conflict of law provisions. You and ClassicWrestling LLC agree
to submit to the exclusive jurisdiction of the courts located
within the Province of Ontario to resolve any dispute arising
out of the Agreement or the ClassicWrestling LLC Services. EACH
OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS,
COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH
PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER
PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY
WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS
WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES
ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE
OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity.
You agree to indemnify and hold ClassicWrestling LLC, its
subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use
of the ClassicWrestling LLC Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth in
this Agreement and/or if any Content that you post on or through
the ClassicWrestling LLC Services causes ClassicWrestling LLC to
be liable to another.
16. Other.
This Agreement is accepted upon your use of the ClassicWrestling
LLC Website or any of the ClassicWrestling LLC Services and is
further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and
ClassicWrestling LLC regarding the use of the ClassicWrestling
LLC Services. The failure of ClassicWrestling LLC to exercise or
enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section
titles in this Agreement are for convenience only and have no
legal or contractual effect. ClassicWrestling LLC is a trademark
of ClassicWrestling LLC Media Inc. This Agreement operates to
the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is
deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Please contact us at: Contact ClassicWrestling LLC with any
questions regarding this Agreement.
