|
Terms of Use
Carolina Wrestling (herein “Carolina Wrestling”) maintains this and other websites as a service to its customers. By accessing and/or using the Carolina Wrestling web sites (herein “Carolina Wrestling sites”) owned, operated and/or maintained Carolina Wrestling, you are expressly agreeing to comply with and be bound by the following Terms of Use, as well as all applicable laws and regulations. If you do not agree with these Terms of Use, you are not authorized to Carolina Wrestling sites or services and must not access or use them! Carolina Wrestling may revise and update these Terms of Use at any time and continued usage of Carolina Wrestling sites indicates your agreement with any such changes.
1. Copyright.
Ownership. All content included on the Carolina Wrestling sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Carolina Wrestling or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Carolina Wrestling sites is the exclusive property of Carolina Wrestling and protected by U.S. and international copyright laws. All software used on the Carolina Wresting sites is the property Carolina Wrestling or its software suppliers and protected by U.S. and international copyright laws.
Permitted Use. The content and software on the Carolina Wrestling sites may be used as an information, entertainment, registration and shopping resource. In addition, Carolina Wrestling hereby authorizes you to view, copy, download, and print for personal use only any Carolina Wrestling-owned content on the Carolina Wrestling sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed without written consent from Carolina Wrestling, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by Carolina Wrestling licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by Carolina Wrestling, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the Carolina Wrestling sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the Carolina Wrestling sites, the Carolina Wrestling logos or other design elements or software. Any use of the Carolina Wrestling site content not described herein is strictly prohibited.
Copyright Complaints. Carolina Wrestling respects the intellectual property of others, and we ask our content partners and Carolina Wrestling members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Carolina Wrestling sites in a way that constitutes copyright infringement, you may notify Carolina Wrestling by providing following information:
an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
Identification of the URL or other specific location of the Carolina Wrestling sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
Your name, address, telephone number and e-mail address.
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.
A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Carolina Wrestling's agent for notice of claims of copyright infringement on the Carolina Wrestling site can be reached as follows: Adam Downing, Carolina Wrestling, 1106 Devonshire Trail, Aberdeen, NC, 28315.
2. User Submissions and Content
Carolina Wrestling may provide interactive areas on the Carolina Wrestling sites, in which users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interactive area" of the Carolina Wrestling sites, including message boards, forums, and chat rooms, you grant Carolina Wrestling a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Carolina Wrestling interactive areas, you agree:
not to use the Carolina Wrestling sites to send or post on message boards or any place on the Carolina Wrestling sites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Carolina Wrestling.
not to use an inappropriate member name of any kind.
not to post or use the Carolina Wrestling sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. Carolina Wrestling reserves the right to delete from the Carolina Wrestling sites any postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.
3. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Carolina Wrestling with respect to such sites.
In addition, you may order services or merchandise through the Carolina Wrestling sites from other persons not affiliated with Carolina Wrestling ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Carolina Wrestling sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Carolina Wrestling makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Carolina Wrestling, nor will Carolina Wrestling be construed as, a party to such transactions, whether or not Carolina Wrestling may have received some form of revenue or other remuneration in connection with the transaction. You agree that Carolina Wrestling will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Carolina Wrestling and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, information, etc. Carolina Wrestling makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Carolina Wrestling nor such third party shall have any liability with respect thereto.
4. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Carolina Wrestling of any unauthorized use of your registration.
5. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF CAROLINA WRESTLING IS AT YOUR SOLE RISK. CAROLINA WRESTLING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAROLINA WRESTLING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT CAROLINA WRESTLING’S LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY CAROLINA WRESTLING FROM YOU.
THE INFORMATION ON CAROLINA WRESTLING IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CAROLINA WRESTLING NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN CAROLINA WRESTLING, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CAROLINA WRESTLING ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN EVENTS AVAILABLE ON CAROLINA WRESTLING CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON CAROLINA WRESTLING.
Carolina Wrestling makes no warranty that the Carolina Wrestling sites' services will be uninterrupted, secure or error free. Carolina Wrestling does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Carolina Wrestling sites. Carolina Wrestling is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Carolina Wrestling sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
6. Limitation of Liability
CAROLINA WRESTLING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE CAROLINA WRESTLING SITES AND SERVICES OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH CAROLINA WRESTLING OR (D) THE PARTICIPATION BY YOU OR SUBMITTED INDIVIDUALS FOR ANY EVENT OR ANY OTHER PRODUCT PURCHASED THROUGH CAROLINA WRESTLING (E) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CAROLINA WRESTLING (F) PERSONAL INJURY NOT CAUSED BY CAROLINA WRESTLING’S GROSS NEGLIGENCE (G) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CAROLINA WRESTLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to defend, indemnify and hold harmless each of Carolina Wrestling and its officers and employees or the author of event from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of Carolina Wrestling, any of its websites, any products purchased off of Carolina Wrestling’s websites, the participation in any events registered through Carolina Wrestling, your violation of these Terms and Conditions, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
8. Termination
Carolina Wrestling reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access Carolina Wrestling and/or any other service provided to you by Carolina Wrestling upon any breach by you of the Terms of Use or upon your demonstration of conduct that Carolina Wrestling determines to be inappropriate.
9. Applicable Law; Consent to Jurisdiction
The Carolina Wrestling sites (excluding linked sites) are controlled by Carolina Wrestling from its offices within the State of North Carolina, United States of America. The Carolina Wrestling sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of North Carolina, by accessing the Carolina Wrestling sites both you and Carolina Wrestling agree that the statutes and laws of the State of North Carolina, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Carolina Wrestling sites.
You agree that exclusive jurisdiction for any dispute with Carolina Wrestling, or in any way relating to your membership or use of Carolina Wrestling, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any dispute including any claim involving Carolina Wrestling or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
10. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Carolina Wrestling may assign its rights and obligations under these Terms of Use and upon such assignment Carolina Wrestling may be relieved of any further obligation hereunder.
You represent to Carolina Wrestling that you have the authority to register with Carolina Wrestling according to these Terms of Use.
With your prior approval, Carolina Wrestling reserves the right to charge fees, surcharges and/or membership fees at any time.
|