Bareknuckle Fighting Championship Inc. (BKFC) Website
BKFC App Terms and Conditions
Welcome to the BKFC! Please read the following terms and conditions Agreement (Agreement). Read carefully before using the BKFC website (site), BKFC App and/or associated BKFC Services (Services).
The user agreement is effective upon acceptance by new users and for all existing users. (All persons accessing and/or using the BKFC site BKFC App and/or the BKFC services are “users”) Further, by accessing and/or using the BKFC site, BKFC App, and/or BKFC services(whether or not you are a registered user) you are subject to the terms and conditions of the Agreement and the terms of service including the private policy of this site and all applicable state and federal laws.
Your use of this BKFC site, BKFC App , and/or BKFC services constitutes your full acceptance of all terms and conditions of this Agreement. BKFC may amend and/or modify the terms and conditions of this Agreement with or without notice in its sole discretion at any time. All persons accessing or using the Services are “Users”. Please check BKFC’s terms and conditions for any changes periodically.
If you access and use the Services after BKFC changes this Agreement, you accept the new terms and conditions of this Agreement. Your continued use of the BKFC site, BKFC App and/or BKFC Services after BKFC makes any changes and/or modifications of the Agreement for BKFC site, BKFC App , and/or BKFC Services including the private policy means that you accept the new terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement (including the private policy) DO NOT use the BKFC site, BKFC App and/or any other BKFC Services.
The following Website Terms and Conditions Agreement (Agreement) governs your use of the Bareknuckle Fighting Championship Inc. (BKFC) (site), and the various offerings on the Site and the BKFC App , which include, without limitation, the various subscription, authentication and mobile services.
Your use of the Services constitutes your acceptance of this Agreement. Your acceptance of this Agreement provides you with a limited and temporary license and as described below. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. We reserve the right to change this Agreement from time to time.
• COPYRIGHT RIGHTS
We own or license all copyright rights in the text, images, photographs, video, audio,
graphics, user interface, text, statistics, news, contests, fantasy game merchandise, tickets, and all copy rights and intellectual proper related to the site and/or Services are either owned by or licensed to BKFC, and other content provided on the Site or through the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided in this Agreement. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site or the Services for any purposes and nothing otherwise stated or implied in the Services confers on you any license or right to do so. Modification of any content or its appearance on the Site or Services in any manner is a violation of BKFC’s copyright and other proprietary rights. Further, you may not prepare derivative works based on BKFC content.
You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including, without limitation, for any commercial purposes, is strictly prohibited without BKFC’s express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent BKFC’s prior written consent.
• TRADEMARK AND SERVICE MARK RIGHTS
BKFC (or our affiliates) own all rights in the product names, company names, trade names,
logos product packaging and designs (Trademarks) of BKFC, and third parties own all Trademarks in their respective Other Services or services, whether or not appearing in large print or with trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
The word marks, logos, trade names, look and feel, and designs of BKFC and the Site BKFC App and the Services are the exclusive property of BKFC and our licensors, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, BKFC App, and/or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, BKFC App, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Services, is strictly prohibited.
Images and videos of people or places displayed as part of the Content on the Site, BKFC App, and/or on the Services are either the property of, or used with the permission of BKFC. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms and Services or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We neither warrant nor represent that your use of Content displayed on the Site, BKFC App, and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with BKFC.
We reserve the right to amend this Agreement at any time by posting an updated version. You should periodically visit this page to review the then-current Agreement. Your use of the Services after BKFC’s posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services on the Site, and/or BKFC App .
• ACCESS TO THE SERVICES
In order to access the Services, you must have Internet, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio (BKFC App), video or access to high-quality video, will be available to you without a reliable, high-speed internet connection. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer, mobile phone, tablet, or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 22 of this Agreement.
Note that access to and use of the Services through certain mobile phone, tablet, or other devices may involve data or other charges, which are your sole responsibility.
• REGISTRATION, USERNAME, PASSWORD, SECURITY
B. Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to use certain functionalities of the Site and/or Services, you may be asked to select a Username for identification purposes. You must not use any Username that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this section.
C. Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify BKFC via email to firstname.lastname@example.org if you learn of or suspect:
(1) any loss or theft of your username or password, or
(2) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, BKFC may impose on you, at BKFC’s sole discretion, additional security obligations.
D. Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify BKFC by e-mail at email@example.com. You agree to cooperate and assist in any investigation relating to any such unauthorized access.
• SPECIAL TERMS AND CONDITIONS APPLICABLE TO SERVICES/OTHER SERVICES OFFERED FOR PURCHASE THROUGH THE SITE
If BKFC offers Other Services, the following will apply.
· BKFC reserves the right to modify the price of any services/Other Services offered for purchase through the Site. BKFC is not responsible for any error in copy or images relating to any services/Other Services offered for purchase through the Site. In order to purchase services/Other Services offered for purchase through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address.
· Mobile Alerts. If you use the BKFC platform you will be able to sign-up for our Mobile Alert Service, to receive mobile alerts specific to your Fighter. Additionally, if you are a BKFC registered user, you will be able to sign up for mobile fight alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. Examples of alerts include dates of fights, breaking news, fighter news, reminders about upcoming fights and events, and available merchandise. To sign up to receive mobile alerts, you must be a registered user of the Site or the BKFC App and you must be 18 years of age or older.
· This Agreement does not cover or govern products or tickets bought on or through Other Services.
• MODULAR CONTENT
By using Modular Content or incorporating it within or associating it with a web site, BKFC App , or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure the Operator's branding of the Modular Content, assert or imply any ownership or any authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although BKFC is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, BKFC may monitor the web sites, BKFC App, or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if BKFC or BKFC’s agent requests that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that BKFC has exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that BKFC may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that BKFC may not specifically advise you of the existence or nature of these protections.
BKFC provides Modular Content, if at all, on a voluntary basis. BKFC expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by BKFC or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between BKFC and/or its affiliates and you, or between BKFC and any third party, other than pursuant to these Terms.
• BKFC ONLINE STORE/TERMS OF SERVICE
This Agreement does not cover or govern products purchased on or through BKFC.
The BKFC shop allows you to order products supplied and managed by an independent merchandise vendor, Shopify.
By purchasing any merchandise through the Site, you acknowledge that your payment card is being charged by the payment processor of a Vendor of the Site.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY OF OUR VENDORS, AY LOSS OR INJURY RESULTING FROM YOUR ACCES OR INABILITY TO ACCESS THE SHOP, ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE.
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICATION AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise on the Site, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
• LINKS & EMBEDDING
The Services may contain links to Other Services ("Linked Services"). The Linked Services are not under BKFC control and BKFC is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by BKFC of any company offering Internet services, Other Services or services on the Linked Services.
The following Linking Restrictions apply to all links to, including any to embedded Content form, the Site, BKFC App , or Services by any third party site, service, or application:
•Non-commercial sites may link to BKFC.com without the express written permission of BKFC if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., BKFC.com, “The Official Site of BKFC”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship, advertising, or other commercial text or graphics that may be on the page/area containing such word link.
•The BKFC logo may not be used without the express written permission of BKFC.
•Links to and from the Site or Services from or to other sites maintained by third parties do not constitute an endorsement by BKFC of any third-party website or content. BKFC is not responsible for the availability of these third party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the authorization of BKFC. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its website administrator.
•The posting or creation of any link to the Site signifies you have read these Linking Restrictions and agree to abide by their terms and conditions.
•Subject to your strict compliance with these Terms of Service, you may embed certain Content from the Site (other than live streams) into your website, blog or social media posts, provided that you do not (i) obscure the BKFC branding of the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party’s assertion or implication of ownership or authorship of the Content (ii) sell access to embedded Content on another website (iii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iv) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, (v) use embedded Content that BKFC, in its sole discretion, determines to be competing with or displacing the marking for Content, or (vi) embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. BKFC reserves the right to withdraw linking permission and/or disable your use of embedded Content at any time, in our sole discretion.
• AVAILABILITY OF SERVICES
The availability of the content on the Services may be affected by a variety of factors, including fight delays or cancellations, application of BKFC's broadcast policy (which prohibits broadcast of fights under certain circumstances and in certain areas), BKFC App technical problems or network delays, acts of God, pandemic, program rescheduling, or other reasons. You agree that BKFC is not obligated to provide you with any specific content under this Agreement.
• COMPLIANCE WITH LAWS/REGULATIONS
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from BKFC. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. BKFC reserves the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
• PROHIBITED USES GENERALLY
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Services, Site, or the BKFC App that:
(a) is copyrighted, unless you are the copyright owner or have a valid license to such materials and you have the right to grant BKFC the rights and licenses set forth in Section 13 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant BKFC the rights and licenses set forth in Section 13 of this Agreement;
(c) infringes on any other intellectual property rights of others, including BKFC, or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, BKFC or a third party; constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(f) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree NOT to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services including the BKFC APP, or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You further agree NOT to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services; sending unsolicited e-mail, including promotions and/or advertising of Other Services or services; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil and/or criminal liability.
BKFC may investigate occurrences that may involve violations of the security of the Services or of the law and BKFC may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
• USER CONTENT AND COMMUNICATIONS
By submitting or posting Your Content to or through the BKFC Services, you expressly grant BKFC and its affiliates, and you represent and warrant that you have, all rights, power and authority to grant to BKFC and its affiliates, a worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferable and freely sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, list information regarding, edit, translate, create derivative works from, distribute, syndicate, publicly perform and display all of Your Content anywhere, and Your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in Your Content, in whole or in part, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed, for use in connection with the business of BKFC, including, without limitation, for promoting any products or services of BKFC or any sponsor, vendor or other third party with a relationship to BKFC in and through all media channels. You also hereby grant to each user of the Services a nonexclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services. No compensation will be paid with respect to any use of Your Content by BKFC or its licensees or others. BKFC and its affiliates and/or sublicensee are free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, designing, manufacturing and marketing Other Services using Your Content. BKFC is under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion.
For clarification, if you post or upload Your Content to the BKFC Site, BKFC App , and/or the Services, You no longer have any rights with respect to that Content.
For additional clarification, nothing in this Section 13 applies to BKFC copyrighted materials.
By posting or submitting Your Content to the Services, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by BKFC or any of our affiliates and/or sublicensees will not infringe or violate the rights of any third party or any applicable law.
BKFC reserves the right (but does not have the obligation) to review, edit, refuse to post or to remove any of Your Content, in whole or in part at any time and to terminate your ability to post Your Content to the Services at any time, without notice, in its sole discretion.
Any features that BKFC makes available on the Services, including BKFC fight features and/or games, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling or wagering on the result of any gaming features provided on or through the Services, or from using the Services to gamble or wager on the result of any BKFC fight. If BKFC believes that you have violated the prohibitions in this paragraph, BKFC may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to BKFC if your access is terminated because of a violation or alleged violation of this Agreement.
Although BKFC may maintain technical logs concerning your use of the Services, BKFC does not routinely monitor Your Content. You agree that BKFC may not be held responsible for Your Content and that BKFC is not obligated to monitor them. Despite your agreement that BKFC is not required to monitor Your Content, if BKFC becomes aware of any of Your Content that BKFC believes to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, BKFC may - but is not required to - act in good faith to restrict access to or availability of Your Content. BKFC may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, BKFC, or any third party, you should notify BKFC of such content immediately by emailing firstname.lastname@example.org. Even if you notify BKFC of such content that you believe to be objectionable, you agree that BKFC will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on BKFC’s part to you or to any third party, and that BKFC may not be held liable for any action that it takes, or for its inaction, after you provide BKFC with notification.
The services and any materials downloaded from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software or data from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Libya, Syria, Sudan, or any other country to which the United States has embargoed goods or has been designated by the United States as a “terrorist supporting” country; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. BKFC does not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to a jurisdiction prohibited by the United States Export Laws.
• NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any of your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Services that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(e) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Claims of infringement which include the above-required information must be submitted via postal mail or e-mail to BKFC's Copyright Agent as follows:
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
• DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS".
BKFC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEBSITE, BKFC APP, OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES, THE SITE, AND/OR THE BKFC APP .
BKFC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BKFC DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OF THE SITE AND/OR THE BKFC APP , OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, SITE, OR BKFC APP, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES, SITE, AND/OR THE BKFC APP WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON/USER.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES, SITE, AND/OR BKFC APP WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION.
ANY INFORMATION ON THE SERVICES, SITE, AND/OR BKFC APP IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, CHANGES IN SCHEDULED FIGHTS, EVENT DATES, FIGHT CARDS, DISCOUNTS, AND HOURS OF OPERATION.
• LIMITATION OF LIABILITY
IN NO EVENT WILL BKFC OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY SERVICE, BKFC APP , OR ANY WEB SITE LINKED TO OR FROM THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, OR BKFC APP- ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF BKFC OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BKFC RESERVES THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE LIMITATIONS IN THIS SECTION 17 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BKFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IT IS AGREED AND ACKNOWLEDGED BY USER THAT BKFC’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF SERVICES, SITE, AND THE BKFC APP SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00.
You agree to indemnify and hold harmless BKFC, and its subsidiaries, affiliates, directors, officers, agents, sponsors, licensors, sub-licensors, co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any of Your Content that you submit, post to or transmit through the Services, your use of the Services, your use of any Modular Content, your violation of this Agreement or your violation of any rights of another.
You hereby agree to indemnify and hold BKFC, its subsidiaries, its Vendors, its sponsors, and their respective operators, affiliates, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorney’s fees and court costs) arising out of or relating to: (i) your use of the Site, BKFC App , Services, or BKFC Shop; and/or (ii) any breach or alleged breach of these Terms of Service by you.
• CHOICE OF LAW AND FORUM
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of Pennsylvania or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Pennsylvania, in all disputes arising out of or relating to the use of the Services.
• UNITED STATE JURISDICTION
The Services are operated out of the United States of America. BKFC does not represent that content or materials presented on the Services are appropriate (or, in some cases, available) for use in other locations. If you access the Services, Site, and/or the BKFC App from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
PLEASE READ THIS SECTION CAREFULLY AS YOU ARE GIVING UP LEGAL RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS:
BKFC would like to resolve any issues, concerns, problems or disputes informally, amicably and by mutual agreement. When disputes arise, please contact email@example.com.
IF BKFC IS UNABLE TO RESOLVE DISPUTES INFORMALLY, THEN, YOU AGREE AS FOLLOWS:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES BETWEEN THE PARTIES SHALL BE SETTLED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES: (THESE ARE THE EXCLUSIVE PROCEDURES FOR RESOLVING DISPUTES IF WE ARE UNABLE TO RESOLVE THE DISPUTE INFORMALLY), EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE BKFC INTELLECTUAL PROPERTY RIGHTS (FOR EXAMPLE, TRADEMARK, TRADE SECRET, COPYRIGHT, OR PATENT RIGHTS); UNDER SUCH CIRCUMSTANCES BKFC MAY BRING A LAWSUIT FOR INJUNCTIVE RELIEF TO STOP UNAUTHORIZED USE OR ABUSE OF THE SITE AND/OR THE BKFC APP , OR INTELLECTUAL PROPERTY INFRINGEMENT (FOR EXAMPLE, TRADEMARK, TRADE SECRET, COPYRIGHT, OR PATENT RIGHTS) WITHOUT FIRST ENGAGING IN ARBITRATION OR THE INFORMAL DISPUTE-RESOLUTION PROCESS DESCRIBED BELOW.
•The party seeking to make a claim shall submit the claim to binding arbitration with the American Arbitration Association ("AAA"). The decision of the arbitrator shall be binding upon all parties and their respective successors and assigns, and may be reduced to a judgment or decree in a court of competent jurisdiction, if and only if the arbitrator's decision is in writing and presents detailed conclusions of fact and law.
•Either party to the arbitration may appeal any finding of law (but not of fact) to a court of competent jurisdiction.
•Each party shall bear its own costs and expenses in connection with the foregoing procedures regardless of which party prevails ; provided, however, that each party shall bear one-half the costs and expenses of the AAA and the arbitrator. The arbitrator shall not have the authority to award incidental, consequential or punitive damages, and you waive any right to have damages multiplied or otherwise increased.
•The arbitration shall take place exclusively in Philadelphia, Pennsylvania, and the parties waive any and all objections to that jurisdiction and venue.
•NO CLASS ACTIONS. You may only resolve disputes with BKFC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed
Consent to Jurisdiction in Pennsylvania; Attorney’s Fees; Time Period Limitation for Claims;
A. Waiver of Class and Representative Actions a. Any and all disputes, claims, or controversies (“Claims”) arising out of or relating to (i) this Agreement, (ii) the breach thereof, or (iii) any use of, or commercial transactions conducted through, the Site, the BKFC App , or Services shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures (including the Supplemental Procedures for Consumer-Related Disputes to the extent those procedures are applicable), provided however that a Claim for money damages only (and not for any declaratory or injunctive relief) may be filed in a small claims court solely on an individual, non-class, and non-representative basis.
B. You and BKFC waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum.
C. Any arbitration of a Claim shall be held in Philadelphia, Pennsylvania, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it applies only to the arbitration in which it was awarded and cannot be used in any other case or proceeding except to enforce the award itself. The arbitrator shall not have power or authority to award punitive damages, including treble damages that may otherwise be available.
D. Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and BKFC waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and BKFC further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of the State of Pennsylvania. Notwithstanding any provision of the AAA’s rules and procedures, only the federal and state court, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.
E. You agree that BKFC may seek any interim or preliminary relief from a court of competent jurisdiction in Pennsylvania necessary to protect its rights or property pending the completion of arbitration.
F. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal and state court of competent jurisdiction sitting within Pennsylvania, and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient. WOULD ELIMINATE ALL OTHER JURISDICTIONAL REFERENCES??
G. If either party initiates a proceeding involving any Claim other than (i) an arbitration in accordance with this Section or (ii) a proceeding in small claims court permitted by this Section, or if either party initiates a proceeding involving a Claim under paragraph F other than in the Forum, the other party shall recover all attorneys’ fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.
H. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide BKFC with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
I. You and BKFC agree that this Section shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.
• SEVERABILITY AND INTEGRATION
This Agreement constitutes the entire agreement between you and BKFC and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BKFC. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by BKFC’s posting on the Services changes to this Agreement, or by a subsequent writing signed by BKFC.
• NO WAIVER
BKFC’s failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
• NO PROFESSIONAL ADVICE
Any information supplied by any of BKFC’s employees or agents, whether by telephone, e-mail, letter, facsimile or any other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. BKFC makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and BKFC will not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, disability, illness, or death.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BKFC as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of BKFC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Further, user agrees not to televise any BKFC fight, and/or any content thereof in any commercial establishment including, but not limited to bars, restaurants, night clubs, sports books, venues, stadiums, and the like without prior written consent of BKFC. It is understood by the user that the purchase of the BKFC App is for private use ONLY.
At BKFC’s option, it may give notices to users of the Services by posting a message on the Service, by electronic or certified mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to BKFC must be by electronic or certified mail. Any notices you send to BKFC by electronic mail must be sent to firstname.lastname@example.org Notices to BKFC by certified mail must be sent to: 303 W. Lancaster Ave. #288 Wayne, PA 19087.
Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of BKFC’s authorized officers.
Please report any violations of this Agreement to email@example.com.