- Acceptance. Welcome to the Fight Network (the "Website") operated by The Fight Network ("TFN") The Website and its associated products and services (collectively, the "Services") are offered by your Service Providers through Web pages at the URL http://www.thefightnetwork.com and pages linked thereto which include a footer link to this terms of use.
Portions of the Services (RSS, Video Player, commenting, podcasts, and message boards) may be governed by additional posted guidelines, conditions, policies, rules, or other terms and conditions ("Additional Rules"). All Additional Rules are hereby incorporated by reference into these terms of use. In the event of a conflict between any Additional Rules and these terms of use, these terms of use shall control. However the Privacy section below, supersedes any conflicting language in these terms of use and/or any Additional Rules with respect to the subject matter covered by the Privacy Policies.
By accessing the Website or using any of the Services, you agree, without limitation or qualification, to be bound by these terms of use and the Additional Rules, as all of the same may be modified by your Service Providers from time to time by posting such updated terms of use or Additional Rules on the Services (collectively the "Terms of Use"). If you do not accept these Terms of Use in their entirety, you may not access or use the Services. Please note that the Terms of Use may be updated from time to time without notice to you by posting such updated Terms of Use on the Service, so please check back periodically. The most current version of the Terms of Use can be found at http://privacy.sympatico.msn.ca/tou/.
Because the Terms of Use contain legal obligations, please read them carefully. - Privacy and Personal Information., For Further Privacy information please consult our Privacy Policies.
- Rules and Conduct. In addition to any Additional Rules and in consideration of the availability and your use of the Services, you agree not to:
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or which would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder; and
- impersonate or falsely represent your association with any person, including a representative or forum moderator of your Service Providers.
- Responsibility for Minors. In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Services may contain material that is inappropriate for minors. If you are a minor, please obtain your parent's permission to utilize the Services and please ensure that your parents review these terms.
- Monitoring. You acknowledge that neither of your Service Providers has an obligation to monitor the Services or any content, products or services (collectively, "Content") accessible through the Website or any of the Services. However, you agree that your Service Providers have the right to monitor the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, ensure compliance with the Terms of Use or to protect itself or its users in accordance with the Privacy Policies. Your Service Providers each reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms of Use. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall either of your Service Providers be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such Content.
- Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Your Service Providers assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that neither of your Service Providers shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
- Pay Services. Certain of the Services may be offered by the Service Providers, jointly or individually, on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by the Service Providers on a "prepaid" or on a "pay as you use" basis. Pay Services may be governed by a specific service agreement accompanying such service. If you receive access to a Pay Service that is not accompanied by a separate service agreement, then should you choose to purchase access to a Pay Service, you will be required to register as described in Section 3 above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide to your Service Providers at such time. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately to the credit card you designated for the particular Pay Service Account and are non-refundable. Your Service Providers reserve the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the Terms of Use, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) (d) that your Service Providers reserve the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that your Service Providers reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where either of your Service Providers has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of the Terms of Use. Any such termination by your Service Providers shall be in addition to and without prejudice to such rights and remedies as may be available to your Service Providers, including injunction and other equitable remedies.
- Software Downloads and Shareware. Your use of any software associated with the Services will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then your Service Providers grant to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with the Terms of Use. Your Service Providers reserve all rights to such software not expressly granted to you in the Terms of Use. Such software is protected by copyright and other intellectual property laws and treaties. Your Service Providers or their suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.
The Services may also allow you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that neither of your Service Providers, including their suppliers, shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or specifications.
- Disclaimer Regarding Third Party Content. The Services offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the Services websites and web pages or sites displayed as search results or contained within a directory of links on the Services, your Service Providers generally exercise no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party web pages, including but not limited to web casting or any other transmission. Inclusion of a link to third party content does not imply endorsement by your Service Providers of such content. You further agree that neither of your Service Providers shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
- Professional Information Disclaimer. The Services makes available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Services does not replace consultations with a qualified medical, legal financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that neither of your Service Providers, including their respective suppliers, shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
- User Content. In respect of any and all content you elect to post on the Services which is accessible by the general public, such as on public forums operated by your Service Providers, you grant each of your Service Providers individually and jointly a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content in connection with the Service. Such license shall apply with respect to any form, media, or technology now known or later developed and shall terminate at the time you delete such content from the Service.
With respect to any and all content you elect to post or transmit using the Services, you agree that your Service Providers may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by your Service Providers to be necessary to ensure compliance with the law, enforce the Terms of Use or protect the rights and interests of your Service Providers or any other person.
- Service Modifications. You acknowledge and agree that your Service Providers reserve the right at any time to modify or discontinue (with respect to an individual user or all users) any of the Services with or without notice to you, and that your Service Providers will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
- Termination. You acknowledge and agree that either of your Service Providers, in its sole and absolute discretion, may, without notice to you, suspend, remove or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where either of your Service Providers believes that you have violated any of the Terms of Use, or where your account has been inactive for any period of time. You further agree that neither of your Service Providers shall be liable to you or to any other person as a result of any such suspension or termination. Upon termination your right to use the Services immediately ceases.
If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of your Service Providers in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT NEITHER OF YOUR SERVICE PROVIDERS, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, CONTRIBUTORS, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS NOR EMPLOYEES (THE "SERVICE PROVIDER PARTIES") MAKES ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE SERVICE PROVIDER PARTIES SPECIFICALLY MAKE NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY SERVICE PROVIDER PARTY, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH PARTY, HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
- Indemnity. You agree to defend, indemnify and hold each of the Service Provider Parties harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your accounts: (a) violation of the Terms of Use, or (b) use of the Website or any of the Services, or (c) placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.
- No License; Intellectual Property of your Service Providers and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of your Service Providers or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of the Service Provider Parties. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Website. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Services.
- Trademarks. The Fight Network, Fight News and Fight Network and their associated logos are registered trademarks of The Fight Network INC. All other product, brand and company names and logos used on the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Services without the express written consent of your Service Providers or the owner of the mark, as appropriate, is strictly prohibited.
- Copyright Notices. All information and content contained on, or made available over, the Services are: Copyright © 2008 The Fight Network. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owners.
- Territory. The Services is only intended for use by users located within Canada.
