Last Revised: March 25, 2015
For the purposes of this User Agreement, the term "Content" includes, without limitation, data (such as statistics, odds, and information), text (such as written posts, articles, and comments), images, videos, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet that are not owned or controlled by AppsContinuum, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
This App and the Services found on this App are available only to Users who can form legally binding contracts under applicable law. Subject to this User Agreement, AppsContinuum gives you a personal, worldwide, non-exclusive, non-transferable, and non-assignable license to use the software provided to you for your own personal, non-commercial use. This license lets you use FightCreed solely as permitted by these Terms, and you shall not rent, lease, sell, or otherwise transfer any of the rights that you receive hereunder. You promise to use the service only for lawful purposes, and to not violate the rights of our third parties. You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any AppsContinuum server, or to any of the services offered on or through the App, by hacking or any other illegitimate means. You may not probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App, or any systems or networks connected to the App or third party providers. You agree that you will not (i) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (ii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iii) run any form of auto-responder or "spam" on the Services; (iv) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App; (v) harvest or scrape any Content from the Services.
Unauthorized use of any of AppsContinuum's or FightCreed's logos, graphics, domain names or other distinctive brand features is prohibited. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application). You shall not copy, modify, translate, create derivative works, broadcast, display, or distribute in any medium any Content, or part of the App or the Services. You will not access FightCreed's Content (as those terms are defined here) through any technology or means other than through this App itself. You shall not use this App or the Services found on this App, including any of AppsContinuum’s related technologies or Content, for any commercial use. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. AppsContinuum reserves all rights not expressly granted in and to AppsContinuum Content, this App and the Services found on this App, and this Agreement does not transfer ownership of any of these rights. The App and the Services have been specially designed to present AppsContinuum Content in a unique format and appearance. We are concerned about the integrity of AppsContinuum Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Neither you nor any third party shall make use of AppsContinuum Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
The services are available "as is" and "with all faults." AppsContinuum does not warrant that the services will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information, odds, odds calculations, or other materials available through the services. We do not make any warranties, express or implied, including without limitation, those of non-infringement, merchantability, and fitness for a particular purpose, with respect to the services or any information or goods that are available or advertised or sold through the services. We do not provide or authorize the provision of medical, legal, or other professional advice through the services, and so we disclaim any responsibility for the accuracy or reliability of medical, legal, or other professional information that is contained within the services; rather than relying on this information, you should seek advice from a qualified professional. We do not make any representations regarding, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, or distributed in the services or available through links in the services. We reserve the right to correct any errors or omissions in the services. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses," or other destructive materials to the services, we do not guarantee or warrant that the services or materials that may be downloaded from the services do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the services or any materials available through the services, you do so solely at your own risk. To the fullest extent allowed by law, AppsContinuum, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues, business, or profits, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (i) your access to, use of, inability to access or inability to use FightCreed or any of FightCreed's Content; (ii) any third party conduct or Content on FightCreed, including any defamatory, offensive or illegal conduct of third parties; (iii) errors, omissions, interruptions, or other inaccuracies in FightCreed or any of FightCreed’s Content. Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of New York, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by AppsContinuum at its sole discretion. The arbitration hearings and all meetings pursuant to this section shall be held in New York County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York State shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
These Terms constitute the entire agreement between you and AppsContinuum. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
MODIFICATIONS TO OUR SERVICE
FightCreed is a dynamic product, always evolving and (hopefully) getting better. As a result, we may change, eliminate or restrict access to our products or any part of our service at any time, for any reason, with or without advance notice. And we may do so with respect to one, some or all of our users.
MODIFICATIONS TO THE TERMS OF SERVICE
These Terms may be modified from time to time, and such changes or modifications shall be effective immediately upon posting. Your use of this App or the Services after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised.