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Terms & Conditions

Agreement between User and cagewarsny.com

Welcome to cagewarsny.com. The cagewarsny.com website (the “Site”) is comprised of various web pages operated by Cage Wars. cagewarsny.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of cagewarsny.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Accessing, browsing, or using Our Site or the Services offered therein constitutes your understanding and agreement to be bound by the Terms and Conditions and expresses your acknowledgement that you have read and understood them and consented to them. We update our Terms and Conditions periodically and your access and use of our Site and will be subject to the version of the Terms and Conditions effective as of the time of your use. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE SITES AND SERVICES PROVIDED THEREIN.

cagewarsny.com is an E-Commerce, News & Information Site.

The cagewarsny.com website is an e-commerce, news and information website. We provide services such as pay-per-view live streaming of our events.

Privacy

Your use of cagewarsny.com is subject to Cage Wars’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting cagewarsny.com or sending emails to Cage Wars constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cage Wars is not responsible for third party access to your account that results from theft or misappropriation of your account. Cage Wars and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Eligibility for Use of the Sites and the Services

You affirm that you have reached the age of majority in the jurisdiction of your residence, or you are an emancipated minor, or have obtained the informed legal parental or guardian consent to access and use the Site, and the Services and are fully able to enter into, agree to and abide by the Terms and Conditions set forth in herein. Cage Wars hereby grants you permission to access and use the Site, and the Services solely for personal non-commercial use, as set forth herein, provided that in your use of the Service, you will comply with all applicable laws.

Children Under Thirteen

Cage Wars does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use cagewarsny.com only with permission of a parent or guardian.

Availability of Services

The availability of the Site, the Content and the Services, may be affected by factors, which are not within the control of Cage Wars, including, but not limited to, event delays or cancellations, third party technical problems, network delays, program rescheduling or force major circumstances. You understand and agree that We under no obligation to provide You with any specific Content or Services under the Terms and Conditions.

Access to the Services. Technical Requirements

In order to access the Services, you must have access to the World Wide Web, 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, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. 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 device satisfies the minimum technical requirements before you register to access the Services.  If We change the minimum technical requirements after your initial registration to access the Services and your device no longer satisfies the minimum technical requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions set forth herein.

In order to access the Services, you will have to create an account on the Site. When creating your account, you must provide accurate and complete information. Any information provided by You in connection with your registration of an account on the Site will be stored by Cage Wars in accordance with the terms of our Privacy Policy. We kindly ask that, prior to using the Site, you review our Privacy Policy with respect to the collection, use, and protection of your information.

You are not authorized to use third party accounts without their permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential. Cage Wars will not be responsible or liable for your losses caused by any unauthorized use of your account. You must notify Cage Wars immediately of any unauthorized use of your account.

Content Viewing and Submission. Content Proprietary Rights

These Terms and Conditions to all users of the Site, and the Services, including contributors of Content to the Site, and Services.

The Services and the Content may contain links to third party websites, mobile applications and/or services that are not owned or controlled by Cage Wars. Cage Wars has no control over, and assumes no responsibility for, the Content and policies of any third party websites, mobile applications and/or services. By using the Services, you expressly relieve Cage Wars from any and all liability arising from your use of any third-party website, mobile application and/or service.

The Content, and the trademarks and logos (“Marks”) embedded therein are subject to copyright and other intellectual property rights of Cage Wars or its licensors. All trademarks, logos and any other proprietary designations displayed within the Content constitutes intellectual property of Cage Wars or its licensors.  Content is provided to you as is. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms and Conditions. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use any Content for any other purposes without the prior written consent of the respective owners of the Content.

You acknowledge that the Site aggregates Content from different sources, and that Cage Wars is not responsible or liable in any way for the accuracy, usefulness, safety, or intellectual property rights of such Content. You acknowledge that you may be exposed to Content that is inaccurate, offensive or indecent and you hereby waive any legal rights or remedies that you may have against Cage Wars with respect to this, and agree to indemnify and hold harmless Cage Wars, its shareholders, directors, officers, employees, affiliates, licensors, and licensees regarding all matters related to your use of the Services.

You may submit Content to the Services. You understand that Cage Wars does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for this Content and the consequences of submitting and publishing it on the Services. You confirm and warrant that you own or have the necessary licenses, rights and permissions to publish the Content that you submit; and you license to Cage Wars all patent, trademark, copyright or other proprietary rights in and to such Content for publication on the Sites, Apps and the Services according to the Terms and Conditions herein.

By submitting Content to Cage Wars you hereby grant Cage Wars a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, and broadcast the Content on the Site and in connection with the Services provided therein, in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, and display such Content as permitted through the functionality of the Sites, Apps and the Services and under these Terms and Conditions. You agree that the Content you submit to the Sites, Apps and the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material to post the material and to grant Cage Wars all of the license rights.

Cage Wars does not endorse any Content submitted to the Sites, Apps and the Services by any user or other content owner, or any opinion, recommendation, or advice expressed therein, and Cage Wars disclaims any liability in connection with the Content. Cage Wars does not permit infringement of copyright or any intellectual property rights on the Services and Cage Wars will remove all Content, if properly notified that such Content infringes any intellectual property rights. Cage Wars reserves the right to remove any Content without prior notice.

Pay Per View Services

Pay Per View Services are offered at the prices listed on the Site. We reserve the right to modify the price of any Pay Per View Service based on market conditions, at any time, without notice.

Payments for Pay Per View Services on the Sites are administered by third party payment gateway service providers. Cage Wars utilizes third party payment gateway providers, which allow use of variety types of credit cards.  In order to purchase Pay Per View Services, you may be required to provide complete and accurate information to the payment gateway providers, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address. The Site does not store any information provided by you to the payment gateway providers at the time of payment.

Upon completion of a purchase, the Site will provide confirmation of the purchase containing an order ID number. Please retain the order ID to allow you to access the Content you have purchased on multiple devices you may decide to use.

Pay Per View purchases are final excepting the specific circumstances set forth in the Refund Policy.

Cancellation/Refund Policy

Cage Wars will process refunds for Pay Per View Services within 24-72 hours after the refund request was submitted. Refunds shall be issued only in the following cases:

  1. You made double/multiple purchases in error using the same registration/login data.
  2. The Pay Per View Content was not available because an event was cancelled, or the provider did not make the Content available for streaming.
  3. More than 80% of the Content had streaming issues (no sound, or poor sound & video quality).
  4. The Content was misleading – the description didn’t relate to actual content of the video
  5. Refunds for Pay Per View Services must be submitted no later than 48 hours after a live broadcast of an event has finished.

To process your refund, please send an e-mail to [email protected] or and please reference the order ID number provided at the time of purchase of the Content for which a refund is requested.

Restrictions on Pay Per View and Video on Demand Services

Pay Per View Services are provided solely for personal and residential use. Commercial establishments in any jurisdiction throughout the world are required to purchase a license from Cage Wars for Pay Per View Services.

Links to Third Party Sites/Third Party Services

cagewarsny.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cage Wars and Cage Wars is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cage Wars is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cage Wars of the site or any association with its operators.

Certain services made available via cagewarsny.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the cagewarsny.com domain, you hereby acknowledge and consent that Cage Wars may share such information and data with any third party with whom Cage Wars has a contractual relationship to provide the requested product, service or functionality on behalf of cagewarsny.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use cagewarsny.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Cage Wars that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cage Wars or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cage Wars content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Cage Wars and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cage Wars or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws ( or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Cage Wars has no obligation to monitor the Communication Services. However, Cage Wars reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cage Wars reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Cage Wars reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cage Wars ‘s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cage Wars does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cage Wars specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cage Wars spokespersons, and their views do not necessarily reflect those of Cage Wars.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to cagewarsny.com or Posted on Any Cage Wars Web Page

Cage Wars does not claim ownership of the materials you provide to cagewarsny.com (including feedback and suggestions) or post, upload, input or submit to any Cage Wars Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Cage Wars , our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Cage Wars is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cage Wars ‘s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Cage Wars from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Cage Wars Content accessed through cagewarsny.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Cage Wars, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cage Wars reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cage Wars in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Cage Wars agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAGE WARS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CAGE WARS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAGE WARS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAGE WARS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAGE WARS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Cage Wars reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cage Wars as a result of this agreement or use of the Site. Cage Wars ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cage Wars ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cage Wars with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cage Wars with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cage Wars with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Cage Wars reserves the right, in its sole discretion, to change the Terms under which cagewarsny.com is offered. The most current version of the Terms will supersede all previous versions. Cage Wars encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Cage Wars welcomes your questions or comments regarding the Terms. Please email us at [email protected].

Effective as of October 27, 2018