TERMS AND CONDITIONS OF USE
Lucha Libre USA, LLC owns and operates the Internet site located at www.luchalibreusa.com Website(collectively, including all content “Website”). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using this Website. The terms ‘”Lucha Libre USA” “we”, “us” and “our” refer to Lucha Libre USA, LLC and its related or affiliated companies.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.
Lucha Libre USA reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. You agree to regularly review this Agreement and to be aware of such revisions. Your use of this Website following any such change constitutes your agreement to follow and be bound by this Agreement as changed.
This Agreement applies to all users of the Website. As a user, you represent and warrant that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of thirteen (13), as the Website is not intended for children under thirteen (13).
In cases where you have authorized a minor to use the Website, 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 the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website may contain content that is inappropriate for minors. You acknowledge that Lucha Libre USA has no obligation to monitor the content accessible on or through the Website.
1. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trademarks, service marks and trade names and the selection and arrangements thereof (collectively the “Content”) comprised in the Website, excluding any User Submissions as defined below (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Lucha Libre USA. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Lucha Libre USA.
In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.
You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify Lucha Libre USA immediately of any breach of security or unauthorized use of your account.
Although Lucha Libre USA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lucha Libre USA or others due to such unauthorized use.
3. ACCEPTABLE USE
To register for the account you will be required to provide certain personal information including your email address; however, when you post a story or comment you are prohibited from displaying your full legal name (i.e., only the user name you selected will be displayed so do not choose a user name that incorporates your full legal name). You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited from: (i) using the Website to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Website in such a way that damages the image or rights of Lucha Libre USA, other users or third parties; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.
4. USER SUBMISSIONS AND CONDUCT
As a Website account holder you may submit textual content (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lucha Libre USA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Lucha Libre USA all of the license rights granted herein.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Lucha Libre USA, you hereby grant Lucha Libre USA a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Lucha Libre USA’ business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now known or hereafter devised, without any compensation or payment of royalties. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Website a perpetual, irrevocable, non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.
Lucha Libre USA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You also acknowledge and agree that you, and not Lucha Libre USA, are entirely responsible for your User Submission and that Lucha Libre USA does not control the User Submissions posted on the Website, as such, does not guarantee the accuracy, integrity or quality of such User Submission. You understand that by using or viewing the Website, you may be exposed to content that is offensive, indecent or objectionable. Lucha Libre USA expressly disclaims any and all liability in connection with User Submissions.
Due to the volume of responses, it may not be possible for us to respond to or publish every User Submission made to the Website.
5. ACCESS AND ACCOUNT TERMINATION
Lucha Libre USA reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.
6. ACCESS TO SITE
While Lucha Libre USA endeavors to ensure that this Website is available at all times, Lucha Libre USA will not be liable if, for any reason, this Website is unavailable at any time or for any period.
THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCHA LIBRE USA DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LUCHA LIBRE USA DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCHA LIBRE USA , ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF LUCHA LIBRE USA OR THAT PARTY EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
9. GOVERNING LAW AND ATTORNMENT
This Agreement is governed by and will be construed in accordance with the laws of the State of New York. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THIS AGREEMENT WILL BE INSTITUTED ONLY IN A LOCAL, STATE, OR FEDERAL COURT LOCATED IN NEW YORK, NY. YOU AND LUCHA LIBRE USA AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
11. FORWARD-LOOKING STATEMENTS
This Website may include forward-looking statements. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words such as “believes,” “expects,” “anticipates,” “estimates,” “intends,” “plans,” “seeks” or words of similar meaning, or future or conditional verbs, such as “will,” “should,” “could” or “may.” A forward-looking statement is neither a prediction nor a guarantee of future events or circumstances, and those future events or circumstances may not occur. Actual future results and trends may differ materially depending on a variety of factors. Lucha Libre USA assumes no obligation to update any of these forward-looking statements.
12. THIRD PARTY LINKS
The Website may contain links to third party websites that are not owned or controlled by Lucha Libre USA. Lucha Libre USA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lucha Libre USA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Lucha Libre USA from any and all liability arising from your use of any third-party website.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.
14. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Website, Lucha Libre USA may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Lucha Libre USA does not own or control may be transmitted, stored, accessed or otherwise made available using the Website. Lucha Libre USA has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Lucha Libre USA has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Lucha Libre USA or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available via the Website infringes a copyright, you should notify Lucha Libre USA using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Lucha Libre USA will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Lucha Libre USA designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: 2578 Broadway #146 New York, NY 10025
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Website that you claim is infringing, with enough detail so that Lucha Libre USA may locate it on the Website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
Lucha Libre USA may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.