Last Updated: October 10, 2014
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
AOE Studios reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
USE OF OUR SERVICE
- a. Eligibility. Because we respect the rights of children and parents, you may use the AOE Studios Service only if you can form a binding contract with AOE Studios, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the AOE Studios community, the Service is not available to any Users previously removed from the Service by AOE Studios. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
- c. Your responsibility for your account: You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify AOE Studios immediately of any breach of security or unauthorized use of your account. AOE Studios will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of AOE Studios or others due to such unauthorized use.
- d. Groups. AOE Studios may allow Users to create or join groups on the Service in order to share articles and other content, and to send SMS text messages to other Group members (a “Group”). If you are added to a Group by a User, you may be sent an SMS text message with a unique hyperlink to directly access your Group’s page. Anyone with access to this unique hyperlink will be able access your group on the Service using your name, and so you agree to keep the Group’s page hyperlink secure. You can remove yourself from a Group by following the instructions on the Service. For more information, see the “Group Messaging and Text Messages on the Service” section below.
- f. Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AOE Studios will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
- g. Changes to the Service. Here at Rassslin’ and Rantin’, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, Rassslin’ and Rantin’ may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
- a. Rassslin’ and Rantin’ Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of Rassslin’ and Rantin’ and its licensors (“Rassslin’ and Rantin’ Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Rassslin’ and Rantin’ Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Rassslin’ and Rantin’ Content, including without limitation any materials or content accessible on the Service. “Rassslin’ and Rantin’,” “RR Top Tens,” “RR Raw Rant,” “RR Wrestler Profiles,” “Rassslin’ and Rantin'” and other Rassslin’ and Rantin’ graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Rassslin’ and Rantin’ protected by the laws of the United States and/or other countries or jurisdictions. Rassslin’ and Rantin”s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Rassslin’ and Rantin’ Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
- b. Our license to you. Subject to the terms and conditions of this Agreement, Rassslin’ and Rantin’ provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. Rassslin’ and Rantin’ may terminate this license at any time for any reason or no reason.
- c. Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make Rassslin’ and Rantin’ better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AOE Studios under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Rassslin’ and Rantin’ does not waive any rights to use similar or related Feedback previously known to Rassslin’ and Rantin’, or developed by its employees, or obtained from sources other than you.
You agree to defend, indemnify and hold harmless AOE Studios, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or AOE Studios User ID.
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AOE STUDIOS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
AOE STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AOE STUDIOS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AOE STUDIOS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THIRD-PARTY LINKS, SITES AND SERVICES
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AOE STUDIOS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF AOE STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL AOE STUDIOS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. AOE Studios makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
TERMINATION OF YOUR ACCOUNT AND THE SERVICE
AOE Studios may terminate or suspend the Service in whole or in part and/or your AOE Studios account immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your AOE Studios account, you may discontinue using the Service by sending an email message to firstname.lastname@example.org with the words “Terminate account” in the subject field.
GOVERNING LAW AND ARBITRATION
- a. Governing Law. You agree that: (i) the Service shall be deemed solely based in Maryland; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over AOE Studios, either specific or general, in jurisdictions other than Maryland. This Agreement shall be governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles.
- b. Arbitration. For any dispute with AOE Studios, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that AOE Studios has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any AOE Studios claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and AOE Studios agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AOE STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- a. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind AOE Studios in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- b. Notification. AOE Studios may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by AOE Studios in our sole discretion. AOE Studios reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. AOE Studios is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
- c. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with AOE Studios in connection with the Service, shall constitute the entire agreement between you and AOE Studios concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
- d. Assignment. This Agreement is not assignable, transferable or sublicensable by you except with AOE Studios’s prior written consent. AOE Studios may transfer, assign or delegate this Agreement and its rights and obligations without consent.
- e. Contact. Please contact us at email@example.com with any questions regarding this Agreement.
This Agreement was last updated October 10, 2014.