Terms of Use
Terms And ConditionsVersion: 2009-01-05
1. Introduction
Welcome to the Championship Wrestling Online.TV (CWOL.TV) website where you can develop your own wrestling promotion, make new friends and even share your love for wrestling with others. By using the CWOL.TV Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'written agreement signed by you.'
2. Changes to CWOL.TV and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time with or without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's updated date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
3. Eligibility and Registration
Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on the CWOL.TV website without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. By registering for the CWOL.TV Service, you represent and warrant that you are not a "Minor" acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a CWOL.TV.com user ("User"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
4. User Conduct and Appropriate Content
The CWOL.TV Service is made available for your personal use only. You may not use the CWOL.TV Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, lessons, class material, audio and video clips, links and other content ('Materials') that you submit, post, and display on the CWOL.TV Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does CWOL.TV have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Users's use of the CWOL.TV Service. CWOL.TV cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 4.
5. Conditions for Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the CWOL.TV Service. By way of example, and not as a limitation, you agree NOT to:
* Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
* Use other Users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Users
* Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
* Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by CWOL.TV.
* Create a false or misleading identity of,(including, but not limited to), a CWOL.TV employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
* Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
* Use the CWOL.TV Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the CWOL.TV website.
* Attempt to gain unauthorized access to the CWOL.TV Service, other accounts, computer systems or networks connected to the CWOL.TV Service, through password mining or any other means.
* Modify, adapt, translate, or reverse engineer any portion of the CWOL.TV Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the CWOL.TV Service.
* Reformat or frame any portion of the web pages that are part of the CWOL.TV Service.
* Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
* Remove any copyright, trademark or other proprietary rights notices contained in or on the CWOL.TV Service.
* Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
* Interfere with another User's use and enjoyment of the CWOL.TV Service.
* Harvest or collect email addresses or other contact information of Users, including usernames, from the CWOL.TV website by electronic or other means.
By enrolling in the CWOL.TV Service, you acknowledge and agree that you have no right to provide any files obtained through the CWOL.TV Service to any other party or through any other means save as otherwise provided through the CWOL.TV language service (as detailed on the CWOL.TV website). You may only make copies of any file obtained through the Service for your own personal use and that sharing of any files belonging to other rights holders will only be shared via the CWOL.TV sharing service (as detailed on the CWOL.TV website).
Because the CWOL.TV Service is designed for entertainment use, you are not allowed to use any automated system for the selection or downloading of files. CWOL.TV reserves the right to immediately and permanently terminate your access to the Service if CWOL.TV believes that you are violating such limitation.
You represent and warrant that you own or otherwise control all of the rights to any Materials that you post to the CWOL.TV website and you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the CWOL.TV Service
You may not use or allow others to use, your IDs and/or the CWOL.TV Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the CWOL.TV Service, that:
* is libellous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive;
* violates any law or regulation or the rights of others;
* causes duress, distress or discomfort to another or is likely to deter or discourage others from using the CWOL.TV Service; and/or
* infringes any intellectual property, proprietary rights or confidentiality obligations of others.
You are solely responsible and liable for any such activity, behaviour, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You also may not use, nor allow others to use, your ID(s), the CWOL.TV Service, directly or indirectly, to:
* attempt to or actually disrupt, impair or interfere with, alter or modify the CWOL.TV Service or any information, data or materials posted and/or displayed by us or anyone else;
* act in a way that affects or reflects negatively on us, the CWOL.TV Service, or anyone else;
* collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all applicable laws and regulations which are applicable to your use of the CWOL.TV Service.
You are prohibited from violating or attempting to violate the security of the CWOL.TV Service, including, without limitation:
* accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access;
* attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent;
* attempting to interfere with or disrupt the CWOL.TV Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or
* sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the CWOL.TV Service and/or the CWOL.TV website including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation.
6. Service Suspensions
CWOL.TV will make reasonable efforts to keep the CWOL.TV website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of CWOL.TV may, from time to time, result in temporary service interruptions. CWOL.TV also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the CWOL.TV Service with or without notice. You agree that CWOL.TV shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the CWOL.TV Service.
7. Proprietary Rights, Royalty Payments, Rights Owners and Payment Events
CWOL.TV and its affiliates and licensors own and retain all rights in the CWOL.TV web site and CWOL.TV Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the CWOL.TV Service by CWOL.TV. Except as expressly authorized by CWOL.TV you may not copy, modify, publish, transmit, distribute, perform, display or sell any of CWOL.TV's proprietary information.
8. Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
9. Copyright and Intellectual Property
Website Content
The CWOL.TV website and the underlying computer code used by us to design, operate and maintain the website and all content and material contained within or available on the Website is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the CWOL.TV website. Notwithstanding the above, you may use the content and materials on the Website in the course of your normal, personal, non-commercial use of the CWOL.TV website.
COPYRIGHT COMPLAINTS
We respect the ownership of copyright and other intellectual property rights of others and we have made all reasonable endeavours to acquire the consent of the copyright owners to the content provided on the CWOL.TV website. We will upon notice of any actual or potential infringement of copyright in such content either seek to acquire the consent of the copyright owner to use such content or, if this is not possible, immediately remove the infringing or potentially infringing content from the CWOL.TV website.
If you believe that your work or the work of a third party has been used on the CWOL.TV website in such a way that constitutes copyright infringement, please contact us and provide us with the written information specified below:
* An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
* A description of the copyrighted protected content that you believe has been infringed upon;
* A full description of where on the CWOL.TV website this content can be found (including the relevant URL and/ or screen shot);
* Your address, telephone number, and e-mail address;
* A written statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
* A written statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf.
10. Internet Access
CWOL.TV shall not be responsible for any connection or access to the CWOL.TV website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the CWOL.TV website via the Internet, and the Internet access charges thereon.
Termination of the CWOL.TV Service
These Terms of Service will apply to your use of the CWOL.TV Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account mail info@CWOL.TV.com. We may terminate your user status immediately at any time, for any reason. Once your user status terminates, you will have no right to use the CWOL.TV Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your user status.
CWOL.TV may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the CWOL.TV Service, or any part thereof, with or without notice. You agree that any termination of access to the CWOL.TV Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that CWOL.TV may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the CWOL.TV Service. Where possible, CWOL.TV will use reasonable efforts to give Users fair notice of termination or suspension of their access to the CWOL.TV Service. Further you agree that CWOL.TV shall not be liable to you or any third party for any termination or suspension of access to the CWOL.TV Service or modification of the CWOL.TV Service.
11. Disclaimer of Warranties
CWOL.TV, and its affiliates, licensors, partners, users, suppliers, employees, consultants and agents ('the CWOL.TV Family') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the CWOL.TV Service.
The CWOL.TV Family further expressly disclaims (1) that the CWOL.TV Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the CWOL.TV Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the CWOL.TV Service or the content made available as part of the CWOL.TV Service will be correct, accurate, timely, or otherwise reliable.
CWOL.TV Family expressly disclaims any and all responsibility and liability for the conduct of any other User, and expressly disclaims that the content and Materials of the CWOL.TV Service input by other Users is correct or accurate.
THE CWOL.TV SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE CWOL.TV SERVICES), PRODUCTS AND SERVICES INCLUDEDTHEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. CWOL.TV EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR USE OF THE CWOL.TV SERVICE IS ENTIRELY AT YOUR OWN RISK.
12.Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at CWOL.TV's request defend, CWOL.TV, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, downloaders, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the CWOL.TV Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, CWOL.TV will provide you with written notice of such claim, suit or action.
13. Limitation of Liability
YOUR USE OF THE CWOL.TV SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL CWOL.TV, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE CWOL.TV SERVICE, WHETHER OR NOT CWOL.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CWOL.TV SERVICE, FROM INABILITY TO USE THE CWOL.TV SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CWOL.TV SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE CWOL.TV SERVICE OR ANY PART OF THE CWOL.TV SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CWOL.TV SERVICE AND ITS RELATED WEBSITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL CWOL.TV BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND US DOLLARS $1000.00).
14. Notices
CWOL.TV may provide you with notices regarding the CWOL.TV Service or these Terms of CWOL.TV Service by regular mail, email, or postings to this Web site.
15. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the CWOL.TV Services.
16. Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the exclusive jurisdiction of the courts located in Las Cruces, NM.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall CWOL.TV be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and CWOL.TV with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms of Service by a party will be effective only if in writing and signed by a party.