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Disclaimers
ULTIMATE KOMBAT CHAMPIONSHIPS, L.L.C. (UKC) DOES NOT PROMISE THAT THE
SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE
OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR
USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ULTIMATE
KOMBAT CHAMPIONSHIPS, L.L.C. (UKC) CANNOT ENSURE THAT ANY FILES OR OTHER
DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION
OR DESTRUCTIVE FEATURES. ULTIMATE KOMBAT
CHAMPIONSHIPS, L.L.C. (UKC) DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ULTIMATE
KOMBAT CHAMPIONSHIPS, L.L.C. (UKC) DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH
OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ULTIMATE
KOMBAT CHAMPIONSHIPS, L.L.C. (UKC) SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE
REMEDY AGAINST ULTIMATE KOMBAT
CHAMPIONSHIPS, L.L.C.(UKC) FOR DISSATISFACTION WITH THE SITE OR ANY
CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION
OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized
access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
Ultimate Kombat Championships, L.L.C. (UKC) reserves the right to do any
of the following, at any time, without notice: (1) to modify, suspend or
terminate operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or any portion
of the Site, and any applicable policies or terms; and (3) to interrupt
the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other
changes.
Limitation of Liability
Except where prohibited by law, in no event will Ultimate Kombat Championships, L.L.C. (UKC)
be liable to you for any indirect, consequential, exemplary, incidental
or punitive damages, including lost profits, even if Ultimate Kombat Championships, L.L.C. (UKC)
has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Ultimate Kombat Championships, L.L.C. (UKC)
is found to be liable to you for any damage or loss which arises out of
or is in any way connected with your use of the Site or any Content, Ultimate Kombat Championships, L.L.C. (UKC)’s
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of
or on the Site paid in the six months prior to the date of the initial
claim made against Ultimate Kombat Championships, L.L.C. (UKC), or (2)
US$100.00. Some jurisdictions do not allow limitations of liability, so
the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Ultimate Kombat Championships, L.L.C. (UKC),
its officers, members, directors, shareholders, predecessors, successors
in interest, employees, agents, subsidiaries and affiliates, harmless
from any demands, loss, liability, claims or expenses (including
attorneys’ fees), made against Ultimate Kombat Championships, L.L.C. (UKC)
by any third party due to or arising out of or in connection with your
use of the Site.
Violation of These Terms of Use
Ultimate Kombat Championships, L.L.C. (UKC) may disclose any information
we have about you (including your identity) if we determine that such
disclosure is necessary in connection with any investigation or
complaint regarding your use of the Site, or to identify, contact or
bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) Ultimate Kombat Championships, L.L.C. (UKC)’s
rights or property, or the rights or property of visitors to or users of
the Site, including Ultimate Kombat Championships, L.L.C. (UKC)’s
customers. Ultimate Kombat Championships, L.L.C. (UKC) reserves the
right at all times to disclose any information that Ultimate Kombat Championships, L.L.C. (UKC)
deems necessary to comply with any applicable law, regulation, legal
process or governmental request. Ultimate Kombat Championships, L.L.C. (UKC)
also may disclose your information when Ultimate Kombat Championships, L.L.C. (UKC)
determines that applicable law requires or permits such disclosure,
including exchanging information with other companies and organizations
for fraud protection purposes.
You acknowledge and agree that Ultimate Kombat Championships, L.L.C. (UKC)
may preserve any transmittal or communication by you with Ultimate Kombat Championships, L.L.C. (UKC)
through the Site or any service offered on or through the Site, and may
also disclose such data if required to do so by law or Ultimate Kombat Championships, L.L.C. (UKC)
determines that such preservation or disclosure is reasonably necessary
to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond to claims that any such data violates the rights of others, or
(4) protect the rights, property or personal safety of Ultimate Kombat Championships, L.L.C. (UKC),
its employees, users of or visitors to the Site, and the public.
You agree that Ultimate Kombat Championships, L.L.C. (UKC) may, in its
sole discretion and without prior notice, terminate your access to the
Site and/or block your future access to the Site if we determine that
you have violated these Terms of Use or other agreements or guidelines
which may be associated with your use of the Site. You also agree that
any violation by you of these Terms of Use will constitute an unlawful
and unfair business practice, and will cause irreparable harm to Ultimate Kombat Championships, L.L.C. (UKC),
for which monetary damages would be inadequate, and you consent to Ultimate Kombat Championships, L.L.C. (UKC)
obtaining any injunctive or equitable relief that Ultimate Kombat Championships, L.L.C. (UKC)
deems necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies Ultimate Kombat Championships, L.L.C. (UKC)
may have at law or in equity.
You agree that Ultimate Kombat Championships, L.L.C. (UKC) may, in its
sole discretion and without prior notice, terminate your access to the
Site, for cause, which includes (but is not limited to) (1) requests by
law enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material
modification of the Site or any service offered on or through the Site,
or (4) unexpected technical issues or problems.
If Ultimate Kombat Championships, L.L.C. (UKC) does take any legal
action against you as a result of your violation of these Terms of Use, Ultimate Kombat Championships, L.L.C. (UKC)
will be entitled to recover from you, and you agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to
any other relief granted to Ultimate Kombat Championships, L.L.C. (UKC).
You agree that Ultimate Kombat Championships, L.L.C. (UKC) will not be
liable to you or to any third party for termination of your access to
the Site as a result of any violation of these Terms of Use.
Governing Law; Jurisdiction
You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of the State
of Louisiana, USA.
This Agreement has been delivered at and shall be deemed to have been
made and entered into in New Orleans, Louisiana.
Accordingly, the rights and liabilities of the parties shall be
determined in accordance with the laws of the State of Louisiana,
without regard to its principles of conflicts of laws.
The parties agree that the exclusive jurisdiction and venue for the
resolution of any dispute arising from or relating to this Agreement
shall lie in the State of Louisiana.
Each party irrevocably consents to the service of process in any such
dispute if served in accordance with the notice provisions contained
herein.
Void Where Prohibited
Ultimate Kombat Championships, L.L.C. (UKC) administers and operates the
www.ukcmma.com Site from its location in New Orleans, Louisiana, USA;
other Ultimate Kombat Championships, L.L.C. (UKC) sites may be
administered and operated from various locations outside the United
States. Although the Site is accessible worldwide, not all features,
products or services discussed, referenced, provided or offered through
or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside the United
States. Ultimate Kombat Championships, L.L.C. (UKC) reserves the right
to limit, in its sole discretion, the provision and quantity of any
feature, product or service to any person or geographic area. Any offer
for any feature, product or service made on the Site is void where
prohibited. If you choose to access the Site from outside the United
States, you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use, so that these Terms of Use shall remain in
full force and effect. These Terms of Use constitute the entire
agreement between you and Ultimate Kombat Championships, L.L.C. (UKC)
with regard to your use of the Site, and any and all other written or
oral agreements or understandings previously existing between you and Ultimate Kombat Championships, L.L.C. (UKC)
with respect to such use are hereby superseded and cancelled. Ultimate Kombat Championships, L.L.C. (UKC)
will not accept any counter-offers to these Terms of Use, and all such
offers are hereby categorically rejected. Ultimate Kombat Championships, L.L.C. (UKC)’s
failure to insist on or enforce strict performance of these Terms of Use
shall not be construed as a waiver by Ultimate Kombat Championships, L.L.C. (UKC)
of any provision or any right it has to enforce these Terms of Use, nor
shall any course of conduct between Ultimate Kombat Championships, L.L.C. (UKC)
and you or any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties.
Ultimate Kombat Championships, L.L.C. (UKC) provides access to Ultimate Kombat Championships, L.L.C. (UKC)
international data and, therefore, may contain references or cross
references to Ultimate Kombat Championships, L.L.C. (UKC) products,
programs and services that are not announced in your country. Such
reference does not imply that Ultimate Kombat Championships, L.L.C. (UKC)
in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential. Ultimate Kombat Championships, L.L.C. (UKC) shall be
free to use such information on an unrestricted basis.
The information contained in this web site is subject to change
without notice.
Copyright © 2007 Ultimate Kombat Championships, L.L.C. (UKC).
All rights reserved.
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