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A. Welcome to the Terms of Use agreement for worldwidechamp.com, (“the website”), a website owned by Sansei, Inc., d/b/a World Wide Champ, (“World Wide Champ”) a New York (U.S.A) corporation. By using and/or visiting this website (collectively, including all content and functionality available through the worldwidechamp.com domain name, the World Wide Champ website, or simply, the website), you signify your agreement to: (1) these terms and conditions (the "Terms of Use"), If you do not agree to any of these terms, the World Wide Champ Privacy Notice, the Rules of Competition, or the Judges Agreement, as they are and as they may be amended from time to time, please do not use the World Wide Champ website. B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version located at http://www.worldwidechamp.com/terms_of_use.htm. World Wide Champ may, in its sole discretion, modify or revise its Terms of Use and policies at any time, and your use of the website after such time signifies your acceptance to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These terms of use of Service apply to all users of the World Wide Champ website, including users who do not register with the website (“spectators”), users who register as competitors (either to compete individually or in partnership with another user, as well as users who register as the parent or legal guardian of a child who wishes to compete), users who register as judges, and users who register for a combination of the above purposes. B. The World Wide Champ website may contain links to third party websites that are not owned or controlled by World Wide Champ. World Wide Champ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, World Wide Champ will not and cannot censor or edit the content of any third-party website. By using the website, you expressly relieve World Wide Champ from any and all liability arising from your use of any third-party website. C. We encourage you to be aware when you leave the World Wide Champ website and to read the terms and conditions and privacy policy of other websites that you visit. A. In order to access some features of the Website, you will have to create a World Wide Champ account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify World Wide Champ immediately of any breach of security or unauthorized use of your account. There are different types of World Wide Champ users, defined here: 1. SPECTATORS: Users who do not register for an account, or registered users who use World Wide Champ without logging in. 2. COMPETITORS: Users who register in order to compete individually or in partnership with another registered user. 3. PARENTS: users who create and manage a COMPETITOR account on behalf of their under 13 year old child. 4. JUDGES: Individuals who are authorized by World Wide Champ to be judges. These users register and affirm that they are 18 years of age or older and have credentials that qualify them as an expert in a particular sport. Judges must supply more detailed information about themselves including their credentials, and the Website must authorize (approve) them to be judges. Judges will be authorized and assigned events to judge at the sole discretion of World Wide Champ. Judges must also agree to the World Wide Champ Judges Agreement, found at http://www.worldwidechamp.com/judges_agreement.htm and incorporated here by reference. 5. TEAM OWNERS: Registered users that own or are authorized to act on behalf of the ownership of a team. Teams can represent artificial entities or legal business entities such as an established school, team, etc. You cannot misrepresent yourself as the owner of a team when you are not, in fact, the real owner, or are not, in fact, authorized to act on behalf of the owner. 6. ORGANIZATION OWNERS: Registered users that own or are authorized to act on behalf of the ownership of an organization. Organizations represent one or more teams that are affiliated with the organization. Organizations can be artificial entities or legal business entities such as a network of established schools, teams, etc. You cannot misrepresent yourself as the owner of an organization when you are not, in fact, the real owner, or are not, in fact, authorized to act on behalf of the owner. It is against our terms of use to join a team that you are not really a part of, or for a team to join an organization that they don't belong to. If you do so, you may be removed from that team or organization or, in certain circumstances, your account may be terminated. Users may register as or act in the capacity of more than one of the types of users defined above, even within a single session of using World Wide Champ. B. Although World Wide Champ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of World Wide Champ or others due to such unauthorized use. 4. General Use of the Website -- Permissions and Restrictions A. World Wide Champ hereby grants you permission to access and use the website as set forth in these Terms of Use, provided that: C. Your activities on the website shall not: (1) be false, inaccurate or misleading; (2) be fraudulent; (3) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain sexual content; (7) be excessively or gratuitously violent; (8) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with our website; and (9) appear, within our sole and independent discretion, to create liability for us or possibly cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not consummate any transaction that was initiated using our website that could cause us to violate any applicable law, statute, ordinance or regulation. D. If you use the World Wide Champ electronic trophy on your website, blog, or social networking pages, you may not modify, build upon, or block any portion of the trophy or its embedded hyperlink to the World Wide Champ website in any way. E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website in a manner that sends more request messages to the World Wide Champ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, World Wide Champ grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. World Wide Champ reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website (e.g., judge's feedback) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions. F. You will otherwise comply with the terms and conditions of these Terms of Use, World Wide Champ Rules of Competition, and all applicable local, national, and international laws and regulations. G. World Wide Champ reserves the right to discontinue all or any aspect of the World Wide Champ website at any time. 5. Your Use of Content on the Website In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the World Wide Champ website. B. You may access User Submissions solely:
D. You may access World Wide Champ Content, User Submissions and other content only as permitted under this Agreement. World Wide Champ reserves all rights not expressly granted in and to the World Wide Champ Content and the World Wide Champ Service. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the World Wide Champ website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the World Wide Champ website or the Content therein. G. You understand that when using the World Wide Champ website, you will be exposed to User Submissions from a variety of sources, and that World Wide Champ is not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against World Wide Champ with respect thereto, and agree to indemnify and hold World Wide Champ, its Owners/Operators, affiliates, agents, employees, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website. 6. Your User Submissions and Conduct A. As a World Wide Champ user, you may submit content such as ("User Videos" or "User Submissions"). You understand that whether or not such User Submissions are published, World Wide Champ does not guarantee any confidentiality with respect to any User Submissions. B. You shall 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 World Wide Champ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use. C. Disclaimer: You acknowledge that you understand that physical activity and competitive sports involves the risk of personal injury. Any performances or other physical activities performed by you in preparation for or in the filming of videos which you intend to or do eventually submit to the website is done under your own free will. Any injuries or damages you might sustain or cause are your own responsibility. World Wide Champ recommends that you consult a doctor before engaging in physical activity. D. For the avoidance of doubt, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to World Wide Champ, you hereby grant World Wide Champ a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the World Wide Champ website and World Wide Champ's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the World Wide Champ website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the World Wide Champ website a 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 these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the World Wide Champ Service. You understand and agree, however, that World Wide Champ may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. E. In connection with User Submissions, you further agree that you will not submit 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 to post the material and to grant World Wide Champ all of the license rights granted herein. F. You agree that your conduct on the website will comport with the World Wide Champ Rules of Competition, found at http://www.worldwidechamp.com/rulesofcompetition.htm, which may be updated from time to time. G. World Wide Champ does not endorse any User Submission, Judge's Score, or Judges Comments, Judges Feedback, and World Wide Champ expressly disclaims any and all liability in connection with User Videos and other User Submissions. World Wide Champ does not permit copyright infringing activities and infringement of intellectual property rights on its website, and World Wide Champ will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. World Wide Champ reserves the right to remove Content and User Submissions without prior notice. Deleted videos will result in the loss of associated points accrued towards a user's ranking. A. World Wide Champ may terminate a User's access to its website at any time and for any reason including if they are determined to be a repeat infringer. B. World Wide Champ reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, excessive or gratuitous violence, or excessive length. World Wide Champ may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. 8. Digital Millenium Copyright Act A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. World Wide Champ's designated Copyright Agent to receive notifications of claimed infringement is: S. Keith Rosenthal For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to World Wide Champ customer service by sending an email to info@worldwidechamp.com. You acknowledge that if you fail to comply with all of the requirements of this user agreement, your DMCA notice may not be valid. B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, World Wide Champ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at World Wide Champ's sole discretion. YOU AGREE THAT YOUR USE OF THE WORLD WIDE CHAMP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WORLD WIDE CHAMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WORLD WIDE CHAMP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WORLD WIDE CHAMP WEBSITE. WORLD WIDE CHAMP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WORLD WIDE CHAMP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WORLD WIDE CHAMP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WORLD WIDE CHAMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WORLD WIDE CHAMP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WORLD WIDE CHAMP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The website is controlled and offered by World Wide Champ from its facilities in the United States of America. World Wide Champ makes no representations that the World Wide Champ website is appropriate or available for use in other locations. Those who access or use the World Wide Champ website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree to defend, indemnify and hold harmless World Wide Champ, its parent corporation, officers, directors, employees, contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the World Wide Champ website; (2) your violation of any term of these Terms of Use; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the World Wide Champ website. 12. Ability to Accept Terms of Use You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent for a child under the age of 18 who is registering to compete or view the Website, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Children under the age of 13 are not permitted to open or maintain an account on the Site, regardless of legal parental or guardian consent. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by World Wide Champ without restriction. You agree that: (1) the World Wide Champ website shall be deemed solely based in New York; and (2) the World Wide Champ website shall be deemed a passive website that does not give rise to personal jurisdiction over World Wide Champ, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed exclusively by the internal substantive laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and World Wide Champ that arises in whole or in part from the World Wide Champ website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Use, together with the Privacy Notice at http://www.worldwidechamp.com/privacy.htm, and any other legal notices published by World Wide Champ on the website, shall constitute the entire agreement between you and World Wide Champ concerning the World Wide Champ website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use or of the other legal documents on the website, all of which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and World Wide Champ's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. World Wide Champ reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the World Wide Champ website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND WORLD WIDE CHAMP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WORLD WIDE CHAMP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Except as explicitly stated otherwise, all notices to World Wide Champ shall be given by overnight and postal mail to World Wide Champ (in the case of World Wide Champ) or to the email address you provided to World Wide Champ during the registration process if you have registered with us and provided an email address (in your case). Notice shall be deemed given 24 hours after email is sent to the member based upon the email address contained in your registration records, whether or not the email address is valid. Accepting this agreement on the World Wide Champ website signifies acceptance of all terms of this agreement. |