Terms & Conditions of Use

 

The BattlefestLeague website (hereinafter referred to as the “Website”) is designed to provide you with high quality video of Dance, dance battles, dance competitions, training classes, foundational moves, information about dance, and to bring together a community of people that are interested in maintaining or improving their style and are interested in dance and in general. Except where specifically advertised for teens and children, this Website is not directed to persons under eighteen (18) years of age.

The Website is owned by BattlefestLeague (“BattlefestLeague”). These Terms & Conditions of Use apply to all of the products, services and websites offered by BattlefestLeague, the mobile versions thereof, any BattlefestLeague software that you have embedded on a web site or are about to embed (“BattlefestLeague Widgets”), and any applications created by BattlefestLeague (“BattlefestLeague Apps”) whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any BattlefestLeague Apps on a social networking site does not indicate any relationship or affiliation between BattlefestLeague and such social networking site.

 

BY USING BATTLEFESTLEAGUE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

 

OVERVIEW

 

The terms “we,” “us,” and “our” refer to BattleFestLeague LLC. The term the “Site” refers to battlefestleague.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

 

1. Acceptance of Terms

 

The Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

 

2. General Registration Requirements

 

If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BattleFestLeague reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and use of our Website is void where prohibited.

 

Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BattleFestLeague.BattleFestLeague reserves all rights not expressly granted in and to the Website and the Content.

You may access Website and Content as available:

  • for your information and personal use;
  • as intended through the normal functionality of the BattleFestLeague Service; and
  • for Streaming, “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the BattleFestLeague Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Website Videos for any purpose or in any manner other than Streaming is expressly prohibited.

 

3. Health Disclaimer

 

Physical exercise, in all of its forms, including but not limited to dance of any kind, cardiovascular exercises of any kind, walking, stretching, running, and with or without the use of equipment such as  weights or any other equipment that may be suggested by a BattleFestLeague instructor, is a strenuous physical exercise and poses the risk of injury or physical or mental exhaustion. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise, regimen, routine, and/or program and use any suggested apparatus, shown in any of the video clips on the Website. BattleFestLeague is not a medical organization and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and or comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing BattleFestLeague videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.

By using our site you represent that you understand that the practice of physical exercise involves strenuous physical movement and that such practice carries the risk of injury whether physical or mental.  You understand that it is your responsibility to judge your physical and mental capabilities for practicing physical exercise.  It is your responsibility to ensure that by participating in classes and activities from BattleFestLeague, you will not exceed your limits in the practice of physical exercise, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.  You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against BattleFestLeague, or any person or entity involved with BattleFestLeague, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

 

4. Minors

 

BattleFestLeague content is not directed to persons under eighteen years (18) of age, and by providing information about yourself toBattleFestLeague you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen years (18) of age and would like to become a registered member of or provide information about yourself to the BattleFestLeague Website, you are required to have your parent or legal guardian contact BattleFestLeague at battlefestleague@gmail.com prior to use and BattleFestLeague points your attention to the section titled Privacy Policy Regarding Children Specifically.

 

5. Member Account, Password and Security

 

If you register on one of our Websites, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BattleFestLeague of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use Member’s account without prior authorization from BattleFestLeague. BattleFestLeague will not be liable for any loss or damage arising from your failure to comply with this Agreement.

 

6. Prohibited Conduct

 

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • solicits personal information from anyone under the age of eighteen (18);
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities Including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
  • Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.

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 Athleticulture 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.

 

7. Responsibility for Content

 

You, and not BattleFestLeague, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service.BattleFestLeague does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will BattleFestLeague be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

8. Rejection/Removal of Content

 

You acknowledge that BattleFestLeague may or may not pre-screen Content posted on our Website, that BattleFestLeague is not responsible for behavior or comments of teachers and/or students and/or music presented in Website video Content, but that BattleFestLeague shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, BattleFestLeague shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of BattleFestLeague, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact BattleFestLeague.

 

9. Preservation/Disclosure

 

You acknowledge, consent and agree that BattleFestLeague may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BattleFestLeague, its Members and the public. Under no other circumstances will BattleFestLeague intentionally disclose your account information to any third party.

 

10. Security Components

 

You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BattleFestLeague and/or content providers who provide content to BattleFestLeague. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.

 

11. Proprietary Rights

 

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, master recordings, compositions, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by BattleFestLeague or by 3rd parties that have licensed or otherwise provided their material to BattleFestLeague. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without BattleFestLeague’s prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

 

12. Non-commercial Use

 

The Service may not be used in connection with any commercial purposes, except as specifically approved by BattleFestLeague. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of member privileges.

 

13. License to Your Content

 

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through our Website or the Service, you hereby grant to BattleFestLeague a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but BattleFestLeague  has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Not withstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on BattleFestLeague’s servers after the Content appears to have been removed from our Website, and BattleFestLeague retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the Posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

14. BattleFestLeague and Third Party Content

 

Our Website contains Content of BattleFestLeague, and Content of third party licensors to BattleFestLeague (including content provided by users of our Website, as described above and master recordings and compositions), which is protected by copyright, trademark, patent, trade secret and other laws. BattleFestLeague owns and retains all rights, title and interest in the BattleFestLeague Content. BattleFestLeague hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the BattleFestLeague Content and any third party Content located on or available through our Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.

 

15. Other Sites

 

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. BattleFestLeague does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of our Website does not imply BattleFestLeague’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

 

16. International Use

 

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

17. Privacy Policy

 

BattleFestLeague respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

 

18. Copyright Policy

 

The Content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BattleFestLeague, subject to copyright and other intellectual property rights under the law.

BattleFestLeague has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. BattleFestLeague reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of BattleFestLeague or of a third party, or otherwise violated any intellectual property laws or regulations. BattleFestLeague’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want BattleFestLeague to delete, edit, or disable the material in question, you must provide BattleFestLeague with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 BattleFestLeague to locate the material; (d) information reasonably sufficient to permit BattleFestLeague to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to BattleFestLeague either by e-mail, or by U.S. mail to our designated agent for notification of infringement.

 

19. Member Disputes

 

You are solely responsible for your interactions with other Members. BattleFestLeague reserves the right, but has no obligation, to monitor or litigate disputes between you and other Members.

 

20. Term and Termination

 

This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your account at any time, for any reason, by following the instructions on the Website. BattleFestLeague reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if BattleFestLeague believes that you have breached any of the terms of this Agreement, furnished BattleFestLeague with false or misleading information, or interfered with use of the Website or the Service by others.

 

21. Member Access

 

a. No Sharing

Members of BattleFestLeague may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by BattleFestLeague as fraudulent use of the Website, which will result in the immediate cancellation of account without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.

b. Fraudulent Use

BattleFestLeague reserves the right to cancel any account it believes has been compromised, or is being used fraudulently, at our own discretion.

c. Free Trial

Members may only use a promotional 10 day free trial period once. To access the free trial Members will be required to register with the Website. After the free trial period expires Members must subscribe to the Website. BattleFestLeague reserves the right to terminate any account that is using or trying to use more than 1 free trial period. If account is terminated due to a violation of this Agreement, BattleFestLeague will not reimburse Member for the remainder of paid month. Nor will reimbursements be made for account cancellations prior to monthly renewal date.

d. Billing

Accounts are billed monthly, or annually. All accounts are renewed automatically until cancelled. Members may cancel their accounts at any time. Accounts must be canceled prior to the renewal date in order to end account charges. One-year accounts are billed yearly. All accounts are renewed automatically until canceled. At times, special prepaid packages will be available for purchase. Special prepaid packages will be recurring and will renew automatically on the expiry date. Accounts must be canceled prior to the renewal date in order to end account charges.

e. Gift Certificates

Gift certificates will expire 12 months following the email delivery date unless otherwise stated on the gift certificate or by other notification. Gift certificates can not be redeemed for cash value.

Subscription fees and gift certificates are charged in USD currency. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.

f. Returns and Refunds

Viewing video and audio material on the site requires broadband access. Please review the system requirements to ensure that membership practices can be accessed before purchase.

Full refunds for monthly and annual subscriptions and gift certificate purchases can be provided only within 30 days of purchase. No refunds will be made after 30 days of subscription or gift certificate purchases. To request a refund fill out the Contact Us form with your email and type REFUND in the space. You must also include the last 4 digits of the credit card that was used at time of purchase. Allow 4-6 weeks for credit to appear on your statement.

22. Disclaimer of Warranties

 

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BattleFestLeague, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BattleFestLeague MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES 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 WEBSITE.

BattleFestLeague DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BattleFestLeague 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.

 

23. Limitation on Liability

 

IN NO EVENT SHALL BattleFestLeague, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 OCCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 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 BattleFestLeague SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS 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.

 

24. Exclusions and Limitations

 

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

 

25. Indemnity

 

You agree to defend, indemnify and hold harmless BattleFestLeague, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives 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 and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

 

26. Additional Terms

 

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online stores located on our various Websites. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such additional terms.

 

27. Modification and Discontinuation

 

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

 

28. Assignment

 

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BattleFestLeague without restriction.

 

29. Integration Clause

 

This Agreement together with the Privacy Policy and any other legal notices published by BattleFestLeague on the Website, shall constitute the entire agreement between you and BattleFestLeague concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and BattleFestLeague with respect to the Website and Service.

 

30. Waiver and Sever-ability of Terms

 

The failure of BattleFestLeague to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

 

31. Statute of Limitations

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

32. Governing Law and Venue

 

This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and BattleFestLeague that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Kings County, New York.

You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the BattleFestLeague Website shall be deemed a passive website that does not give rise to personal jurisdiction over BattleFestLeague, either specific or general, in jurisdictions other than New York.

 

33. Ability to Accept Terms of Service

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

34. General

 

BattleFestLeague reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

 

35. BattleFestLeaguePrivacy Policy Regarding Children Specifically

 

BattleFestLeague does have some material that can be intended for children and teens under the age of 18.  If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use.  BY REGISTERING AS A USER OR VISITING THE WEBSITE, YOU REPRESENT TO BattleFestLeague THAT YOU WILL USE THE WEBSITE ONLY IN CONJUNCTION WITH, AND UNDER THE SUPERVISION OF, YOUR PARENT OR GUARDIAN WHO HAS AGREED TO THE TERMS OF USE. If you do not meet the requirements above you may not use the Website. You represent that the information that you provide about yourself (including your age) as requested in any account information is accurate and complete.

BattleFestLeague is very sensitive to privacy issues regarding children and complies with Children’s Online Privacy Protection Act. The BattleFestLeague Web site offers many features that do not require a child to provide any personal information. BattleFestLeague collects only limited personal information from children under the age of 13 (such as their e-mail addresses) to respond to their online requests, or for the purpose of billing through parents, for example. The information is promptly deleted from our system once the communication with the child has taken place. BattleFestLeague will not collect more detailed information from a child under the age of 13, such as a street address or telephone number, without the express consent of a parent or legal guardian. At times we may ask a child to provide an e-mail address of a parent or legal guardian so we can notify the parent of the child’s participation in certain BattleFestLeague  features, or to seek parental consent for the child to provide personal information to BattleFestLeague.

Personal information collected from children with parental consent is used solely by BattleFestLeague or other entities that provide technical or other services to BattleFestLeague. For example, such entities may provide services, such as updating our Web site. Personal information collected from children with parental consent is not shared with, sold, or transferred to third parties other than those entities.

BattleFestLeague may offer features or programs that will require parents to provide credit card information as a method of verification of parental consent when children provide personal identifying information, or participate in such features or programs.

BattleFestLeague will not condition a child’s participation in an activity or site feature on the child’s disclosure of more personal information than is reasonably necessary to participate in an online activity.

Parents or guardians of children under the age of 13 who provide personal information to BattleFestLeague can correct, update and delete personal information from our database at any time by sending an e-mail to BattlefestLeague@gmail.com or by visiting the Web site and editing your account in the “my Account” sections of the site.

Note to Parents
Please note that, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at web sites such as Consumer Search: http://www.consumersearch.com/www/software/parental-control-software/review.html..

For more information please see the Childrens Online Protection Privacy Act and/or visit: http://onguardonline.gov/articles/0031-kids-privacy.

 

 

Updated: February 2017.