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1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Cockfightlive.com domain name, the "Cockfightlive Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2)Cockfightlive's privacy notice, found at http://www.Cockfightlive.com/en/privacy.php and incorporated here by reference. If you do not agree to any of these terms, the Cockfightlive privacy notices, or the Community Guidelines, please do not use the Cockfightlive Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Cockfightlive may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Cockfightlive Website
A. These Terms of Service apply to all users of the Cockfightlive Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Cockfightlive Website includes all aspects of Cockfightlive, including but not limited to Cockfightlive channels, and the Cockfightlive "Embeddable Player".
B. The Cockfightlive Website may contain links to third party websites that are not owned or controlled by Cockfightlive. Cockfightlive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cockfightlive will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Cockfightlive from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Cockfightlive Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Cockfightlive Accounts
A. In order to access some features of the Website, you will have to create a Cockfightlive account. You may never use another'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 Cockfightlive immediately of any breach of security or unauthorized use of your account.
B. Although Cockfightlive will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cockfightlive or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
Cockfightlive hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Cockfightlive's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Cockfightlive's Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Cockfightlive Content through any technology or means other than the video playback pages of the Website itself, the Cockfightlive Embeddable Player, or other explicitly authorized means Cockfightlive may designate.
D. You agree not to use the Website, including the Cockfightlive Embeddable Player for any commercial use, without the prior written authorization of Cockfightlive. Prohibited commercial uses include any of the following actions taken without Cockfightlive's express approval:
- sale of access to the Website or its related services (such as the Embeddable Player) on another website;
- use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Cockfightlive website or any third-party website, targeted to the content of specific User Submissions or Cockfightlive content;
- and any use of the Website or its related services (such as the Embeddable player) that Cockfightlive finds, in its sole discretion, to use Cockfightlive's resources or User Submissions with the effect of competing with or displacing the market for Cockfightlive, Cockfightlive content, or its User Submissions.
E. Prohibited commercial uses do not include:
- uploading an original video to Cockfightlive, or maintaining an original channel on Cockfightlive, to promote your business or artistic enterprise;
- using the Embeddable Player to show Cockfightlive videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Cockfightlive;
- any use that Cockfightlive expressly authorizes in writing.
F. If you use the Cockfightlive Embeddable Player on your website, you must include a prominent link back to the Cockfightlive website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
H. 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 Cockfightlive 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, Cockfightlive grants the operators of public search engines permission to use spiders to copy materials from the site 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. Cockfightlive 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. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
J. Cockfightlive reserves the right to discontinue any aspect of the Cockfightlive Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Cockfightlive Website.
A. The content on the Cockfightlive 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, are owned by or licensed to Cockfightlive, subject to copyright and other intellectual property rights under the law. 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 the respective owners. Cockfightlive reserves all rights not expressly granted in and to the Website and the Content.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Cockfightlive 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 User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
B. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Cockfightlive Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Cockfightlive Service or otherwise as prohibited under this Agreement.
C. You may access Cockfightlive Content and other content only as permitted under this Agreement. Cockfightlive reserves all rights not expressly granted in and to the Cockfightlive Content and the Cockfightlive Service.
D. 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 third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Cockfightlive Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Cockfightlive Website or the Content therein.
F. You understand that when using the Cockfightlive Website, you will be exposed to mature materials that are related to cockfighting. You further understand and acknowledge that you may be exposed to 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 Cockfightlive with respect thereto, and agree to indemnify and hold Cockfightlive, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Account Termination Policy
A. Cockfightlive will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Cockfightlive reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Cockfightlive may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE COCKFIGHTLIVE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COCKFIGHTLIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COCKFIGHTLIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 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 COCKFIGHTLIVE WEBSITE. COCKFIGHTLIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COCKFIGHTLIVE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COCKFIGHTLIVE 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.
8. Limitation of Liability
IN NO EVENT SHALL COCKFIGHTLIVE, 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 INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COCKFIGHTLIVE 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 COCKFIGHTLIVE SHALL NOT BE LIABLE FOR ANY 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 Cockfightlive from its facilities in the Philippines. Cockfightlive makes no representations that the Cockfightlive Website is appropriate or available for use in other locations. Those who access or use the Cockfightlive Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless Cockfightlive, its parent corporation, officers, directors, employees 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: (i) your use of and access to the Cockfightlive Website; (ii) your violation of any term of these Terms of Service; (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 User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Cockfightlive Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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. In any case, you affirm that you are over the age of 21, as the Cockfightlive Website is not intended for viewers under 21. If you are under 21 years of age, then please do not use the Cockfightlive Website. There are lots of other great web sites for you.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cockfightlive without restriction. |
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