Terms of Service

Revision date: May 31, 2019

Introduction

Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Spark Wrestling, including information, text, images, graphics, data or other materials ("Content") and products and services provided through https://www.sparkwrestling.com as well as all elements, software, programs and code forming or incorporated in to www.sparkwrestling.com (the "Service"). This Service is operated by Spark Wrestling, Inc. ("Spark Wrestling"). Spark Wrestling is also referred to in these Terms as "we", "our", and "us".

By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Spark Wrestling website (the "Site"). If you choose to register as a member of our Service or purchase products from the Spark Wrestling Shop, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").

Section I: General Terms

  1. Availability

    This Service is provided by Spark Wrestling on an "AS IS" and "AS AVAILABLE" basis and Spark Wrestling reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Spark Wrestling is and will not be liable to you for any modification, suspension or discontinuance of the Service.

  2. Privacy

    Spark Wrestling has a firm commitment to safeguarding your privacy. Please review Spark Wrestling's Privacy Policy. The terms of Spark Wrestling's privacy policy are incorporated into, and form a part of, these Terms.

  3. Trademarks

    All brand, product and service names used in this Service which identify Spark Wrestling or third parties and their products and services are proprietary marks of Spark Wrestling and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Spark Wrestling or any third party with respect to any such image, logo or name.

  4. External Links

    Spark Wrestling may provide links to third-party websites or resources. You acknowledge and agree that Spark Wrestling is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Spark Wrestling of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  5. Third Party Software

    As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Spark Wrestling be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

  6. Conduct

    You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Spark Wrestling that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Spark Wrestling does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Spark Wrestling, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

  7. Disclaimer of Warranty and Limitation of Liability

    Spark Wrestling MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Spark Wrestling DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Spark Wrestling MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT Spark Wrestling IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, Spark Wrestling SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF Spark Wrestling HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Spark Wrestling'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Spark Wrestling PURSUANT TO THIS AGREEMENT.

  8. Amendment of the Terms

    We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Spark Wrestling for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

  9. General

    These Terms constitute the entire agreement between Spark Wrestling and you with respect to your use of the Service. Spark Wrestling's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Spark Wrestling shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Spark Wrestling. These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Pennsylvania.

  10. Comments

    If you have any comments or questions about the Service please contact us by email at [email protected].

Section II: Additional Terms

  1. Registration

    To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

  2. Password

    When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Spark Wrestling of any unauthorized use of your password.

  3. Submitting Content

    Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Spark Wrestling website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Spark Wrestling website, subject to your compliance with the Terms.

  4. Copyright in Your Content

    Spark Wrestling does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Spark Wrestling a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Spark Wrestling any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

  5. Monitoring Content

    Spark Wrestling has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

  6. Storage Policy

    At this time, Spark Wrestling provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Spark Wrestling may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Spark Wrestling's servers. Furthermore, you acknowledge that Spark Wrestling reserves the right to terminate or suspend accounts that are inactive, in Spark Wrestling's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Spark Wrestling shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Spark Wrestling reserves the right to modify its storage policies from time to time, with or without notice to you.

  7. Conduct

    You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

  8. You agree not to use the Service:

    • for any unlawful purposes;

    • to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

    • to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Spark Wrestling or to facilitate the unlawful distribution of copyrighted content or illegal content;

    • to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

    • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    • to upload, post, or otherwise transmit any material which is likely to cause harm to Spark Wrestling or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

    • for any commercial purpose, except as expressly permitted under these Terms;

    • to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Spark Wrestling by hyperlink and not to compete with Spark Wrestling.

  9. Suspension and Termination of Access and Membership

    You agree that Spark Wrestling may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Spark Wrestling Site, in Spark Wrestling's sole discretion, if you fail to comply with the Terms or applicable law.