All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.
C. License to Access.
D. Rules of Conduct.
- You will only use the Website for your personal, noncommercial use.
- You shall not copy or distribute any part of the Website in any medium without Gladiator's prior written authorization.
- You shall not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You shall provide accurate and complete information when creating your Account.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Gladiator's prior written approval or in any way that transmits more request messages to the Gladiator servers, or any server of a Gladiator subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Gladiator reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not take any action that (a) unreasonably encumbers or, in Gladiator’s sole discretion, may unreasonably encumber the Website's infrastructure; (b) interferes or attempts to interfere with the proper working of the Website or any third party participation in the Website; or (c) bypasses Gladiator’s measures that are used to prevent or restrict access to the Website.
- You shall not solicit, for commercial purposes, any users of the Website with respect to their Contributions.
- You shall not collect or harvest any data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
- The Website is not intended for children under the age of 13. We recommend that no one under 13 years of age use the Website without their parents or guardians permission and supervision.
E. Account Policies.
You will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Gladiator immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission of the Account holder. You hereby acknowledge and agree that Gladiator will not be liable for your losses caused by any unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of Gladiator or others due to such unauthorized use.
F. Participation in Gladiator Rock'n Run™
From time to time you may be permitted to post comments on the Website Any comments you submit shall not contain any falsehoods or misrepresentations that could damage Gladiator or any third party.
- You will not submit comments that include statements that may be considered obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
- You will not post advertisements or solicitations of business.
- You will not impersonate another person.
Gladiator may block or remove any comments in its sole discretion. All comments, and any suggestions you may transmit to Gladiator are assigned to and become the property of Gladiator.
G. Third Party Sites
H. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Gladiator, subject to copyright and other intellectual property rights under applicable laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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. Gladiator reserves all rights.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You hereby acknowledge and agree that Gladiator, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Material on the Website ("Termination of Service"), immediately and without notice, with or without a reason.
In the event of Termination of Service your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Gladiator's system, and Gladiator retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Gladiator hereunder shall remain in effect for the foregoing purpose.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; you shall promptly destroy all copies of Gladiator data and content in your possession or control. You further acknowledge and agree that Gladiator shall not be liable to you or any third party for any termination of your access to the Website. If you paid Gladiator any money, upon Termination of Service you shall not be entitled to any refund.
You agree to defend, indemnify and hold Gladiator, and its officers, subsidiaries, affiliates, successor, assigns, directors, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of the Termination of Service.
J. Disclaimer of Warranties.
YOU AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE POSTING OR VIEWING OF VIDEO CONTRIBUTIONS, ADVERTISEMENTS, AND ANY SUBMITTED MATERIAL, SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLADIATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GLADIATOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S DATA, CONTENT, OR SUBMITTED MATERIALS, OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE
Gladiator makes no representation that any aspect of the Website is appropriate or available for use in jurisdictions outside of the United States. If you choose to access, use, and/or participate in the Website in any manner whatsoever, from locations outside of the United States, you are responsible for compliance with applicable local laws.
K. Limitations of Liability.
IN NO EVENT SHALL GLADIATOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY MATERIAL FOUND ON THE WEBSITE; (2) ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, OR SUBMITTED MATERIALS; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (6) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR SUBMITTED MATERIAL; (7) ANY FAILURE OR INABILITY TO OBTAIN ADVERTISEMENTS FOR ANY PAGE VIEWS; (8) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (9) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, OR ADVERTISEMENT OR OTHER MATERIAL 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 GLADIATOR 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 AGREE THAT THE TOTAL LIABILITY, IF ANY, OF GLADIATOR, OR ANY OF THE ABOVE RESPECTIVE PARTIES ARISING FROM OR RELATING TO THE WEBSITE AND/OR SUBMITTED MATERIALS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO GLADIATOR BY YOU HERE UNDER.
L. Force Majeure.
M. Indemnification and Release.
YOU FOREVER RELEASE GLADIATOR (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY MATERIAL POSTED OR OTHERWISE APPEARING ON THE WEBSITE.
THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE. You waive the benefit of any law providing to the effect that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
N. Choice of Law and Resolution of Disputes--Arbitration
You agree that any claim (whether in court or in arbitration) arising out of or related to the Website must be commenced within one (1) year after the claim accrues; otherwise, such cause of action is permanently barred.
Nothing in this Section shall be construed, however, to limit the right of any party to seek injunctive relief from a court of competent jurisdiction in connection with any claim that arises in whole or in part from the Website. Any claim for injunctive relief shall be brought in a court located in Los Angeles, California, and you hereby consent to the exclusive jurisdiction of and venue of the federal and state courts located in Los Angeles, California as proper for such purpose and agree not to assert any objection thereto.
YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN IN A CLASS ACTION OR TO ACT AS A PLAINTIFF IN A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.