Web Site Terms and Conditions of Use
By accessing this Site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Wrestlehawk.com. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
2. This Site is a Venue and We are Not a Party to any Transaction Between Users on this Site
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing event or registering for an event. We do not operate or manage, nor do we contract for, any events listed on the Site. Wrestlehawk.com and other Sites act as a venue to allow directors and coaches who advertise on the Site (each, a "member") to offer for registration in a variety of pricing formats, a specific athletic event to potential athletes (each are "users"). On some Sites, we may also offer online booking or other tools or services to allow users to communicate with each other and enter into other agreements or transactions.
Even if the Site allows you to offer or register for an event on the Site, we are not a party to any agreement between users.
As a result, any part of an actual or potential transaction between an user and a member, including the quality, condition, safety or legality of the events advertised, the truth or accuracy of the listings (including the content thereof or any event or guest book review), the ability of members to offer the event or the ability of travelers to pay for the past due amount are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to participating in the event and may place additional restrictions on your product or service.
Responsibility for applicable laws, rules and regulations : Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their event and the conduct of their business, including but not limited to taxes, permit or license requirements, safety compliance and compliance with all anti-discrimination and other laws, as applicable. Please be aware that, even though we are not a party to any event transaction and assume no liability for legal compliance pertaining to events listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Travel Advisories: Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
The materials on Wrestlehawk.com's web site are provided "as is". Wrestlehawk.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Wrestlehawk.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Wrestlehawk.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Wrestlehawk.com's Internet site, even if Wrestlehawk.com or a Wrestlehawk.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Wrestlehawk.com's web site could include technical, typographical, or photographic errors. Wrestlehawk.com does not warrant that any of the materials on its web site are accurate, complete, or current. Wrestlehawk.com may make changes to the materials contained on its web site at any time without notice. Wrestlehawk.com does not, however, make any commitment to update the materials.
Wrestlehawk.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Wrestlehawk.com of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Wrestlehawk.com's web site shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions.
9. Limited License to Use the Site
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising an athletic event, searching for an event, registering or researching (for the purpose of inquiring about registering) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
10. Unauthorized Uses
The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or athletic event advertisements, or any subset of the same or which is in the business of providing athletic event services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
- Any commercial use (other than by registered members in good standing (a "valid subscription") or by members pursuant to a valid license to software offered on a Site (a "valid license")) of the Site or any content on the Site.
- Any use of the Site or the tools and services on the Site for the purpose of registering or soliciting an event other than events listed under a valid registration;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep-link to any portion of the Site without our express written permission;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
- Use the Site and its inquiry functionality other than to advertise and/or research athletic events, to make legitimate inquiries to our members or any other use expressly authorized on the Site;
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any registration or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us.
11. E-mail and Third-Parties
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
12. User Verification
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each user's purported identity. We encourage you to communicate directly with a user or member through the tools available on the Site though even this does not assure you of the identity of the person with which you are communicating.
You agree to:
- keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts
- instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person
- notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person
- notify us immediately if you are contacted by anyone requesting your online ID and password.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Each user acknowledges and agrees that:
- Neither Wrestlehawk nor any of its affiliates will have any liability to any user for any unauthorized transaction made using any user's password
- The unauthorized use of your online ID and password for your Wrestlehawk account or your email account could cause you to incur liability to both Wrestlehawk and other users
- Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
13. Communication Limitations
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. (such as inquiring about or registering on-line or making further payment) Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has registered for an event from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
14. Event Listings, Feedback, Ratings, and Other User Contributed Content
We have no duty to pre-screen content posted on the Site by members, travelers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, event listings, reviews of events, participation in an interactive community, forum or blog (each an "Interactive Forum") or any other content provided by a user to the Site), (collectively, "user contributed content"). We are not responsible for user contributed content. "User contributed content" also includes information that a user provided to a third party website which is then provided to our Site by a tool we offer.
We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent. Finally, we reserve the right (but do not assume the obligation) to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
At a minimum, user contributed content must:
- not infringe anyone’s rights, violate the law or otherwise be inappropriate;
- not include personal information that can be used to identify or contact any person;
- not include promotional content that would promote other websites, businesses, services or products unaffiliated with this Site without our express permission;
- not be obscene, abusive, discriminatory or illegal content; or
- not be false or misleading.
Event Listings: All event listings on the Site are the sole responsibility of the member (who may be the director or a coach or duly authorized agent of the event) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, event reviews, registration entries, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their event information up-to-date on the Site, including, but not limited to any and all representations about any event, its details, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, event reviews, registration entries, event location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective users have searched for specific special offers, dates, or types of events. We may from time to time provide or facilitate services to Members to create or improve the quality of their event listings. However, we assume no responsibility to verify event listings. Members are solely responsible for ensuring the accuracy of any event descriptions, and users are solely responsible for verifying the accuracy of such descriptions.
Responsibility for All Other User Contributed Content : All other user contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content.
The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
License and Rights Granted to Us: By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s event listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.
15. User Use of Social and Other Third Party Websites
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a " Social Media Site ") and you decide to use such a tool or service, you acknowledge and agree that:
- The information or content that are a part of your Social Media Site profile, which you have designated as "public" (or a similar designation) (with such information or content and referred to herein as "Social Media Content") may be accessed and used by us in connection with the Site
- The Social Media Content will be considered "user generated content" under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms
- In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse
16. Maps and Video
Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: https://www.google.com/intl/en_us/help/terms_maps.html
Video provided on the Site that are provided by Youtube are subject to the Youtube terms and conditions located at: https://www.youtube.com/t/terms
17. DMCA Policy
We respect the intellectual property rights of others, and Wrestlehawk does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. Wrestlehawk will terminate, in appropriate circumstances, a director or user who is the source of repeat infringements of copyright.
General Terms and Conditions applicable to Use of a Web Site.