Monday, 19 September 2005 13:40
This site is owned or managed by Figure Four Weekly Online, LLC (“Figure Four Weekly Online”) and is part of the Figure Four Weekly Online family of website, which includes Buddywayne.net, and Dragon King Wrestling Online (each a “Figure Four Weekly Online Website,” and collectively the “Figure Four Weekly Online Websites”).
Certain products or services offered by this and/or other Figure Four Weekly Online Websites (each a “Figure Four Weekly Online Internet Service,” and collectively “Figure Four Weekly Online Internet Services”), and certain areas within this and/or other Figure Four Weekly Online Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Figure Four Weekly Online Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY FIGURE FOUR WEEKLY ONLINE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY FIGURE FOUR WEEKLY ONLINE WEBSITE MAY BE TERMINATED IMMEDIATELY AT FIGURE FOUR WEEKLY ONLINE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some parts of F4Wonline.com may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Figure Four Weekly Online Website content.
Changes to this Agreement
Figure Four Weekly Online reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Figure Four Weekly Online will provide notice of such change on F4Wonline.com. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Figure Four Weekly Online Website and/or Figure Four Weekly Online Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of F4Wonline.com and/or the Figure Four Weekly Online Internet Service to which the changes may apply.
Accounts, Security, Passwords
If a particular Figure Four Weekly Online Website or Figure Four Weekly Online Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Figure Four Weekly Online immediately of any unauthorized use of your account. Figure Four Weekly Online is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Figure Four Weekly Online Internet Service.
Except where otherwise provided, access to and use of F4Wonline.com and the Figure Four Weekly Online Internet Services offered through this site are currently available without charge. Figure Four Weekly Online reserves the right to charge a fee for access to or use of F4Wonline.com, or any Figure Four Weekly Online Internet Service available on F4Wonline.com at any time in the future. Your access to or use of F4Wonline.com before such time does not entitle you to use of F4Wonline.com without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH F4WONLINE.COM AND/OR FIGURE FOUR WEEKLY ONLINE INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH F4WONLINE.COM OR FIGURE FOUR WEEKLY ONLINE INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. FIGURE FOUR WEEKLY ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIGURE FOUR WEEKLY ONLINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FIGURE FOUR WEEKLY ONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT F4WONLINE.COM WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. FIGURE FOUR WEEKLY ONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN F4WONLINE.COM FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
FIGURE FOUR WEEKLY ONLINE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR FIGURE FOUR WEEKLY ONLINE INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
F4Wonline.com may contain links to websites operated by third parties. Figure Four Weekly Online does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Figure Four Weekly Online’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software Available Through This Website
Any software that is made available to view and/or download in connection with a Figure Four Weekly Online Internet Service (“Software”) is owned or controlled by Figure Four Weekly Online and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Figure Four Weekly Online accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
F4Wonline.com may enable you to order and receive products, information and services from businesses that are not owned or operated by Figure Four Weekly Online. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Figure Four Weekly Online does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Figure Four Weekly Online will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Figure Four Weekly Online Internet Service.
Modification/Termination by Figure Four Weekly Online
Figure Four Weekly Online reserves the right, in its sole discretion, to modify, suspend, or terminate F4Wonline.com and/or any portion thereof, including any Figure Four Weekly Online Internet Service, and/or your account, password, or use of any Figure Four Weekly Online Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Figure Four Weekly Online Internet Service removes your authorization to use the Figure Four Weekly Online Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Figure Four Weekly Online shall not be liable to you or any third-party for any termination of your access to a Figure Four Weekly Online Internet Service.
F4Wonline.com may offer certain Figure Four Weekly Online Subscription Services such as newsletters and radio show (collectively “Figure Four Weekly Online Subscription Services”). By registering for a Figure Four Weekly Online Subscription Service, you will be subject to any charges and rules set forth in the description of that service.
International Use/U.S. Export Controls
Accessing materials on F4Wonline.com by certain persons in certain countries may not be lawful, and Figure Four Weekly Online makes no representation that materials on F4Wonline.com are appropriate or available for use in locations outside the United States. If you choose to access F4Wonline.com from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from F4Wonline.com. No software or any other materials associated with F4Wonline.com may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Figure Four Weekly Online Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
This statement informs you of Figure Four Weekly Online’s practices with respect to the online collection, use, and disclosure of personal information from F4Wonline.com. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
Figure Four Weekly Online is the owner of this website and retains all ownership rights to the information collected at this site. Figure Four Weekly Online reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
To enhance Figure Four Weekly Online’s ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
This Figure Four Weekly Online site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
This site may make available chat rooms and message boards. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
Sale or Merger
If this site is sold to, or merges with, another company not owned by Figure Four Weekly Online, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, Figure Four Weekly Online will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
You should be aware that Figure Four Weekly Online may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
Contacting the Website
All submissions to Figure Four Weekly Online become our property. No submission will be subject to any reimbursement or other payment by us.
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Figure Four Weekly Online brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to F4Wonline.com and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Seattle, WA. You agree to submit to the personal jurisdiction of the courts of the State of Washington for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Figure Four Weekly Online with respect to the use of F4Wonline.com and shall not be modified except in writing, signed by an authorized representative of Figure Four Weekly Online.
Figure Four Weekly Online, LLC
Post Office Box 426
Woodinville, WA 98072
EUROPEAN UNION AND OTHER FOREIGN NATIONS
F4Wonline.com is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Figure Four Weekly Online makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Figure Four Weekly Online Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Figure Four Weekly Online logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Figure Four Weekly Online or by other parties that have provided rights thereto to Figure Four Weekly Online.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through F4Wonline.com, in whole or in part, without the express written permission of Figure Four Weekly Online.
Other trademarks, service marks, product names and company names or logos appearing on F4Wonline.com that are not owned by Figure Four Weekly Online may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of F4Wonline.com, or frame F4Wonline.com, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Figure Four Weekly Online Website in an email for commercial purposes, without the express written permission of Figure Four Weekly Online.
You may inquire about obtaining permission by writing:
Figure Four Weekly Online, LLC
Post Office Box 426
Woodinville, WA 98072
Figure Four Weekly Online respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through F4Wonline.com, you are granting permission to have this material posted on F4Wonline.com, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Figure Four Weekly Online reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Figure Four Weekly Online may have under law or contract.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
Figure Four Weekly Online, LLC
Post Office Box 426
Woodinville, WA 98072
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing 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 Figure Four Weekly Online to locate the material.
(iv) Information reasonably sufficient to permit Figure Four Weekly Online to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Subscription Service Additional Terms
You agree that you will not:
• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Figure Four Weekly Online Website, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Use this Figure Four Weekly Online service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Figure Four Weekly Online Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to F4Wonline.com, any related website, other accounts, computer system, or networks connected to F4Wonline.com, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through F4Wonline.com, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the Figure Four Weekly Online Website using your account. Any violation of these provisions can subject your Figure Four Weekly Online account to immediate termination and, possibly, further legal action.
Figure Four Weekly Online does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Figure Four Weekly Online interactive website by you or other users. Figure Four Weekly Online is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Figure Four Weekly Online reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Figure Four Weekly Online is not responsible or liable for damages of any kind arising from any postings even when Figure Four Weekly Online is advised of the possibility of such damages, or from Figure Four Weekly Online’s alteration or deletion of any posting.
The information and opinions expressed in postings on F4Wonline.com are not necessarily those of Figure Four Weekly Online or its content providers, advertisers, sponsors, affiliated or related entities, and Figure Four Weekly Online makes no representations or warranties regarding that information or those opinions. Figure Four Weekly Online does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Figure Four Weekly Online Website automatically and immediately become the property of Figure Four Weekly Online without any obligation of confidentiality. Figure Four Weekly Online shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Figure Four Weekly Online does not retain exclusive ownership of any posting, then you hereby expressly grant to Figure Four Weekly Online a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
Subscription Service Additional Terms
Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If this subscription service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Charges for Subscription Service
Figure Four Weekly Online will provide notice of any charges, or extra charges, before you register for or enter a subscription area. You are responsible for any charges for subscription content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a subscription service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
You may cancel your membership in this subscription service at any time by contacting us using the contact information provided on this subscription service.
We reserve the right to terminate your access to this subscription service or any portion thereof at any time, without notice. Upon such termination, at our sole discretion, we may or may not return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Figure Four Weekly Online may from time to time change the terms and conditions governing this subscription service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this subscription service. Your continued use of this subscription service constitutes your agreement to all such terms and conditions.
You may email your requests for customer service through the contact information provided on the home page of this subscription service.
If you have questions not addressed here, you may contact us at the address below:
Figure Four Weekly Online