Terms of Use

These Terms govern:

• the use of this Application, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided by:

Checkmate Creative, LLC

Owner contact email: support@ModernManiaWrestling.com

Content on this Application

Unless  where otherwise specified or clearly recognizable, all content  available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its  utmost effort to ensure that the content provided on this Application  infringes no applicable legal provisions or third-party rights. However,  it may not always be possible to achieve such a result.

In  such cases, without prejudice to any legal prerogatives of Users to  enforce their rights, Users are kindly asked to preferably report  related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In  particular, but without limitation, Users may not copy, download, share  (beyond the limits set forth below), modify, translate, transform,  publish, transmit, sell, sublicense, edit, transfer/assign to third  parties or create derivative works from the content available on this  Application, nor allow any third party to do so through the User or  their device, even without the User's knowledge.

Where  explicitly stated on this Application, the User may download, copy  and/or share some content available through this Application for its  sole personal and non-commercial use and provided that the copyright  attributions and all the other attributions requested by the Owner are  correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Acceptable use

This  Application and the Service may only be used within the scope of what  they are provided for, under these Terms and applicable law.

Users  are solely responsible for making sure that their use of this  Application and/or the Service violates no applicable law, regulations  or third-party rights.

Therefore,  the Owner reserves the right to take any appropriate measure to protect  its legitimate interests including by denying Users access to this  Application or the Service, terminating contracts, reporting any  misconduct performed through this Application or the Service to the  competent authorities – such as judicial or administrative authorities -  whenever Users engage or are suspected to engage in any of the  following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

Software license

Any  intellectual or industrial property rights, and any other exclusive  rights on software or technical applications embedded in or related to  this Application are held by the Owner and/or its licensors.

Subject  to Users’ compliance with and notwithstanding any divergent provision  of these Terms, the Owner merely grants Users a revocable,  non-exclusive, non-sublicensable and non-transferable license to use the  software and/or any other technical means embedded in the Service  within the scope and for the purposes of this Application and the  Service offered.

This license does  not grant Users any rights to access, usage or disclosure of the  original source code. All techniques, algorithms, and procedures  contained in the software and any documentation thereto related is the  Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without  prejudice to the above, under this license Users may download, install,  use and run the software on the permitted number of devices, provided  that such devices are common and up-to-date in terms of technology and  market standards.

The Owner reserves  the right to release updates, fixes and further developments of this  Application and/or its related software and to provide them to Users for  free. Users may need to download and install such updates to continue  using this Application and/or its related software.

New releases may only be available against payment of a fee.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.

The  fees, duration and conditions applicable to the purchase of such  Products are described below and in the dedicated sections of this  Application.

Product description

Prices,  descriptions or availability of Products are outlined in the respective  sections of this Application and are subject to change without notice.

While  Products on this Application are presented with the greatest accuracy  technically possible, representation on this Application through any  means (including, as the case may be, graphic material, images, colors,  sounds) is for reference only and implies no warranty as to the  characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order acceptance

• Unless the order receipt expressly includes the acceptance of the  order, in which case the contract is therefore then entered into, the  purchase contract is entered into at the moment the User receives the  communication of order acceptance.
• Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay.
• If the order is not accepted, the Owner shall issue a refund.

The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.

All  notifications related to the described purchasing process shall be sent  to the email address provided by the User for such purposes.

Prices

Users  are informed during the purchasing process and before order submission,  about any fees, taxes and costs (including, if any, delivery costs)  that they will be charged.

Prices on this Application are displayed:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some  payment methods may only be available subject to additional conditions  or fees. In such cases related information can be found in the dedicated  section of this Application.

All  payments are independently processed through third-party services.  Therefore, this Application does not collect any payment information –  such as credit card details – but only receives a notification once the  payment has been successfully completed.

If  payment through the available methods fail or is refused by the payment  service provider, the Owner shall be under no obligation to fulfil the  purchase order. Any possible costs or fees resulting from the failed or  refused payment shall be borne by the User.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Delivery of digital content

Unless  otherwise stated, digital content purchased on this Application is  delivered via download on the device(s) chosen by Users.

Users  acknowledge and accept that in order to download and/or use the  Product, the intended device(s) and its respective software (including  operating systems) must be legal, commonly used, up-to-date, and  consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Liability and indemnification

US Users Disclaimer of Warranties

This  Application is provided strictly on an “as is” and “as available”  basis. Use of the Service is at Users’ own risk. To the maximum extent  permitted by applicable law, the Owner expressly disclaims all  conditions, representations, and warranties — whether express, implied,  statutory or otherwise, including, but not limited to, any implied  warranty of merchantability, fitness for a particular purpose, or  non-infringement of third-party rights. No advice or information,  whether oral or written, obtained by user from owner or through the  Service will create any warranty not expressly stated herein.

Without  limiting the foregoing, the Owner, its subsidiaries, affiliates,  licensors, officers, directors, agents, co-branders, partners, suppliers  and employees do not warrant that the content is accurate, reliable or  correct; that the Service will meet Users’ requirements; that the  Service will be available at any particular time or location,  uninterrupted or secure; that any defects or errors will be corrected;  or that the Service is free of viruses or other harmful components. Any  content downloaded or otherwise obtained through the use of the Service  is downloaded at users own risk and users shall be solely responsible  for any damage to Users’ computer system or mobile device or loss of  data that results from such download or Users’ use of the Service.

The  Owner does not warrant, endorse, guarantee, or assume responsibility  for any product or service advertised or offered by a third party  through the Service or any hyperlinked website or service, and the Owner  shall not be a party to or in any way monitor any transaction between  Users and third-party providers of products or services.

The  Service may become inaccessible or it may not function properly with  Users’ web browser, mobile device, and/or operating system. The owner  cannot be held liable for any perceived or actual damages arising from  Service content, operation, or use of this Service.

Federal  law, some states, and other jurisdictions, do not allow the exclusion  and limitations of certain implied warranties. The above exclusions may  not apply to Users. This Agreement gives Users specific legal rights,  and Users may also have other rights which vary from state to state. The  disclaimers and exclusions under this agreement shall not apply to the  extent prohibited by applicable law.

Limitations of liability

To  the maximum extent permitted by applicable law, in no event shall the  Owner, and its subsidiaries, affiliates, officers, directors, agents,  co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or  exemplary damages, including without limitation damages for loss of  profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering  or other unauthorized access or use of the Service or User account  or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage  incurred as a result of the use of any content posted, emailed,       transmitted, or otherwise made available through the Service;  and/or
• the defamatory, offensive, or illegal conduct of any User or third  party. In no event shall the Owner, and its subsidiaries, affiliates,  officers, directors, agents, co-branders, partners, suppliers and  employees be liable for any claims, proceedings, liabilities,  obligations, damages, losses or costs in an amount exceeding the amount  paid by User to the Owner hereunder in the preceding 12 months, or the  period of duration of this agreement between the Owner and User, whichever is shorter.

This  limitation of liability section shall apply to the fullest extent  permitted by law in the applicable jurisdiction whether the alleged  liability is based on contract, tort, negligence, strict liability, or  any other basis, even if company has been advised of the possibility of  such damage.

Some jurisdictions do  not allow the exclusion or limitation of incidental or consequential  damages, therefore the above limitations or exclusions may not apply to  User. The terms give User specific legal rights, and User may also have  other rights which vary from jurisdiction to jurisdiction. The  disclaimers, exclusions, and limitations of liability under the terms  shall not apply to the extent prohibited by applicable law.

Indemnification

The  User agrees to defend, indemnify and hold the Owner and its  subsidiaries, affiliates, officers, directors, agents, co-branders,  partners, suppliers and employees harmless from and against any and all  claims or demands, damages, obligations, losses, liabilities, costs or  debt, and expenses, including, but not limited to, legal fees and  expenses, arising from

• User’s use of and access to the Service, including any      data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to,  User’s breach of any of the representations and warranties set forth in  these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third  party access with User’s unique username, password or      other  security measure, if applicable, including, but not limited to,       misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers,  directors, agents, co-branders, partners, suppliers and employees to the  extent allowed by applicable law.

Common provisions

No Waiver

The  Owner’s failure to assert any right or provision under these Terms  shall not constitute a waiver of any such right or provision. No waiver  shall be considered a further or continuing waiver of such term or any  other term.

Service interruption

To  ensure the best possible service level, the Owner reserves the right to  interrupt the Service for maintenance, system updates or any other  changes, informing the Users appropriately.

Within  the limits of law, the Owner may also decide to suspend or terminate  the Service altogether. If the Service is terminated, the Owner will  cooperate with Users to enable them to withdraw Personal Data or  information in accordance with applicable law.

Additionally,  the Service might not be available due to reasons outside the Owner’s  reasonable control, such as “force majeure” (eg. labor actions,  infrastructural breakdowns or blackouts etc).

Service reselling

Users  may not reproduce, duplicate, copy, sell, resell or exploit any portion  of this Application and of its Service without the Owner’s express  prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without  prejudice to any more specific provision of these Terms, any  intellectual property rights, such as copyrights, trademark rights,  patent rights and design rights related to this Application are the  exclusive property of the Owner or its licensors and are subject to the  protection granted by applicable laws or international treaties relating  to intellectual property.

All  trademarks — nominal or figurative — and all other marks, trade names,  service marks, word marks, illustrations, images, or logos appearing in  connection with this Application are, and remain, the exclusive property  of the Owner or its licensors and are subject to the protection granted  by applicable laws or international treaties related to intellectual  property.

Changes to these Terms

The  Owner reserves the right to amend or otherwise modify these Terms at  any time. In such cases, the Owner will appropriately inform the User of  these changes.

Such changes will only affect the relationship with the User for the future.

The  continued use of the Service will signify the User’s acceptance of the  revised Terms. If Users do not wish to be bound by the changes, they  must stop using the Service. Failure to accept the revised Terms, may  entitle either party to terminate the Agreement.

The  applicable previous version will govern the relationship prior to the  User's acceptance. The User can obtain any previous version from the  Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The  Owner reserves the right to transfer, assign, dispose of by novation,  or subcontract any or all rights or obligations under these Terms,  taking the User’s legitimate interests into account. Provisions  regarding changes of these Terms will apply accordingly.

Users  may not assign or transfer their rights or obligations under these  Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should  any provision of these Terms be deemed or become invalid or  unenforceable under applicable law, the invalidity or unenforceability  of such provision shall not affect the validity of the remaining  provisions, which shall remain in full force and effect.

EU Users

Should  any provision of these Terms be or be deemed void, invalid or  unenforceable, the parties shall do their best to find, in an amicable  way, an agreement on valid and enforceable provisions thereby  substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable  provisions shall be replaced by the applicable statutory provisions, if  so permitted or stated under the applicable law.

Without  prejudice to the above, the nullity, invalidity or the impossibility to  enforce a particular provision of these Terms shall not nullify the  entire Agreement, unless the severed provisions are essential to the  Agreement, or of such importance that the parties would not have entered  into the contract if they had known that the provision would not be  valid, or in cases where the remaining provisions would translate into  an unacceptable hardship on any of the parties.

Governing law

These  Terms are governed by the law of the place where the Owner is based, as  disclosed in the relevant section of this document, without regard to  conflict of laws principles.