Term Of Use

ACCEPTANCE OF TERMS
The web pages available at iChatMMA.com and all linked pages ("Site"), are owned and operated by iChatMMA.com.com, a site maintained by iChat Media Solutions Inc., and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.

MODIFICATIONS OF TERMS OF USE
www.iChatMMA.com.com reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, iChatMMA.com.com will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at iChatMMA.com.com sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

2. iChatMMA.com Website
A. These Terms of Service apply to all users of the iChatMMA.com Website, including users who are also contributors of video content, information, and other materials or services on the Website. The iChatMMA.com Website includes all aspects of iChatMMA.com, including but not limited to all products, software and services offered via the website such as the iChatMMA.com channels, the iChatMMA.com "Embeddable Player," the iChatMMA.com "Uploader" and other applications.

B. The iChatMMA.com Website may contain links to third party websites that are not owned or controlled by iChatMMA.com. iChatMMA.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iChatMMA.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iChatMMA.com from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the iChatMMA.com Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. iChatMMA.com Accounts
A. In order to access some features of the Website, you will have to create a iChatMMA.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iChatMMA.com immediately of any breach of security or unauthorized use of your account.

B. Although iChatMMA.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iChatMMA.com or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions
You must be an individual of 13 years of age or older to register or use the Services. If you are not yet 15 years old, do not use the Services. Notwithstanding anything to the contrary herein, to access, subscribe to, download, view and/or otherwise use the iChatMMA.com Site or Services for any "R Rated" material, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading, viewing and/or otherwise accessing such "R Rated" portion(s) of the iChatMMA.com Site, you certify that you are at least eighteen (18) years of age. iChatMMA.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You will not distribute in any medium any part of the Website, including but not limited to Member Submissions (defined below), without iChatMMA.com's prior written authorization.

B. You will not alter or modify any part of the Website, including but not limited to iChatMMA.com's Embeddable Player or any of its related technologies. C. You will not access Member Submissions (defined below) or iChatMMA.com Content through any technology or means other than the video playback pages of the Website itself, the iChatMMA.com Embeddable Player, or other explicitly authorized means iChatMMA.com may designate.

D. You agree not to use the Website, including the iChatMMA.com Embeddable Player for any commercial use, without the prior written authorization of iChatMMA.com.

Prohibited commercial uses include any of the following actions taken without iChatMMA.com's express approval:
• sale of access to the Website or its related services (such as the Embeddable Player) on another website;
• use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the iChatMMA.com website or any third-party website, targeted to the content of specific Member Submissions or iChatMMA.com content;
• and any use of the Website or its related services (such as the Embeddable player) that iChatMMA.com finds, in its sole discretion, to use iChatMMA.com's resources or Member Submissions with the effect of competing with or displacing the market for iChatMMA.com, iChatMMA.com content, or its Member Submissions.

E. Prohibited commercial uses do not include:
• uploading an original video to iChatMMA.com, or maintaining an original channel on iChatMMA.com, to promote your business or artistic enterprise;
• using the Embeddable Player to show iChatMMA.com videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with iChatMMA.com;
• any use that iChatMMA.com expressly authorizes in writing.

F. If you use the iChatMMA.com Embeddable Player on your website, you must include a salient link back to the iChatMMA.com website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

G. If you use the iChatMMA.com video uploader, you agree that it may automatically download and install updates from time to time from iChatMMA.com. These updates are designed to improve, enhance and further develop the video uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit iChatMMA.com to deliver these to you) as part of your use of the video uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the iChatMMA.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, iChatMMA.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials.

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, iChatMMA.com Community Guidelines, and all applicable local, national, and international laws and regulations.

J. iChatMMA.com reserves the right to discontinue any aspect of the iChatMMA.com Website at any time.

5. Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the iChatMMA.com Website.

A. The content on the iChatMMA.com Website, except all Member Submissions (as defined below), 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 iChatMMA.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. iChatMMA.com reserves all rights not expressly granted in and to the Website and the Content.

B. You may access Member Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the iChatMMA.com Service; and
• for Streaming.

D. You may access iChatMMA.com Content, Member Submissions and other content only as permitted under this Agreement. iChatMMA.com reserves all rights not expressly granted in and to the iChatMMA.com Content and the iChatMMA.com Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the iChatMMA.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the iChatMMA.com Website or the Content therein.

G. You understand that when using the iChatMMA.com Website, you will be exposed to Member Submissions from a variety of sources, and that iChatMMA.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iChatMMA.com with respect thereto, and agree to indemnify and hold iChatMMA.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Member Submissions and Conduct
A. As an iChatMMA.com account holder you may submit video content ("Member Videos") and textual content ("Member Comments"). Member Videos and Member Comments are collectively referred to as "Member Submissions." You understand that whether or not such Member Submissions are published, iChatMMA.com does not guarantee any confidentiality with respect to any Member Submissions.

B. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize iChatMMA.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Member Submissions. However, by submitting Member Submissions to iChatMMA.com, you hereby grant iChatMMA.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the iChatMMA.com Website and iChatMMA.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iChatMMA.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iChatMMA.com Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, distribute, display and perform such Member Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the iChatMMA.com Service. You understand and agree, however, that iChatMMA.com may retain, but not display, distribute, or perform, server copies of Member Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with Member Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iChatMMA.com all of the license rights granted herein.

E. Member submissions should not contain any pornographic content or else iChatMMA.com will be forced to take it down. The next time that you submit any pornographic content, member account will be disabled.

F. iChatMMA.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and iChatMMA.com expressly disclaims any and all liability in connection with Member Submissions. iChatMMA.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iChatMMA.com will remove all Content and Member Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. iChatMMA.com reserves the right to remove Content and Member Submissions without prior notice.

7. Account Termination Policy
A. iChatMMA.com will terminate a Member's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. iChatMMA.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. iChatMMA.com may remove such Member Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, contact us and submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") .

9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE iChatMMA.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, iChatMMA.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. iChatMMA.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE iChatMMA.com WEBSITE. iChatMMA.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE iChatMMA.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND iChatMMA.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability
IN NO EVENT SHALL iChatMMA.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE iChatMMA.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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 SPECIFICALLY ACKNOWLEDGE THAT iChatMMA.com SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity
You agree to defend, indemnify and hold harmless iChatMMA.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the iChatMMA.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the iChatMMA.com Website.