Terms Of Service
WMMA ("WMMA.TV ") shall provide email products
and services ("the WMMA.TV Service") to you ("User") under
the terms and conditions of this WMMA.TV Service Agreement ("the
Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO
AN AGREEMENT WITH WMMA.TV AND NOT THE WEB SITE WITH WHOM WMMA.TV HAS ASSOCIATED
TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY
CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO
THIS AGREEMENT WITH WMMA.TV AND TO THE TERMS AND CONDITIONS HEREIN AND
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE
STATEMENT ACCESSIBLE FROM THE LOG-IN PAGE OF THIS EMAIL SITE. USERS UNDER 13
MAY SIGN UP FOR THE WMMA.TV SERVICE ONLY WITH THE CONSENT OF THEIR PARENT OR
ACCEPTABLE USE POLICY.
The following policy governs the use of the WMMA.TV Service
by User. User will comply with the terms and spirit of the Agreement.
(a) User shall not use the WMMA.TV Service for spamming.
Spamming includes, but is not limited to (1) the bulksending of unsolicited
messages, or the sending of unsolicited emails which provoke complaints from
recipients, (2) the sending of junk mail, (3) the use of distribution lists
that include people who have not given specific permission to be included in
such distribution process, (4) posting commercial ads to USENET newsgroups that
do not permit it, (5) posting articles containing binary encoded data to a
non-binary newsgroups, (6)excessive and repeated posting off-topic messages to
newsgroups, (7)excessive and repeated cross-posting, (8) email harassment of
another Internet user or users, including but not limited to, transmitting any
threatening, libelous or obscene material, or material of any nature which
could be deemed to be offensive, and (9) the emailing of age- inappropriate
communications or content to anyone under the age of 18. WMMA.TV has in place a
spam monitoring and control system to reduce spam sent to and from Users.
WMMA.TV shall make reasonable attempts to respond to complaints made by User
regarding the receipt of spam or other harassing email or, in the case of a
User under the age of 18, complaints from such User or from such User's parent
or guardian regarding the receipt of spam, other harassing email, or email
containing any age-inappropriate communications or content.
User shall not use the WMMA.TV Service in a manner which
violates any city, state, national or international law or regulation, or which
fails to comply with accepted Internet protocol. User shall not attempt to
interfere in any way with WMMA.TV networks or network security, or attempt to use
the WMMA.TV Service to gain unauthorized access to any other computer system.
(b) User shall at all times provide WMMA.TV with accurate
information. User shall immediately notify WMMA.TV of any security breach in or
unauthorized use of User's account. User shall not interfere in any way with
another User's use of, or WMMA.TV's provision of the WMMA.TV Service. User
shall not resell, rent, lease, grant a security interest in, or make commercial
use of the WMMA.TV services without the express written consent of WMMA.TV.
(c) User agrees to use WMMA.TV email addresses containing
the names of colleges, universities, celebrities, entertainment properties,
businesses, or teams for personal use only and not for any commercial purpose.
Title, ownership rights, and intellectual property rights in
all content and material that is part of, contained in, or accessed through the
WMMA.TV Service, and provided by either WMMA.TV or sponsors or any other
content provider shall remain in WMMA.TV and/or its sponsors or any other
content provider. User acknowledges and agrees that certain college,
university, team, celebrity or business names contained within WMMA.TV-mail
addresses may represent protected trademarks and service marks. Such content and
materials are protected by the copyrights, trademark, service mark and patent
laws and treaties.
User agrees to indemnify and hold WMMA.TV and its licensors,
parents, subsidiaries, affiliates, network partner sites, officers and employees
("Affiliated Parties"), harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
User's use of the WMMA.TV Service, the violation of the Agreement by User, or
the infringement by User, or other user of the WMMA.TV Service using User's
computer, of any intellectual property or other right of any person or entity,
or as a result of any threatening, libelous, obscene, harassing or offensive
material contained in any User communications.
At WMMA.TV, we respect your privacy. We do collect
information from you, but it is our policy and priority to ensure that all
personal information remains private and secure. To earn your trust and
confidence in the Internet and in WMMA.TV, we are disclosing our privacy
practices and the uses of the information we gather.
To protect your privacy, WMMA.TV:
1. Will not release personal identifying information about
you without first obtaining your consent, unless required to do so by law; and
2. Will not knowingly use personal identifying information
from children younger than 13 without parental consent.
These links provide detailed information on our privacy
1. What general information does WMMA.TV collect and how is
2. What personal information does WMMA.TV collect and how is
3. What are cookies and how does WMMA.TV use them?
4. How do third-party advertisers use my information?
5. How does WMMA.TV protect the privacy of children younger
6. How can I access, change or delete information about
7. How may I protect my privacy on the Internet and within
WMMA.TV reserves the right to amend this Privacy Statement
at any time without notice, and only the current Privacy Statement may be
What general information does WMMA.TV collect about me and
how is it used?
When you visit WMMA.TV, we collect some basic information
about your computer, including:
[sigma] IP address (your computer's unique signature)
[sigma] Operating system (e.g., Windows 95)
[sigma] Browser software (e.g., Microsoft Internet Explorer,
[sigma] Internet Service Provider (e.g. Earthlink, Bell
The information we collect is aggregated to reflect the
population as a whole rather than focused on individuals, we use it to help us
better understand the people who visit WMMA.TV. In addition, like many other
sites with paid advertising, we disclose some of this aggregate information to
advertisers to inform them of the number of people who have seen and clicked on
What personal information does WMMA.TV collect about me and
how is it used?
When you sign up for a new email account, we collect
personal identifying information from you, which may include the following:
[sigma] First and last name;
[sigma] Home address;
[sigma] Date of birth;
[sigma] Income range;
[sigma] Alternate mail address;
[sigma] Phone number
We use information about our members for administrative and
other purposes that we deem necessary to maintain and improve our services.
Such uses include data transmission, member surveys, email services and other
future services. We reserve the right to use third parties to provide these
services, however, WMMA.TV requires that any such party agree to strict
We also use information about our members to better target
advertising banners and make the content more relevant to each member.
WMMA.TV cooperates with law enforcement agencies in
identifying those who use our services for illegal activities. We reserve the
right to release information about members who we believe are in violation of
our user agreement, even without a subpoena, warrant or court order. We also
reserve the right to report to law enforcement agencies any activities that we
reasonably believe to be unlawful.
If you sign up for premium services, WMMA.TV will use your
credit card number in order to provide you with the services that you request.
Information collected by WMMA.TV is encrypted using SSL and is stored on secure
servers. Credit card transactions are processed by an established financial
institution. Access to credit card information at WMMA.TV is restricted to
authorized staff only, in a manner consistent with or exceeding industry
Remember that third-party vendors also sell products and
services via advertising on Martialarts.org, and their policies may differ from
those of WMMA.TV.
What are cookies and how does WMMA.TV use them?
WMMA.TV requires each member to enable cookies to login and
use our services.
What is a Cookie?
A cookie is a very small text file placed on your hard drive
- with your permission - by a web server.
example, this allows us to pre-populate your email address on the login page.
Tracking and Maintaining Session info: Once you have logged in we use the
cookie to distinguish between your mail session and that of the many other
people using our service. For example: After you have written a message and you
go to your Inbox, we need to display your Inbox and not somebody else's.
Setting cookies is currently the best method of maintaining session information
over the web.
Are cookies secure?
A cookie cannot contain program code, so it cannot be used
as a virus nor can it be used to extract data from your system. When a cookie
is set, only the server which set the cookie can access the information in that
How do I change the way my browser handles cookies?
Most browsers allow three options for handling cookies: ®
Accept all cookies ® Warn before accepting a cookie. ® Reject all cookies. Our
web-based mail service will not function if your browser is set to accept
cookies. Instructions for enabling and disabling cookies can be found through
the help menu on most browsers. If you have continued trouble changing your
cookie settings, you may contact our support site for additional help.
How do third-party advertisers use my information?
When you join WMMA.TV, you have the option of signing up to
receive information from select third party sponsors. This information is a
good way to learn about special offers on the web. In order to provide this
service, we may share some of your information such as name and email address
with third party sponsors. All WMMA.TV third party sponsors are required to
sign confidentiality agreements which do not allow them to use your information
for any purpose other than what you have requested. If you have requested
promotional emails and have not logged into your account for a prolonged period
of time, WMMA.TV reserves the right to forward the requested promotional
materials to your alternate email address. WMMA.TV will not disclose your
alternate email address to any third parties. All promotional emails authorized
by WMMA.TV will include a removal procedure for you to discontinue receiving
further email offers. This allows you to change your mind about receiving
further emails at a later date. If you receive an email from a third party
stating that it is associated with WMMA.TV, yet you do not recall asking for
the information, please follow the third party's removal procedures. If this procedure
is not successful, please send an email to firstname.lastname@example.org. Additionally, be aware
that when you click on ad banners, you may be brought to other sites not
operated by WMMA.TV. You are responsible for information you provide these
requests personal information.
How does WMMA.TV protect the privacy of children younger
We believe that it's especially important to protect
children's privacy online.
Note: WMMA.TV defines "children" as minors younger
than 13. We do not knowingly use any personal information from children without
obtaining express parental consent. Express parental consent means that WMMA.TV
obtains affirmative agreement from a parent or legal guardian, at the time of
signing up for new account. All general information collected from children is
used only for statistical analysis, feedback and those purposes described in
the signup process. We do not give children's personal information to third
parties, regardless of whether children request promotional opportunities
through us. Before signing up for a WMMA.TV account, we ask that children have
their parents read our Privacy Statement. Before and during the signup process,
we require children to include a parent or guardian in the process.
How do I access, change or delete information about myself?
During the Martialarts.org signup process, we ask you to
supply personal information, including your first name, last name, ZIP Code,
birth date and an alternate email address. We also ask if you would like to
receive promotional material from our sponsors and great offers from our
partners. If, at any time, you would like to stop receiving newsletters from
WMMA.TV or promotional emails from third parties (which you signed up for),
then follow the removal procedures at the end of the email. If this is not
successful, please contact us at email@example.com.
How may I protect my privacy on the Internet and within
1. Know the risks. If you provide your email address to
public domains such as chat rooms or newsgroups, or you provide it to websites
which don't respect your privacy, you may begin to receive unsolicited email.
Unsolicited email is also known as spam. Although WMMA.TV has strict rules
prohibiting spam and we do block certain known groups from sending unsolicited
messages to WMMA.TV members, it is generally a good idea to provide your email
address only to people or groups that you trust.
2. Educate yourself. Look for a privacy statement on every
site you visit on the Web, and search for information on how to protect your
privacy. Start with TRUSTe, an independent, nonprofit initiative dedicated to
building users' trust and confidence in the Internet.
3. Tell your children: "Never talk to strangers!"
Teach children not to give out their names or other personal information. Tell
them never to fill out online registration forms without your knowledge and
4. Use complex passwords. If your password is simple, it is
also simple for a hacker to break it and gain access to your email account or
other private areas. To protect your privacy, you should use complex passwords
consisting of very long and awkward keystroke combinations. This makes the
hacker's job much more difficult. We send reminders of your account passwords
only after the appropriate security questions have been answered, and then, we
will only send your password to the email address given during the signup
process. NEVER GIVE YOUR PASSWORD TO ANYONE. If someone claiming to represent
WMMA.TV in an email or chat room asks for your WMMA.TV password, DO NOT
RESPOND. The only time we ask for your password is via a web page, when you
need to access our system (such as the login screen). Please help us keep our
records current by updating your personal information when it changes. You can
access your personal information through the account/personal information
option when you're logged into your account.
5. Read a message on safe surfing provided by the Federal
Trade Commission. 6. Reduce spam (unsolicited email). One of the drawbacks of
surfing the Web, creating home pages and having an email account is that you
may receive spam -- the electronic version of junk mail. Visit this site for
more information on spam and how you can cut down on how much spam you receive.
DISCLAIMER OF WARRANTY.
WMMA.TV EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE WMMA.TV
SERVICE. THE WMMA.TV SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF
THE USE OF THE WMMA.TV SERVICE IS BORNE BY USER. WMMA.TV MAKES NO WARRANTY
REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE
USE OF THE WMMA.TV SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN
IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
WMMA.TV OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE
INABILITY TO USE THE WMMA.TV SERVICE, THE PERFORMANCE OF WMMA.TV SERVICE, OR
DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA
OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM
UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL WMMA.TV BE LIABLE
FOR ANY DAMAGES IN EXCESS OF WHAT WMMA.TV RECEIVED FROM USER FOR THE WMMA.TV
SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
User represents that the user id selected by the User, when
used alone or combined with a second or third level domain name, does not
interfere with the rights of any third party and is not being selected for any
unlawful purpose. User acknowledges and agrees that if such selection does
interfere with the rights of any third party or is being selected for any
unlawful purpose, WMMA.TV may immediately suspend the use of such WMMA.TV email
address, and User will indemnify and hold WMMA.TV harmless, in accordance with
the Indemnification section above, for any claim or demand against WMMA.TV that
arises out of such selection. User acknowledges and agrees that neither WMMA.TV
nor any of its licensors shall be liable to User in the event WMMA.TV is
ordered or required, as a result of a court order or legal settlement, or
contractual requirement with any licensor, to desist from using or permitting
the use of a particular domain name as part of an WMMA.TV email address. If as
a result of such action, User loses an email address, the User's sole remedy
shall be the receipt of a replacement WMMA.TV email address.
MODIFICATION. WMMA.TV reserves the right to modify the
Martialarts.org Service as described in the Agreement and on the site, and to
change the terms and conditions of the Agreement. WMMA.TV will post the new
Agreement and updated descriptions of the WMMA.TV Service on the site.
Continued use of the WMMA.TV Service after such postings shall be deemed an
acceptance by the User to be bound by the terms of the modified Agreement.
Users not wishing to be bound by the modified Agreement or WMMA.TV Service may
terminate the WMMA.TV Service pursuant to the Termination section below.
TERMINATION. WMMA.TV Services may be terminated in whole or
in part, effective immediately, by either WMMA.TV or User at any time upon
written notice to the other party. Upon termination, User's right to use the
WMMA.TV Service immediately ceases, and WMMA.TV is not obligated to forward any
unread or unsent messages to User or any third party. WMMA.TV shall not be
liable to User or any third party for termination of the WMMA.TV Service. In
the case of a terminated paid WMMA.TV Service ("Premium Service"), upon
written request to WMMA.TV, User shall receive at WMMA.TV's option, either i)
reimbursement of the pro-rata portion of the amount paid for the period
remaining on User's account for the terminated Premium Service; or ii) credit
for another Premium Service equivalent to the pro-rata portion of the amount
paid for the period remaining on User's account for the terminated Premium
Service. There shall be no reimbursement or credit if the WMMA.TV Service is
terminated due to User's violation of the terms of this Agreement. WMMA.TV
reserves the right to terminate User's email address in the event that
WMMA.TV's rights to use certain domain names or email addresses terminate or
expire, in which case User shall receive a replacement WMMA.TV email address.
In addition, WMMA.TV retains the right, at WMMA.TV's sole discretion, to
terminate any and all parts of the WMMA.TV Service provided to User, without
refunding User for any annual fees paid but not yet accrued, if it determines
that User has failed to comply with any of the terms of the Acceptable Use
Policy. If WMMA.TV determines that User has failed to comply with any of the
terms in Section (a) above, of the Acceptable Use Policy, WMMA.TV shall when
appropriate, (1) facilitate criminal prosecution against such User by referring
User's spamming activity to the appropriate legal authorities, and (2) bring a
civil action against such User, who shall be liable to WMMA.TV for any direct,
indirect, special, incidental, or consequential damages incurred by WMMA.TV as
a result of User's spamming or other prohibited activity.
If any provision hereof shall at any time be held to be
void, invalid or unenforceable, such provision shall be construed as severable
and shall not in any way affect or render void, invalid or unenforceable any
other provision of this Agreement, and this Agreement shall be carried out as
if such void, invalid or unenforceable provision were not part of this
User and WMMA.TV agree that any cause of action arising out
of or related to this Service must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred.
No waiver on the part of WMMA.TV to exercise, and no delay
in exercising, any right, power or provision hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right, power or
provision hereunder preclude the exercise of that or any other right, power or
SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the
benefit of any WMMA.TV successor companies or assigns.
The headings in this Agreement are for convenience only and
shall not affect the meaning or interpretation of this Agreement or any
This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and understandings, whether oral or written,
relating to the subject matter hereof.
This Agreement shall be governed by and construed in
accordance with the laws of Canada applicable to agreements executed and
performed wholly within Canada.