Standard Terms and Conditions
Last Revised: February 20, 2021
By accessing the website at bjj.match-times.com (the "Site") and and other services (the "Service" or "Services") made available by Match Times LLC ("us" or "we"), the User(s), ("You") are agreeing to be bound by these standard Terms and Conditions.
- You are hereby granted a revocable non-exclusive use license to temporarily view, examine, and download the information and software on our website, ("Materials") for personal transitory viewing only. This is not a transfer of title, and this Use License may be revoked at any time by us, for any reason. You may not do any of the following, without our express written permission:
- Modify, copy, distribute, or use the Materials for any public display;
- distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- Attempt to decompile or reverse engineer any software;
- Remove any copyright or other proprietary notations from the Materials;
- Transfer or "mirror" the Materials on any other server;
- Access the Service using automated processes including bots and scrapers;
- Take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Interfere with or disrupt the Service or the connected servers and networks;
- Embed code within your content;
- Publish or link to malicious content of any sort, including but not limited to that which is intended to damage or disrupt another user’s browser or computer; or distribute harmful code;
- Collect, harvest, or sell any personal data of any user of the Site or the Service;
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to harass, abuse or harm another person or group;
- Use another user’s account without permission or intentionally allow another user to access your account;
- Provide false or inaccurate information when registering an account;
- Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service.
- Operators of public search engines may be granted permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices, but we reserve the right to revoke this permission at any time.
- You consent to receive communications from us in an electronic form via the email address you have submitted and you may opt out.
- We reserve the right to make changes to these Terms and Conditions at any time, with or without prior notice.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Match Times at any time.
User Content and Conduct Restrictions
- You are solely responsible for the information, private or otherwise, ("User Content") that you post, upload, link to or otherwise make available via the Service and its users.
- You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right to remove any User Content from the Service at our sole discretion.
- We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
- By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Service;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
- The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
Online Content Disclaimer and Indemnification
- The materials on Match Times's website are provided on an 'as is' basis. Match Times 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, Match Times does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to from this site.
- We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
- Though we strive to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
- We may remove any material that we believe in our sole opinion, violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
- The materials appearing on Match Times's website could include technical, typographical, or photographic errors. Match Times does not warrant that any of the materials on its website are accurate, complete or current. Match Times may make changes to the materials contained on its website at any time without notice.
- We have not reviewed all of the sites linked to from its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.
- In no event shall Match Times 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 Match Times's website, even if Match Times or a Match Times 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.
- We take no responsibility for any events. Third parties might include ‘Match Times’ in the names of their events and otherwise associate themselves with Match Times. However, such naming and association does not indicate that the event is run by us.
- You shall defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Match Times in the defense of any claim. Match Times reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Match Times.
- This agreement does not and shall not be construed to create a partnership, joint venture, or any other business enterprise or entity, between the parties. No promises or inducements have been made by either party to the other, except as expressly provided herein. Each party shall be solely responsible for any taxation payable on any revenue received by that party.
- In the event of a war, strike, riot, terrorist attack, epidemic, plague, or any such "Act of God" including but not limited to hurricane, flood, earthquake, fire, etc., which prevents us from fulfilling our obligations under the agreement, we will send you written notice that we are suspending our obligations under this agreement for the duration of the force majeure, and toll any expiration of the term of the agreement.
- No breach of this agreement shall be deemed material unless the party alleging such a breach shall have given written notice of said breach to the other party, via certified mail, return receipt requested, and such other party fails to cure such breach within thirty (30) days, after receipt of said notice. Waiver of a breach of any provision of this agreement shall not be deemed or construed to be a waiver of any subsequent breach.
- This agreement shall be construed in accordance with the Laws of New York State. The parties agree that in the event you wish to enforce the terms of this Agreement, exclusive jurisdiction shall be fixed in the Supreme or District Courts of the State of New York.
- Whenever the text requires, the use of a singular number shall include the appropriate plural number as the text of the agreement may require, and vice versa.
- All pronouns shall be deemed to be the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require.
- References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates and other types of entities.
- If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement.
- A facsimile or electronic copy of this Agreement shall be deemed an original for all purposes, and may be signed in counterparts.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Match Times must be filed within one year after such claim arose; otherwise, your claim is permanently barred.