Effective Date: This Terms of Use Agreement was last updated on September 1st, 2009.
I. Terms and Services
Welcome to BattleShape MMA Training Workout Community and its affiliates (collectively “Battle Shape”, “Battleshape.com”, “we”, “us”, “our site”). BattleShape is a social, and collaborative social network that connects individuals through the use of profiles, art, music, film, products, forums, and blogs. If you visit, download, or shop at our site, you (the “Member”, “User” or “you”) accept our Terms of Use (“Terms of Use” or “Terms”). By accepting these Terms, you have read, understood, and agreed to abide by them and are bound to hem legally. If you do not agree to be bound by these Terms or to follow all applicable laws, you should leave the BattleShape Site and discontinue use of the BattleShape Services immediately.
BattleShape reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of our Service or the Site after any such changes signifies your acceptance of the revised Terms. If you do not agree to abide by these or any future Terms of Use, discontinue the use of this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
II. Privacy Policy
Please review our Privacy Notice, which also governs your visit to BattleShape, to understand our practices. PRIVACY POLICY
III. User eligibility
Membership within the Site is prohibited to Users under the age of thirteen (13) years of age. Any registration by, use of or access to the Site by anyone under 13 is in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
IV. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities, which occur under their account whether authorized or not authorized. Member agrees to notify Battleshape of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of BattleShape.
V. Submitted Material- no endorsements, postings, security of content
The information you post on or through the Site, may not include any form of Prohibited Content, as outlined below. WeEarth assumes no responsibility or liability for this material. If you become aware of misuse of content, immediately contact Us at terms@battleshape.com.
BattleShape reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by the user, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
By agreeing to these terms, the users warrants that you own the content posted or otherwise have the right to grant the license set forth to post the content. In addition, the content posted abides by all governing laws and does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content posted by you on or through the BattleShape Services.
If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please send BattleShape a notification of claimed infringement to BattleShape 1) via mail at 56 Arambulo St. BFRVIII Pamplona Las Pinas City, Philippines ; 2) via email at terms@battleshape.com; 3) via phone at 632-846-3479.
VI. Modifications and Interruption of Service
BattleShape reserves the right to modify or discontinue the Service with or without notice to the Member. BattleShape shall not be liable to Member or any third party should the Site exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BattleShape does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
VII. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ site
VIII. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BattleShape makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
BattleShape makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
IX. Disclaimer of Warranties
The site is provided by BattleShape LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, BattleShape makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BattleShape shall have no liability for any interruptions in the use of this Website. BattleShape disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
X. Limitation of Liabilities
BATTLESHAPE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BATTLESHAPE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BATTLESHAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
XI. Indemnification
Member agrees to indemnify and hold BattleShape its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
XII. Governing Jurisdiction of the Courts of California
Our website is operated and provided in the Republic of the Philippines. As such, we are subject to the laws of the Republic of the Philippines and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Republic of the Philippines.
XIII. Compliance of Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
XIV. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BattleShape.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Mikhail Jon A. Penalosa, 56 Arambulo St. BFRV III Pamplona , Las Pinas City 1740
By Telephone: 632-846-3479
By Email: terms@battleshape.com
XV. Botnets
BattleShape retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BattleShape reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
XVI. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BattleShape, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
