1. ACCEPTANCE OF TERMS.
These Terms of Use and Donnybrook Inc.,
(hereinafter
“we,”
“us,” “our,” the
“company”)
privacy set forth the conditions under which you, the user, may access and use
the
website titled https://www.donnybrookfightclub.com (“
By accessing and using the website, you agree to be bound by our Terms of Use and
our
Privacy Policy. If you do not agree with any of the Terms of Use or our Privacy
Policy, you
should not access or use Donnybrook Inc.
Even if you do agree to the foregoing, we reserve the right to terminate or limit
your
access to Donnybrook Inc. for any violation of the Terms of Use or our Privacy
Policy, or
for any other reason, in our sole
discretion. We also reserve the right to amend these Terms of Use from time to time.
We will
inform you of such changes in writing.
2. ABOUT OUR PRODUCTS.
2.1 Products.
We offer for sale t-shirts, hoodies, and zip-up jackets
(hereinafter “Products”).
The prices for such Products are listed on Donnybrook Inc. We reserve the right
to change
the price of such Products at any time.
2.2 Warranty.
In the case of manufacturing defects, we will replace our products within one-year
of the
original purchase date. This does not cover excess wear and tear and careless misuse
of our
products. The defective product will
be replaced by the same product. If the same product is no longer available, we will
provide
store credit towards the purchase of alternative product.
Send all warranty related questions to support@donnybrookfightclub.com
3. GENERAL TERMS
3.1 Provide Accurate Information.
You agree to provide true and accurate information about yourself as requested on
the
Donnybrook Inc. registration forms or any other information as requested for the
purposes
required to sign into our website
(we call this information
“Registration
Data”). Accurate Registration Data provides us with opportunities to identify new
services
or products that may interest you. Please update the Registration Data to keep it
current
and accurate. Lastly, you understand
that intentionally misrepresenting your identity in order to gain access to our
website may
cause you to incur criminal and/or civil liabilities under applicable state and/or
federal
law.
3.2 Guard Your Password.
You are responsible for maintaining the confidentiality of your password and
account. You
are fully responsible for all activities that occur using your password or account.
Please
notify us immediately of any
unauthorized use of your password or account or any other breach of security. You
hereby
acknowledge that the information available through Donnybrook Inc. may include
personally
identifiable information. It is your
responsibility to keep all such accessed information confidential and secure.
3.3 Obey the Law.
You represent and warrant that you will not use the website for illegal purposes
or for
the posting or transmission of material that is unlawful, harassing, false,
fraudulent,
defamatory, libelous
(e.g.,
untrue and damaging to others), invasive of another’s privacy, abusive,
threatening, or
obscene or otherwise tortious, or that infringes the copyrights or other
intellectual
property rights of others
(including
rights of publicity). If you believe the content or behavior you are reporting is
prohibited
in your local jurisdiction, please contact your local authorities so they can better
assess
the content or behavior for
potential violations of local law. If Donnybrook Inc. is contacted directly by law
enforcement, we can work with them and provide assistance for their investigation.
Please
direct your law enforcement to our law
enforcement guidelines.
3.4 Content Restrictions.
All website design, text, graphics, the selection and arrangement thereof, and all
of Kill
Crew’s software are protected by international copyright laws. The publication,
sale, or
redistribution in any form or medium of
text, photos, graphics, audio, and/or video materials or any other form of
proprietary
content found on Donnybrook Inc. is strictly prohibited without the prior written
permission
of the company. Content that is publicly
available on Donnybrook Inc. may not be stored on your computer, except for personal
and
non-commercial use.
3.5 Photos and User-Submitted Content.
Without limiting the generality of the foregoing, we are not responsible for any
content,
communications, information, or other materials posted, submitted, communicated,
shared,
discussed or otherwise generated through
Instagram, or other social media, on our website
("User
Generated Content"). Nor do we guarantee the truthfulness, accuracy or completeness
of such
User Generated Content. Any actions you take or do not take based on or related to
User
Generated Content are solely at your own
risk.
Any public areas of the website are intended to facilitate open communication and
discussion. If you post, submit, share, disseminate, or respond to User Generated
Content,
however, you agree that:
· User Generated Content will not (i) be
defamatory, harassing, threatening, obscene, pornographic, or invasive of
privacy, (ii)
be illegal, encourage illegal activity, violation of the rights of others, or
otherwise
give rise to liability, (iii)
be confidential or proprietary, or infringe any third-party intellectual property
rights
and, (iv) in particular, be copyright
protected (unless
you have full permission to publish it under the terms hereof from the copyright
owner).
You are solely responsible for the User Generated Content and your failure to
comply with
the foregoing.
We have the right (but assume no
obligation) to
monitor, delete, move, or edit any User Generated Content that we consider
inappropriate or
unacceptable for any reason.
You grant to us, and to each user of the website, a global, non-exclusive, unlimited
license
to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or
modify the
User Generated Content, and any
ideas, concepts or techniques embodied in the User Generated Content, for any
purpose
whatsoever, and you waive any and all moral rights you may have in the foregoing.
3.6 Limits On Use of User Provided Information.
By using Donnybrook Inc., you agree not to data-scrape, copy, aggregate,
redistribute,
alter, reproduce, reverse engineer, or re-use for commercial purposes any
user
(whether
specific to any particular user or as an aggregation of users’ information)
information
accessible through any websites or networks owned by the company.
“Commercial
purposes” includes, but is not limited to, selling information to third parties;
using the
data collected to customize users’ experiences at a site or network outside of
Donnybrook
Inc.; using the data for targeted
marketing campaigns not affiliated with the company; or using the data to offer
services to
our users. We reserve the right to take immediate action against any individual or
entity
participating in any of the prohibited
actions mentioned above.
4. RIGHTS YOU GRANT TO US
4.1 Account Access.
In order to ensure that Donnybrook Inc. is able to provide high-quality services
that are
responsive to your needs, you agree that we have access to your account and records
as
reasonably needed to investigate
complaints. We may engage third parties to perform analysis or data processing of
our
databases that involves access to this information so that we can better service
you. In
that case, we will take measures to ensure
that such parties are contractually required to keep the information confidential
and not to
use it other than in a manner that is necessary to perform their work for Donnybrook
Inc.).
4.2 Merger or Acquisition.
In order to ensure a smooth transition of services relative to your subscription, in
the
event of a merger, acquisition, reorganization, sale of all or substantially all of
its
assets, or the sale of an individual
website owned by Donnybrook Inc., we may transfer your Personally Identifiable
Information
to a third party as a part of such merger, acquisition, reorganization, or sale.
5. OTHER LEGAL ISSUES
5.1 Disclaimer of Warranties.
"Covered Parties" means the company (including
affiliated and other related entities), its members, business partners and other
entities
participating in the website, and its and their officers, directors, partners,
principals,
managers, members, employees,
contractors, agents, successors, and assigns.
THE WEBSITE IS PROVIDED ON AN "AS
IS,"
"AS
AVAILABLE" BASIS. THE COMPANY CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS,
DELECTION,
MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION
SETTINGS.
THE COVERED PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO
DISCLAIM ALL
WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR
DAMAGE
OF ANY KIND RESULTING FROM, ARISING
OUT OF OR ANY WAY RELATED TO
(A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS
CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS, (B)
USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS
THEREIN, (C)
ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED
THROUGH LINKS
IN OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS
THEREIN, (D)
THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF,
(E) YOUR USE OF THE WEBSITE,
(F) VIRUSES OR OTHER DAMAGING FACTORS, OR
(G) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION
WITH
THE WEBSITE.
The Covered Parties are not -- and will not
be --
liable for any damages, including but not limited to any direct, indirect,
incidental,
special, reliance, or consequential damages of any kind whatsoever
(including,
without limitation, attorneys' fees, lost profits, savings, or data), in any way due
to,
resulting from, or arising in connection with our website, including their content
and your
use thereof, regardless of any
negligence or fault of any of the Covered Parties, and whether or not apprised of
the
possibility of such damages. In no event will the aggregate liability of any of
Covered
Parties related to your use of the website,
User Generated Content, or their other content be greater than $100.00.
You agree to indemnify and hold harmless the Covered Parties from any losses,
damages,
claims, or liabilities of any nature, including reasonable attorneys' fees, arising
from
your use of the website, User Generated
Content, or their other content, or your breach of the terms hereof.
5.2 Indemnification.
You agree to protect, indemnify and fully compensate the Covered Parties from any
and all
third-party claims, liability, damages, expenses, and costs
(including,
but not limited to, reasonable attorney’s fees) arising from
(1)
your failure to comply with this Agreement, including, without limitation, your
submission of content that violates third party rights or applicable
laws,
(2)
any content you submit to Donnybrook Inc.,
(3) any
activity in which you engage on or through Donnybrook Inc. and
(4)
your infringement, or infringement by any other user of your account, of any
intellectual
property or other right of anyone; and (5)
any other harm or loss caused to the company as a result of your use of the
Services.
5.3 Choice of Law.
This Agreement and all matters relating to your access to, or use of, the Service
shall be
governed by U.S. federal law or the laws of the State of California, excluding that
body of
laws known as conflicts of laws. If
any provision of this Agreement is invalid or unenforceable under applicable law, it
is, to
that extent, deemed omitted, and the remaining provisions will continue in full
force and
effect. Any notices related to this
agreement need to be given in writing to one another at our address below, or any
new
address that is given in such a notice. This agreement is the entire understanding
between
you and the company about the services. All
of our rights and obligations under this Agreement are freely assignable by us in
connection
with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5.4 Entire Agreement.
These Terms embody the entire agreement between you and the company. It may not be
orally
altered, modified, or amended by any prior, contemporaneous, or subsequent oral
agreement
unless the same is reduced to a writing
signed by the parties.
5.5 No Waiver.
No delay or omission to exercise any right, power or remedy accruing to any party
under
these Terms, upon any breach or default of any other party under these Terms, shall
impair
any such right, power or remedy of such
non-breaching or non-defaulting party nor shall it be construed to be a waiver of
any such
breach or default, or an acquiescence therein, or of or in any similar breach or
default
thereafter occurring; nor shall any
waiver of any single breach or default be deemed a waiver of any other breach or
default
theretofore or thereafter occurring. Any waiver, permit, consent or approval of any
kind or
character on the part of any party of
any breach or default under these Terms, or any waiver on the part of any party of
any
provisions or conditions of this Agreement, must be in writing and shall be
effective only
to the extent specifically set forth in
such writing. All remedies, either under these Terms or by law or otherwise afforded
to any
party, shall be cumulative and not alternative.
5.6 Notices
Notices by Donnybrook Inc. to users may be given by means of electronic messages or
by a
general posting on the service. Such notice is effective upon sending or posting.
For
general legal notices, please use the
following e-mail: info@donnybrookfightclub.com
5.7 Digital Millennium Copyright Act (“DMCA”)
The company is committed to complying with U.S. copyright and related laws, and
requires all
customers and users of Donnybrook Inc. to comply with these laws. Owners of
copyrighted
works who believe that their rights
under U.S. copyright law have been infringed may take advantage of certain
provisions of the
Digital Millennium Copyright Act of 1998
(the "DMCA") to report
alleged
infringements.
In the event that you claim to be the copyright owner of any content on the website,
you
agree to immediately notify the company of any claimed copyright infringement. You
further
agree to provide the company’s copyright
agent at info@donnybrookfightclub.com the following information, as required by the
DMCA,
Title 17, U.S.C. § 512:
1. your physical or electronic signature or that of a
person
authorized to act on behalf of you, the purported owner of an exclusive right that
is
allegedly infringed;
2. identification of the copyright or work claimed to have been infringed, or a
multiple
copyrighted work at a single online site or covered by a single notification, or a
representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the
subject of
infringing activity and that is to be removed or access to which is to be disabled,
and
information reasonably sufficient to
permit us to locate the material;
4. information reasonably sufficient to permit us to
contact
you, the complaining party, or the person authorized to act on your behalf;
5. a statement that you, the complaining party, have a good faith belief that the
use of
the material in the manner complained of is not authorized by you the copyright
owner, your
agent, or the law; and
6. a statement that the information in the notification is accurate, and under
penalty of
perjury, that the complaining party is authorized to act on behalf of you, the owner
of an
exclusive right that is allegedly
infringed. Our Copyright Agent for notice of claims of copyright infringement on or
relating
to the website can be reached by email info@donnybrookfightclub.com.
We will respond expeditiously to either directly or indirectly
(i) remove the allegedly infringing work(s) stored on the
website
or (ii)
disable access to the work(s). We will also notify the affected customer or user of
the
Service of the removal or disabling of access to the work(s). Copyright owners may
use their
own notification of claimed
infringement form that satisfies the requirements of Section 512(c)(3) of the U.S.
Copyright
Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged
copyright infringement may be liable to
us, the alleged infringer, and the affected copyright owner for any damages incurred
in
connection with the removal, blocking, or replacement of allegedly infringing
material.
If you receive a notification of alleged infringement as described above, and you
believe in
good faith that the allegedly infringing works have been removed or blocked by
mistake or
misidentification, then you may send
a counter notification to us. Upon our receipt of a counter notification that
satisfies the
DMCA requirements, we will provide a copy of the counter notification to the person
who sent
the original notification of
claimed infringement and will follow the DMCA's procedures with respect to a
received
counter notification. In all events, you expressly agree that we will not be a party
to any
disputes or lawsuits regarding alleged
copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a
counter
notification with our designated agent using the contact information shown above.
All
counter notifications must satisfy the
requirements of Section 512(g)(3) of the U.S. Copyright Act. You expressly
understand that
any of your materials which remains with us after such notifications have been
provided, and
which are unlawful, may be provided
to the applicable authorities.
6. ARBITRATION.
If a dispute arises under this Agreement, the parties agree to submit the dispute to
binding
arbitration in Los Angeles, California, conducted on a confidential basis under the
Commercial Arbitration Rules of the
American Arbitration Association. Any decision or award as a result of arbitration
will
include the assessment of costs, expenses and reasonable attorney’s fees and a
written
determination of the arbitrators. Absent an
agreement to the contrary, arbitration will be conducted by an arbitrator
experienced or
familiar with the Promotions industry. An award of arbitration is final and binding
on the
parties and may be confirmed in a court
of competent jurisdiction. The prevailing party has the right to collect from the
other
party its reasonable costs and attorney's fees incurred in enforcing this Agreement.
You agree that, by entering into this Agreement, you and the company are waiving the
right
to a trial by jury. You and the company agree that YOU AND THE COMPANY MAY BRING
CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class
or
representative proceeding. Further, you agree that the arbitrator may not
consolidate
proceedings or more than one person’s claims,
and may not otherwise preside over any form of a representative or class proceeding.