LIVE EVENT LIABILITY WAIVER AND RELEASE
Updated as of December 14, 2020
PLEASE NOTE: Eligibility. Membership is void where prohibited. Fans may not register with the Services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Participation in the Services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos or other content ("Participation"). Any content generated by a User involving the use of any functionality of a WWE Website is referred to as "User-Generated Content".
Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. You may not engage in any form of Participation on behalf of another person and if we believe you have, WWE reserves the right to remove it.
Copyright, Ownership and Restrictions on Use of Materials
All materials contained on the Services are the copyrighted property of WWE and its affiliates and/or our third party licensors. All trademarks, service marks and trade names, including but not limited to the WWE and WWE marks, as well as the names of its superstars, are proprietary to WWE or its affiliates and are protected by state, federal and international trademark laws.
The textual, photographic, video, audio and combined audiovisual programs and products resulting from WWE's events and television programs, including the material contained in the Services, are protected under United States and international copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of WWE.
Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from WWE may be liable for copyright infringement. Any person who uses WWE's marks or any similar marks in such a way that it dilutes the distinctive quality of WWE's marks or that creates a likelihood of confusion with WWE's marks for commercial purposes without WWE's permission on goods or for services may be liable for trademark infringement.
If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the "Software") are licensed to you by WWE or our third party licensors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises, of the Services, including but not limited to WWE Network, and/or Software, is strictly prohibited.
We do not transfer title to the Software to you, and WWE (or our third party licensors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form except to the extent permitted by law.
If you have any questions regarding this notice, please email firstname.lastname@example.org.
Registration and Payment for WWE Network
Registration Process. Users may register for a subscription to WWE Network, here. By registering for a subscription to WWE Network, you warrant that (1) you are at least 18 years of age or the age of majority, where older under local law, (2) all information you provided during the registration process is true and accurate, (3) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the Services, (4) you are the cardholder of any credit or debit you provide to us, or the account holder of any PayPal account you provide to us and (5) you will provide us with a current, valid and accepted method of payment, currently credit card, debit card, PayPal account and, in select countries, WWE Network prepaid gift card (as such may be updated from time to time, the “Payment Method”) throughout the term of your subscription. You should make sure that you maintain the confidentiality of your registration and login information, as you are responsible for all charges incurred during your use of WWE Network and the related services, and this may include any charges incurred on your account by other parties which are incurred as a result of you failing to take reasonable care in protecting your registration and login information. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A SUBSCRIPTION TO THE WWE NETWORK IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE REASONABLE DISCRETION.
12 Month Gift Subscription. The 12 Month Gift Subscription may be purchased for yourself or used as a gift for someone else and grants the recipient access to the WWE Network, beginning on the date the recipient registers for the paid subscription and ending 12 months thereafter. THIS IS A 12 MONTH FIXED TERM CONTRACT WHICH IS PAID FOR IN FULL IN ADVANCE. IN CONTRAST TO A MONTH TO MONTH RECURRING SUBSCRIPTION, SUBJECT TO ANY LOCAL LAW OBLIGATIONS, IT CANNOT BE CANCELLED WITHOUT CAUSE DURING THE 12 MONTH TERM.
WWE NETWORK SUBSCRIBERS IN THE UK AND EEA ONLY: If you are a subscriber to the WWE Network in the UK or the EEA, please note that any Trial Subscription does not affect your legal rights to cancel during the ‘Cooling-Off Period’ (see further Cancellation/Refund Policy below). Accordingly, the Cooling-Off Period commences at the start of any Trial Subscription and if the Cooling-Off Period is longer than the Trial Subscription, your right to cancel (as set out below) will continue until the end of the Cooling-Off Period, notwithstanding the expiry of your Trial Subscription.Discontinuation of WWE Network. If we discontinue the WWE Network service, then we (i) will notify you by email, at the email address you provide to us during registration, (ii) may provide you with information about similar or new Services, and (iii) reserve the right to cancel the applicable service. We will give you at least one month’s notice of a discontinuation of the WWE Network. For Month-to-Month Recurring Subscriptions, we will not take payment from you for the month in which the discontinuation is effective (or thereafter). For a 12 Month Gift Subscription, you will be entitled to a partial refund in respect of the unexpired part of the relevant 12 month period following the date of discontinuation.
Sales / Use Taxes. WWE may be required to collect sales or use tax for certain purchases, including for the purchase of WWE Network subscriptions. In states or regions that impose a sales or use tax, certain purchases might be subject to tax even if WWE is not required to collect sales or use tax by any particular state or region. A purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether the seller is subject to a tax collection obligation in that state or region. The purchaser may be responsible for any taxes not collected by WWE. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of the applicable taxing authority. If WWE collects sales or use tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase.
KENTUCKY: WWE is not required to and does not collect Kentucky sales or use tax. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue's Internet Web site, http://revenue.ky.gov/.
OKLAHOMA: WWE is not required to and does not collect Oklahoma sales or use tax. The State of Oklahoma requires Oklahoma purchasers to report all purchases that were not taxed and to pay tax on those purchases unless exempt under Oklahoma law. The tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
WWE NETWORK SUBSCRIBERS IN NEW ZEALAND ONLY: Unless otherwise expressly stated, all prices and other consideration will include Goods and Services Tax (GST), if applicable.
WWE NETWORK SUBSCRIBERS IN NEW ZEALAND ONLY: If you are subscriber to the WWE Network in New Zealand, the cancellation/refund policy applies as set out in the above paragraph. You may use the methods above to cancel your subscription or you may also use the cancellation form (which can be found here). Please note, in addition, that you may have a legal right to cancel your subscription and receive a partial refund in circumstances where we are unable to make available to you your subscription or the WWE Network and we are unable to provide an adequate alternative service. In those circumstances, you may have a right to cancel and obtain a partial refund of your monthly subscription fee, the partial refund being the portion of the month remaining, as at the time of cancellation.
WWE NETWORK SUBSCRIBERS IN UK AND EEA ONLY: If you are a subscriber to the WWE Network in the UK or the EEA, without prejudice to your other statutory rights including in relation to defective content or services, the cancellation/refund policy applies as set out in the above paragraph. You may use the methods above to cancel your subscription or you may also use the cancellation form (which can be found here). However, please note, in addition, that you have a legal right to cancel your subscription and receive a full refund (if we have taken any payments) at any time during the period commencing from the time at which we accept your order for the WWE Network and ending at the end of the 14th full day after the date on which we accepted your order (“Cooling-Off Period”) unless you have started using the WWE Network services included in your subscription, in which case you consent to WWE beginning with the performance of the WWE Network services before the end of the Cooling-Off Period and acknowledge that you thereby lose your right of withdrawal). Please note that if you have benefitted from a Trial Subscription, the Cooling-Off Period itself will expire at the end of the 14th full day after the date on which your Trial Subscription started (however long the Trial Subscription period is). For the avoidance of doubt, however, if your Trial Subscription period is longer than the Cooling-Off Period, your right to cancel without incurring any charges would continue for the remainder of the Trial Subscription period (subject to and in accordance with the terms of the relevant Trial Subscription). If you have a Month-to-Month Recurring Subscription, you may cancel it without cause at any time, but PLEASE BE AWARE THAT ANY CANCELLATIONS MADE IN THIS WAY AFTER EXPIRY OF THE COOLING-OFF PERIOD WILL ONLY BE EFFECTIVE AT THE END OF THE RELEVANT SUBSCRIPTION MONTH IN WHICH THE CANCELLATION IS MADE. This means that if you cancel for convenience after the Cooling-Off Period, you will have continued access to WWE Network for the remainder of the then current subscription month and will not receive a refund. Advice about your legal rights is available from a lawyer, your local Citizens' Advice Bureau or Trading Standards office or equivalent consumer adviser.
Right Of Withdrawal. To the extent allowed under applicable law, your right of withdrawal is hereby waived. If your country of residence gives you a right of withdrawal and such right may not be waived hereunder in accordance with applicable law, you may cancel your subscription to the WWE Network prior to the expiration of your country of residence’s “cooling-off period” (“Right of Withdrawal Period”) and be eligible for a full refund (if we have taken any payment). If you have started using the WWE Network services included in your subscription, you consent to WWE beginning with the performance of the WWE Network services before the end of such Right of Withdrawal Period and acknowledge that you thereby lose your right of withdrawal. PLEASE BE AWARE THAT ANY CANCELLATIONS MADE IN THIS WAY AFTER EXPIRY OF YOUR COUNTRY OF RESIDENCE’S RIGHT OF WITHDRAWAL PERIOD WILL ONLY BE EFFECTIVE AT THE END OF THE RELEVANT SUBSCRIPTION MONTH IN WHICH THE CANCELLATION IS MADE. This means that if you cancel for convenience after the Right of Withdrawal Period, you will have continued access to WWE Network for the remainder of the then current subscription month and will not receive a refund.
System Requirements. WWE Network is a streaming service that supports 720p HD streaming, subject to content availability, device limitations and bandwidth. WWE content is streamed over the Internet, not downloaded, so you must be connected to the Internet in order to view video content. System and Internet connectivity requirements to watch WWE on your TV through connected devices, mobile devices, and computers may be found here.
Please contact us if you need more information about interoperability or any other rights.
To protect the security of your payment information in transmission, we employ reasonable technological measures including, where appropriate, Transport Layer Security technology (formerly referred to as secure socket layer technology (SSL) technology). When appropriate, we also may encrypt your payment information when we store your order and whenever we transfer that information to participating vendors or take other appropriate steps to protect the security of your personal information.
Please keep in mind that whenever you provide personal information online in a public forum - for example, via message boards or chat - that information can be collected and used by people you don't know. While WWE strives to protect your personal information, we cannot guarantee the security of any information you disclose online in a public forum; you make such disclosures at your own risk. You may not use or attempt to use the Services to collect personal information about other persons or in any other manner that is inconsistent with another person's privacy or personal data protection rights.
When you register as a Fan or when you register for certain Services, you will also be asked to choose a username, password or other identification information intended to restrict access to Participation and to otherwise protect your Membership from unauthorized access. WWE agrees to use reasonable skill and care in protecting your account but you are also responsible for maintaining the confidentiality of your password and other identification information and may be held responsible for unauthorised use of your account to the extent that this is due to your misuse including if you do not take reasonable care in protection your password and account. You agree not to use the account, username, password or other identification information of another Fan at any time or to disclose your identification information to any third party. You agree to notify WWE immediately if you suspect any unauthorized use of your account or access to your identification information. You are solely responsible for any and all use of your account. For the protection of Fans, WWE reserves the right to require or install revised account access procedures or applications at any time even though this may temporarily block access to certain parts of the Services.
Monitoring of Services
WWE expressly reserves the right to monitor any and all uses of the Services. However, WWE is under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so. We assume no responsibility or liability arising from or relating to the content of any transmissions by third parties unconnected with WWE to or through the Services or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy contained in any information transmitted by third parties unconnected with WWE to or through any location on the Services.
At times, WWE may solicit from Visitors to WWE Websites information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork or other materials. Of course, Visitors to a WWE Website have the ability to submit information of this type to us at any time even if we do not solicit it. Collectively this type of information, whether solicited by us or not, and whether or not posted to this Site or any other WWE Website, is referred to as "Submissions".
WWE does not want any video Submissions which involve stunts, tricks, or maneuvers that replicate, mimic, or portray in any fashion, the activities undertaken by WWE athletes and personnel. WWE would like to remind you that its Superstars are trained sports entertainers. You should never try to emulate what they do in and out of the ring.
By submitting any Submission, whether solicited by us or not, you are automatically granting WWE an ownership right and/or you hereby assign the right to WWE, or, to the extent that WWE cannot claim exclusive ownership rights by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, you hereby expressly grant a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display or otherwise utilize such Submissions, in whole or in part, in any form, media or technology known or hereafter (including, but not limited to, television, radio, motion pictures, streaming, downloads, online, physical media, print and public display) developed for any purpose (including, but not limited to, advertising and promotional purposes) throughout the world in perpetuity (and in any event for a period of not less than 50 (fifty) years as permitted pursuant to Local Law Obligations or where not so permitted, for a period of 10 (ten) years or the longest period which is permitted) (collectively, "Rights").
Third Party Content
Please exercise discretion while browsing the Internet or using the Services. You should be aware that while using the Services you could be directed to other web sites by links and other features found on the Services. If you click on those links or other features, you may be visiting a web site or service that is not owned or operated by WWE and over which WWE has no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to WWE and over which WWE has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other web sites or services may collect data, solicit personal information and generate cookies on your computer in a manner different from our Services. These other web sites or services may also contain information that you may find inappropriate or offensive.
WWE is in no way responsible for the content or availability of information found on any web site or service owned by a third party that may be linked to WWE's web sites by a hyperlink, whether such hyperlink is provided by WWE or by a third party. By providing access to third party web sites or advertisements, WWE is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites or services linked to the Services. We cannot ensure that you will be satisfied with any products or services you purchase from a third party that links to or from the Services or that you purchase through third party advertising or content on the Services. We do not make any representations or warranties as to the security of any information (including, without limitation, payment information and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party web sites or services accessible by links from the Services to the extent permitted under Local Law Obligations. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
THE MATERIALS ON THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WWE NETWORK SUBSCRIBERS IN NEW ZEALAND ONLY: If you are in New Zealand, this paragraph shall apply in relation the Services, instead of the preceding 2 paragraphs. We warrant that the Services will be: (a) provided with reasonable care and skill; (b) of satisfactory quality; and (c) fit for purpose. You may have rights under the Consumer Guarantees Act 1993 in relation to the Services. EXCEPT TO THE EXTENT PREVENTED BY LAW, WE MAKE NO WARRANTIES (WHETHER EXPRESS OR IMPLIED) AND EXCLUDE ANY STATUTORY WARRANTIES IN RELATION TO THE SERVICES.
***Disclaimer: WWE would like to remind you that its Superstars are trained professional athletes. You should never try to emulate what they do in and out of the ring.***
WWE is not responsible for and makes no warranties, express or implied, as to the User-Generated Content appearing on any WWE Website or the Services, whether actually or apparently provided by Registered Fans or by any of the equipment or programming associated with or utilized in the Services. You post User-Generated Content to the Services at your own risk. Although we provide privacy settings that limit access to your profile, no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your User-Generated Content. We cannot and do not guarantee that your User-Generated Content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Even after removal, copies of User-Generated Content may remain viewable in cached and archived pages or if other Users have copied or stored your User-Generated Content. User-Generated Content appearing on the Services does not necessarily reflect the opinions or policies of WWE. User-Generated Content may link to other websites. WWE is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by WWE. When you access these third party sites, you do so at your own risk.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WWE OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE COMPLETE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF WWE AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO WWE, IF ANY, FOR ACCESSING THE SERVICES.
Commenting on WWE.com and other Services
WWE has created opportunities on WWE Websites for our fans so that they can have a safe and enjoyable place to interact with other fans, express themselves, and support their favorite WWE Superstars. In order to maximize this opportunity for all WWE fans, WWE requires that fans agree to the following terms when they participate in commenting on WWE Websites.
A. Post only appropriate content
What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a WWE Website. WWE reserves the right to investigate and take appropriate legal action against anyone who, in WWE's sole discretion, violates this provision, including without limitation, removing the offending content and terminating the registration of such violators. Prohibited content includes, but is not limited to, content that:
- Harasses or advocates violence or harassment of another person;
- Publicly posts information that poses or creates a privacy or security risk to any person;
- Constitutes or promotes information that you know if false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
- Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- Solicits personal information from anyone under the age of 18;
- Promotes any criminal activity or enterprise;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Involves commercial activities or sales or contests or advertising, without WWE's prior written consent;
- Includes a photograph or video of another person that you have posted without that person's consent;
- Imitates or purports to be a posting to a WWE Website by someone other than the person actually posting.
B. Report Inappropriate Content
Help WWE remove content that doesn't belong here. If you become aware of misuse of a WWE Website by any person, you agree to click on the "Contact WWE" or the "Report Abuse" links.
After the WWE fan community identifies content through this website reporting tool, the content will be automatically reviewed, and WWE may exercise its discretion to either further review or permanently remove the offending content or conduct and to warn or, as appropriate, to bar from being Registered Fans those transmitting such content or engaging in such conduct.
We need all Users to report suspicious persons and inappropriate content they encounter on any part of a WWE Website. And we strongly encourage Users under the age of 18 to talk to their parents or a responsible adult immediately if someone online says or does something to make them feel uncomfortable or threatened in any way.
C. Keep your Guard Up!
Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number.
You are solely responsible for your interactions with other Fans. WWE reserves the right, but has no obligation, to become involved in any way with disputes between you and other Fans.
WWE cannot guarantee that any Participation or User-Generated Content on WWE Websites was actually created by the individual or entity claiming authorship.
D. Abide by All Laws
WWE assumes no responsibility for monitoring WWE Websites Participation for inappropriate User-Generated Content or conduct. If at any time, WWE chooses, in its sole discretion, to monitor User-Generated Content or conduct within the WWE Websites, WWE nonetheless assumes no responsibility for the User-Generated Content or conduct, no obligation to modify or remove any inappropriate User-Generated Content, and no responsibility for the conduct of any Fan submitting such User-Generated Content.
You are solely responsible for the photos, messages, notes, text, information, music, video and other content that you upload, publish or display (hereinafter, "post") to any Service including WWE.com, or transmit to or share with other users. You may not post, transmit, or share content that you did not create or that you do not have permission to post.
The Services are controlled and operated by or on behalf of WWE and its affiliates. We make no representation that materials or products offered on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the Services are further subject to United States export controls. No software or products offered on the Services may be downloaded, shipped or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By purchasing products or downloading or using the Software offered on the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, for Month-to-Month Recurring Subscriptions, in addition to our rights to terminate your subscription in the circumstances set out above, we may also cancel your subscription by notice to you at any time (without cause and without liability) provided that any such termination shall not take effect until the end of the then current subscription month (and we will not take any payment from you in respect of the subsequent month (or thereafter)).
WWE NETWORK SUBSCRIBERS IN UK, EEA AND NEW ZEALAND ONLY: If you are a subscriber to the WWE Network in the UK, EEA or New Zealand, the above Termination provisions still apply to you in full, save only that, in respect of your subscription to the WWE Network, the second paragraph above (the paragraph beginning “WWE may terminate your status as a Registered Fan…") does not apply to you and the remedies available to you shall not be so limited as described in the second paragraph and your full statutory rights shall apply.
Dispute Resolution; Arbitration; Class Action Waiver
The arbitration will be done by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, arbitrator, and administration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than US$10,000, unless the arbitrator determines the claims are frivolous. In addition, WWE will not seek attorney’s fees and costs in arbitration unless it is determined by the arbitrator that the claims are frivolous.
If your claim is worth US$10,000 or less, We agree that You may choose whether arbitration will be conducted by written submissions, telephone, or in person in the county where you live or at another mutually agreed upon location. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA rules. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Compared to lawsuits in court, arbitration is less formal. In arbitration, a neutral arbitrator is used instead of a judge or jury, and court review of the arbitration award is limited. An arbitrator has the ability to award the same relief and damages as a court.
As the sole exception to this arbitration requirement, a User may pursue a claim in small claims court provided such claim is within that court’s jurisdiction and provided that the User proceeds only on an individual basis.
If You choose to commence arbitration or file a small claim court action, you must first send a written notice to WWE by certified mail requesting arbitration or a small claim court action and describing your claim (“Notice”). Regardless of which party sends the Notice, it should describe the basis of the claim and set forth the specific relief sought. This letter must be addressed to: General Counsel, World Wrestling Entertainment Inc., 1241 E. Main Street, Stamford, CT 06902. If WWE initiates arbitration, it will send a written Notice to the email address of the User used for access to the Services. If You and WWE do not reach an agreed upon resolution within 30 days of receiving notice, You or WWE have the right to begin an arbitration proceeding or file a claim in small claims court. A form Notice to initiate arbitration can be copied or downloaded at www.adr.org.
For timeliness purposes, You and WWE agree to begin any arbitration or claim in small claims court within one year after a claim arises; otherwise, the claim is waived.
You and WWE also agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor the WWE will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. We both also expressly waive the right to a trial by jury.
To the extent arbitration is not applicable, you and WWE agree to submit to the exclusive jurisdiction of the state and federal courts (as applicable) located in Fairfield County of the State of Connecticut. You agree that WWE may bring suit in a court of competent jurisdiction in Connecticut to enjoin infringement or other misuse of intellectual property rights.
Digital Millennium Copyright Act / Copyright Infringement
If you believe your work has been copied and posted on or through these Services in a way that constitutes copyright infringement, please send WWE's Copyright Agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
(f) your physical or electronic signature.
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
WWE's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, World Wrestling Entertainment, 1241 East Main Street, Stamford, CT 06902. WWE's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking email@example.com
WWE may make certain features of the Services available via your mobile phone. In addition to any charges disclosed to you by WWE, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the product or feature provided by WWE or a WWE affiliate, you agree that WWE may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us to the extent necessary to provide the product or feature you have requested.