Street Fighter IV - Coming to North America on February 17th for the PS3 and XBOX 360.
TERMS OF USE
Welcome to WEHEARTFIGHTING.COM, a web site (the “Website”). By using the Website you are agreeing to be bound by these Terms of Use.
Please read these Terms of Use carefully before registering or using the Website. If you do not accept these Terms of Use, then you may not use the Website. These Terms of Use are subject to change by WEHEARTFIGHTING.COM at any time, effective when posted on the Website. Your continued use after such notice will constitute acceptance by you of such changes.
DANGEROUS ACTIVITIES
Be advised that there may be content on this Website depicting or discussing aggressive or violent behavior. All of the information on this Website is intended to be for entertainment purposes only, and we do not condone or encourage anyone to engage in actual violent or harmful actions.
USE OF THE WEBSITE
You may use this Website solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Website contains information that may be of a graphic nature. You agree that you will not hold WEHEARTFIGHTING.COM liable for being exposed to such content, and agree that you are using the Website at your own risk.
REGISTRATION
You may use the Website without registration, but in order to take advantage of some aspects of the Website, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
YOUR LICENSE TO WEHEARTFIGHTING.COM
The Website may provide you with an opportunity to share and upload your videos, photos and other information (“User Content”). You hereby grant WEHEARTFIGHTING.COM a perpetual license to use, redact, republish, copy, perform and distribute your User Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the User Content. You acknowledge that our use of your User Content may include licensing such User Content to third parties and/or using such User Content for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your User Content would require us to seek permission of a third party in order to use the User Content as described in these Terms of Use.
ACCEPTABLE USE POLICY (“AUP”)
Despite the theme and nature of the Website, WEHEARTFIGHTING.COM expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to WEHEARTFIGHTING.COM at abuse@weheartfighting.com.
You are solely responsible for the User Content that you post on the Website or transmit to other users and agree that you will not hold WEHEARTFIGHTING.COM responsible or liable for any User Content from other users that you access on the Website.
Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. WEHEARTFIGHTING.COM will make the sole determination as to whether or not User Content is acceptable for the Website. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that:
You may not upload or use avatars that violate this AUP.
WEHEARTFIGHTING.COM is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. WEHEARTFIGHTING.COM will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.
You understand that when using the Website, you will be exposed to User Content from a variety of sources, including content that depicts aggressive behavior, and that WEHEARTFIGHTING.COM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Website.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Website to any third party.
TERMINATION OF ACCESS
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
PRIVACY
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.
LINKS
This Website may contain links to other web sites not maintained by us. This links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Website by a party other than WEHEARTFIGHTING.COM. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Website, we do not endorse and are not affiliated with such third parties.
OUR PROPRIETARY RIGHTS
WEHEARTFIGHTING.COM or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by WEHEARTFIGHTING.COM.
NO WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Website during the prior twelve (12) months or (ii) ten dollars ($10).
INDEMNITY
You agree to defend, indemnify and hold harmless WEHEARTFIGHTING.COM, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by WEHEARTFIGHTING.COM) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
GOVERNING LAW
The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE.
Any claims asserted by you in connection with the Website must be asserted in writing to WEHEARTFIGHTING.COM within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
DIGITAL MILLENNIUM COPYRIGHT ACT (”DMCA”) NOTICE
Materials may be made available via the Website by third parties not within our control (such as User Content). We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) 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 the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Email: copyright@weheartfighting.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
SEVERABILITY
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
WAIVER; REMEDIES
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
CONTACT INFORMATION
Should you have any questions you may contact us at help@weheartfighting.com.
EFFECTIVE DATE
These Terms of Use were last updated on December 1, 2008