Please read these terms carefully before using this website.
This Website and its Content is owned by BeTheKnockout.com (referred to herein as “we” or “us”). The term “you” refers to the user or viewer of BeTheKnockout.com (“Website”).
Please read these terms and conditions (“T&C”) carefully. We reserve the right to change these T&C on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.
1. Who Can Use Our Website?
Our site is intended for adults only. You must be 13 years or older to use this site. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), BeTheKnockout.com will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age. Please see our Privacy Policy for additional information or how to notify us of any concerns in this regard.
2. User Conduct
As a condition of use, you agree to all of the following:
- You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes.
- You are solely responsible for your conduct and any Content that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service
- You must not harass, threaten, impersonate, or intimidate other users.
- You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
3. Our Limited License To You
This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark and other intellectual property laws.
If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase or access our Website or any of its Content, you agree that:
- You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
- You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
- You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content—it is still our property.
- You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
- We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any use that earns you money, unless we give you written permission that you may do so.
As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
All rights not expressly granted in these terms or any express written license, are reserved by us.
4. Your License To Us
By posting or submitting any material on or through our Website such as comments, posts, photos, images, videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, question, email, text, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.
5. Copyright Policy
We respect the intellectual property rights of others, and we ask that our users do the same. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available here. By accepting the T&C, you agree to be bound by our Copyright Policy.
6. Privacy Policy
BeTheKnockout.com takes the privacy of its users very seriously. Our Privacy Policy is available here. By accepting the T&C, you agree to be bound by our Privacy Policy.
7. Disclaimer
Our Website and its Content are for informational and entertainment purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents; delays; injuries; harm; loss; damage; death; lost profits; personal or business interruptions; misapplication of information; physical or mental disease; condition or issue; physical, mental, emotional or spiritual injury or harm; loss of income or revenue; loss of business; loss of profits or contracts; anticipated savings; loss of data; loss of goodwill; wasted time; and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.
8. Warranties Disclaimer
We make no warranties as to our Website or its Content. You agree that our Website and its Content is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Website or its Content will be functional, uninterrupted, correct, complete, appropriate or error-free, that defects will be corrected, or that any part of the Website and its Content 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 our Website or its Content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
9. Technology Disclaimer
We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.
10. Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website and in its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, in its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
11. Links To Other Websites
We may provide links and pointers to other websites maintained by third parties, which may take you outside of our Website and its Content. These links are provided for your convenience, and the inclusion of any link on our Website or in its Content to any other website does not imply our endorsement, sponsorship or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, nor for their accuracy and reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
12. Limitations on Linking and Framing
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement or ownership with our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
By purchasing and/or using our Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer.
13. Indemnification
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.
14. Limitation of liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
15. Release of claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
16. Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.
If you have any questions about these T&C, please contact us at contact@betheknockout.com